Greaves v. Jefferson State Junior College

494 So. 2d 409, 34 Educ. L. Rep. 1296, 1986 Ala. LEXIS 3627
CourtSupreme Court of Alabama
DecidedJune 27, 1986
Docket85-206
StatusPublished

This text of 494 So. 2d 409 (Greaves v. Jefferson State Junior College) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greaves v. Jefferson State Junior College, 494 So. 2d 409, 34 Educ. L. Rep. 1296, 1986 Ala. LEXIS 3627 (Ala. 1986).

Opinion

ADAMS, Justice.

Plaintiff, John Greaves, appeals from the summary judgment entered by the Circuit Court of Jefferson County, based upon a determination that his removal as dean of students did not violate the Age Discrimination in Employment Act (“ADEA”) 29 U.S.C. § 621 et seq. (1982). We affirm.

[410]*410The pleadings and depositions submitted in this case show that plaintiff was an untenured administrator — the dean of students — and was employed on a year-to-year contract basis with defendant, Jefferson State Junior College. On February 20, 1980, plaintiffs position was eliminated by. the defendant. As of February 20, plaintiff had been the dean of students for twelve years and was 53 years old. The defendant honored the pay provisions of plaintiff’s contract through the remainder of the 1979-80 academic year, and then retained plaintiff in an instructor’s position on a year-to-year contract basis.

On July 23, 1980, plaintiff filed suit against the school, alleging, inter alia, that it had violated the ADEA. After the other claims had been disposed of, the court granted defendant’s motion for summary judgment on the ADEA claim, and plaintiff appealed.

The sole issue for our review in this appeal is whether plaintiff proved a prima facie case of age discrimination, thus precluding summary judgment. This ADEA summary judgment standard is discussed later in this opinion.

Both plaintiff and defendant direct this Court’s attention to the case of Williams v. General Motors Corp., 656 F.2d 120 (5th Cir.1981), as a leading case with regard to a prima facie showing in reduction-in-force cases. In Williams, the court stated:

[W]e hold that a plaintiff in this job reduction case could have established a prima facie case by: (1) satisfying the “standing requirements under the statute,” [McCorstin v. United States Steel Corp., 621 F.2d 749, 753 (5th.Cir.1980) ], i.e., showing that he is within the protected age group and that he has been adversely affected — discharged or demoted — by defendant’s employment decision; (2) showing that he was qualified to assume another position at the time of discharge or demotion; and (3) producing evidence, circumstantial or direct, from which a factfinder might reasonably conclude that the employer intended to discriminate in reaching the decision at issue. While the first two requirements have appeared with frequency in age discrimination cases, the third one is tailored to the reduction-in-force facts such as those before us and requires some amplification.
The third requirement is based upon our understanding of the duty the ADEA imposes upon an employer. The ADEA mandates that an employer reach employment decisions without regard to age, but it does not place an affirmative duty upon an employer to accord special treatment to members of the protected age group. The age of a “protected” job applicant or incumbent, then, is accorded neutral status under the ADEA, neither facilitating nor hindering his employment, his chances for advancement, or his exposure to demotion or discharge. Our third requirement simply insists that a plaintiff produce some evidence that an employer has not treated age neutrally, but has instead discriminated based upon it. Specifically, the evidence must lead the factfinder reasonably to conclude either (1) that defendant consciously refused to consider retaining or relocating a plaintiff because of his age, or (2) defendant regarded age as a negative factor in such consideration.

656 F.2d at 129-30. In accord, Coker v. Amoco Oil Co., 709 F.2d 1433 (11th Cir.1983).

Plaintiff claims that he proved a prima facie case of age discrimination because he was initially replaced with two men who were both younger than he was. It is undisputed that, when plaintiff’s position was abolished, the duties of that position were divided between two employees of the junior college: Doctor Farquhar, who was both a dean of special services and an associate dean of student services, who was 49 years old, and who assumed the bulk of the duties; and Robert Dren-nen, who was also a dean and who was 40 years old at the time. Plaintiff claims that, because these employees, were respectively, 4 and 13 years younger than he, this provided some proof of age discrimination.

[411]*411In the very recent case of Goldstein v. Manhattan Industries, Inc., 758 F.2d 1435 (11th Cir.1985), the Court of Appeals stated:

The mere fact that one employee is replaced with another who is younger certainly does not, without more, give rise to an inference that age was even considered in the decision to dismiss or demote the first employee. Historical experience does often lend support to suspicions that replacements of black with whites or women with men are not coincidental. However, whenever employees are replaced, their replacements are invaribly either older or younger than they are, and the distinctions are usually unimportant.

758 F.2d at 1443.

Another leading case in this area of the law is Pace v. Southern Ry. System, 701 F.2d 1383 (11th Cir.1983). There, the Court of Appeals undertook a lengthy discussion of what must be shown in order to prove a prima facie case, stating:

Appellant also submits that the element of a prima facie case at issue here is established because appellant was replaced by someone two years his junior who in turn was replaced by someone four years younger and this alone gives rise to an inference of age discrimination. In Moore v. Sears, Roebuck & Co., 464 F.Supp. 357 (N.D.Ga.1979), the district court, recognizing the need for flexibility in assessing proof of a prima facie case in an ADEA action, indicated that a pri-ma facie case may be established if, in addition to proving he was in the protected class, was qualified and was discharged, a plaintiff “(a) shows he was replaced by a person younger than himself, (b) produces direct evidence of discriminatory intent, or (c) produces statistical evidence of discriminatory conduct.” Id. at 363 (footnote omitted). The conclusion that replacement by a younger person will support a prima facie case was founded in part on a Department of Labor (DOL) interpretive rule in which the DOL concludes that replacement of a protected employee by one also within the protected group does not preclude a finding of a prima facie case of discrimination. See 49 C.F.R. § 860.91. See also Spagnuolo v. Whirlpool Corp., 641 F.2d 1109 (4th Cir.1981) (58-year old demoted employee replaced by 40-year old successfully established ADEA claim).

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494 So. 2d 409, 34 Educ. L. Rep. 1296, 1986 Ala. LEXIS 3627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greaves-v-jefferson-state-junior-college-ala-1986.