John M. Ryder v. Westinghouse Electric Corporation

128 F.3d 128, 47 Fed. R. Serv. 1138, 39 Fed. R. Serv. 3d 150, 1997 U.S. App. LEXIS 27093, 71 Empl. Prac. Dec. (CCH) 45,003, 74 Fair Empl. Prac. Cas. (BNA) 1867, 1997 WL 598392
CourtCourt of Appeals for the Third Circuit
DecidedSeptember 30, 1997
Docket96-3414
StatusPublished
Cited by145 cases

This text of 128 F.3d 128 (John M. Ryder v. Westinghouse Electric Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John M. Ryder v. Westinghouse Electric Corporation, 128 F.3d 128, 47 Fed. R. Serv. 1138, 39 Fed. R. Serv. 3d 150, 1997 U.S. App. LEXIS 27093, 71 Empl. Prac. Dec. (CCH) 45,003, 74 Fair Empl. Prac. Cas. (BNA) 1867, 1997 WL 598392 (3d Cir. 1997).

Opinion

OPINION OF THE COURT

SEITZ, Circuit Judge.

Defendant, Westinghouse Electric Corporation (“Westinghouse”), appeals from a judgment, entered on a jury verdict, in favor of Plaintiff, John M. Ryder (“Ryder”). This action is based on the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 (1994) (“ADEA”), and the Pennsylvania Human Relations Act, 43 Pa. Cons.Stat. Ann. §§ 951-963 (“PHRA”). 1

Ryder was employed as a staff assistant to the group controller for Westinghouse’s Power Systems Group from 1983 until April 6, 1993. Prior to assuming this position, Ryder had been employed at Westinghouse in various other capacities since January 7, 1963. On April 6, 1993, Lou Facchini (“Facchini”), who had been the group controller for the Power Systems Group since 1991 and who had “inherited” Ryder from the previous controller, terminated Ryder’s employment under Westinghouse’s permanent job separation program. 2 At the time of his termination, Ryder was fifty-two years old.

Two days after leaving Westinghouse, Ryder filed a complaint with the Equal Employment Opportunity Commission (“EEOC”), alleging that Westinghouse wilfully terminated him because of his age. After waiting for the required time periods to elapse, Ryder filed his complaint in the district court on November 11, 1993. A two-week jury trial concluded with the jury’s verdict in favor of Ryder, and with an award in the amount of $241,909. Westinghouse filed this timely appeal.

Westinghouse attacks the district court’s management of the trial in two separate respects, each of which, Westinghouse submits, requires us to reverse the judgment and remand this case for a new trial. We turn to those issues.

I.

Admission of the “Chairman’s Initiative Memorandum”

Westinghouse first challenges the admission of the so-called “Chairman’s Initiative Memorandum,” which was authored by Michael Jordan, Westinghouse’s CEO, and which contained allegedly ageist comments made by unidentified Westinghouse executives who were authorized to make personnel decisions. 3 These comments were made at a series of meetings attended by Jordan, who *131 became CEO in June of 1993, approximately two months after Ryder’s “official termination.” Also in attendance was Gary Clark, who was acting as CEO when Ryder was terminated, and who became president of the company after Jordan was hired.

The controversial comments reflected in the memorandum were made at a meeting held on July 6-7,1994, the topic of which was “Employee Selection Development Rewards and Costs.” App. at 54. Jordan’s memorandum was distributed to “All Previous Attendees of Chairman’s Initiative,” and included his introductory comments that the summaries contained “some good ideas” and were “long, but valuable.” Id. at 45. Some of the allegedly ageist comments included:

Participant: In many of our businesses we have an older workforce. As a result, that workforce gets a higher salary. Additionally, our low growth businesses can strain opportunities for younger workers. Somehow we must provide those opportunities. We have to get the “blockers” out of the way.
Participant: Westinghouse has been pretty paternalistic in the past and we’ve ended up with too much dead wood in the organization.
Jordan: Yes, and that’s a big issue because as you squeeze the infrastructure, you want your best talent to stay in the organization.
Participant: We really haven’t hired much over the last 10-15 years. As a result, we have a hole in terms of people development. We don’t have enough people in the organization ages 30-40. Somehow we have to anticipate what our requirements are for people three years down the road and be willing to hire people for the future.
Jordan: That’s the issue at many business units. You have to have regeneration.
Participant: Blockers are always an issue but they’re less of -an issue when you are in a growth mode. Removing blockers is very important when you’re in a downsizing mode because you don’t have the kinds of opportunities that growth provides you.
Jordan: People down in the organization know who they are.... [W]e have to put ourselves in a position of getting high pots into more responsible jobs and move the blockers aside. That’s hard to do, and no one likes to do it, but we’re paying the price now for our inability to do it in the past.
Jordan: What we need to do as the leadership of this organization, is force ourselves to those standards so that the best persons get into the right positions. An eager high-energy person will get more done in one month than someone who has retired in place will do in one year.
Jordan: We seem to be missing the people in the middle of the age range who have talent, the willingness and the horsepower to take on risky change projects. We don?t have those types pushing up from the bottom. We have a kind of regeneration gap here. We have to have those kinds of people. Not only are these individuals the leadership of tomorrow, these are the people that create ferment down in the ranks that pushes against the status quo in the system.

App. at 54-59. 4

Westinghouse contends that any relevancy that this document may have to Ryder’s ter *132 mination one year prior to the chairman’s initiative meeting is substantially outweighed by its highly prejudicial nature. Westinghouse also argues that the document constitutes inadmissible hearsay. Ryder responds that the document was properly admitted as circumstantial evidence of the corporate culture existing when Ryder was terminated one year earlier.

We review the district court’s evidentiary rulings for abuse of discretion. Sheridan v. E.I. DuPont de Nemours & Co., 100 F.3d 1061, 1076 (3d Cir.1996) (en banc), cert. denied, — U.S. -, 117 S.Ct. 2532, 138 L.Ed.2d 1031 (1997). We will not disturb the district court’s application of a balancing test under Federal Rule of Evidence 403 unless it is “arbitrary and irrational.” Abrams v. Lightolier Inc., 50 F.3d 1204, 1213 (3d Cir.1995) (internal quotations and citations omitted). 5

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128 F.3d 128, 47 Fed. R. Serv. 1138, 39 Fed. R. Serv. 3d 150, 1997 U.S. App. LEXIS 27093, 71 Empl. Prac. Dec. (CCH) 45,003, 74 Fair Empl. Prac. Cas. (BNA) 1867, 1997 WL 598392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-m-ryder-v-westinghouse-electric-corporation-ca3-1997.