John T. GRAHAM, Appellant, v. F.B. LEOPOLD COMPANY, INC., Appellee

779 F.2d 170, 39 Fair Empl. Prac. Cas. (BNA) 1025, 1985 U.S. App. LEXIS 25018, 38 Empl. Prac. Dec. (CCH) 35,758
CourtCourt of Appeals for the Third Circuit
DecidedDecember 20, 1985
Docket85-3166
StatusPublished
Cited by31 cases

This text of 779 F.2d 170 (John T. GRAHAM, Appellant, v. F.B. LEOPOLD COMPANY, INC., Appellee) 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 T. GRAHAM, Appellant, v. F.B. LEOPOLD COMPANY, INC., Appellee, 779 F.2d 170, 39 Fair Empl. Prac. Cas. (BNA) 1025, 1985 U.S. App. LEXIS 25018, 38 Empl. Prac. Dec. (CCH) 35,758 (3d Cir. 1985).

Opinions

OPINION OF THE COURT

GIBBONS, Circuit Judge.

The appellant brought suit in the Federal District Court for the Western District of Pennsylvania, alleging that his former employer had improperly discharged him because of his age. The district court granted the defendant employer’s motion for summary judgment, and the plaintiff employee appealed. We reverse.

I.

On December 31, 1983, the defendant, the F.B. Leopold Company, fired the plaintiff, John T. Graham. Graham, who had worked for Leopold for twenty-four years and who at the time of his dismissal was the superintendent of a plastics plant that Leopold operates in western Pennsylvania, was fifty-three years old. Leopold promoted James Green, who had previously served as a foreman in another Leopold plant, to the position formerly held by Graham. At the time of his promotion, Green was forty-one years old.

Approximately eighteen months before Graham’s dismissal, the Muller Company acquired Leopold. With an eye towards increasing the profitability of Leopold’s operations, Muller and Leopold officials met in the fall of 1983 to consider personnel cutbacks. One group these officials targeted for reduction was Leopold’s five-person supervisory cadre, which included Graham and Green. Although Graham had received generally favorable performance reviews during his tenure, he was the one supervisor elected for dismissal.

George Goyak, Leopold’s operations manager, delivered the termination letter to Graham on the last day of 1983. At that time, according to Graham, Goyak told him, “If I were you, I would get a lawyer and fight this.” Graham apparently took this advice to heart.

Alleging that Leopold had violated the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 (1982), when it fired him,1 Graham filed suit against Leopold in May 1984. The defendant employer moved for summary judgment, which the district court granted in an opinion dated February 27, 1985. See Graham v. F.B. Leopold Co., 602 F.Supp. 1423 (W.D.Pa.1985).

II.

The Age Discrimination in Employment Act (ADEA) makes it unlawful for an employer “to discharge any individual ... because of such individual’s age.” 29 U.S.C. § 623(a)(1) (1982). Graham alleges that Leopold discharged him because of his age.

Analogizing the ADEA to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (1982), the district court employed in this ADEA suit the three-step procedure developed by the Supreme Court for assessment of Title VII claims. Both parties to this appeal argue that the district court’s invocation of Title VII doctrine was appropriate. We agree. See Rodriguez v. Taylor, 569 F.2d 1231, 1239 (3d Cir.1977), cert. denied, 436 U.S. 913, 98 S.Ct. 2254, 56 L.Ed.2d 414 (1978).

Under the Supreme Court’s scheme, a Title VII plaintiff first must establish a prima facie case of unlawful discrimination.2 See McDonnell Douglas Corp. v. [172]*172Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973); see also Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 253 & n. 6, 101 S.Ct. 1089, 1093 & n. 6, 67 L.Ed.2d 207 (1981); Dillon v. Coles, 746 F.2d 998, 1003 (3d Cir.1984). If the plaintiff succeeds in making out this prima facie case, the burden of production then shifts to the defendant employer “to articulate some legitimate, nondiscriminatory reason for the employee’s rejection.” McDonnell, 411 U.S. at 802, 93 S.Ct. at 1824. See Burdine, 450 U.S. at 254, 101 S.Ct. at 1094. Should the employer articulate such a reason, the burden of production shifts back to the employee, who then must demonstrate either that the employer’s proffered reason is a pretext or that the employer’s decision was more likely motivated by some discriminatory reason.3 See Burdine, 450 U.S. at 256, 101 S.Ct. at 1095; McDonnell Douglas, 411 U.S. at 804, 93 S.Ct. at 1825.4

Following this sequence, the district court found that Graham had established a prima facie case of age discrimination and that Leopold had demonstrated a legitimate, nondiscriminatory reason for its decision to fire Graham. See Graham v. F.B. Leopold Co., 602 F.Supp. 1423, 1424-25 (W.D.Pa.1985). However, the court held that Graham then failed to introduce evidence that the employer’s reason was a pretext or evidence proving the defendant’s discriminatory intent. Consequently, it granted summary judgment for Leopold. See id. at 1425-26.

When addressing a summary judgment motion, the appropriate inquiry is

whether the admissible evidence, in the record in whatever form, from whatever source, considered in the light most favorable to the respondent to the motion, fails to establish a prima facie case or defense_ If _ there is any evidence in the record from any source from which a reasonable inference in the respondent’s favor may be drawn, the moving party simply cannot obtain a summary judgment....

In re Japanese Electronic Products Antitrust Litigation, 723 F.2d 238, 258 (3d Cir.1983) (emphasis added), cert. granted, — U.S. -, 105 S.Ct. 1863, 85 L.Ed.2d 157 (1985). See also Wolk v. Saks Fifth Avenue Inc., 728 F.2d 221, 224 (3d Cir.1984) (“ ‘[Sjummary judgment is never warranted except on a clear showing that no genuine issue of any material fact remains for trial....’”; quoting Suchomajcz v. Hummel Chemical Co., 524 F.2d 19, 24 (3d Cir.1975)). Accordingly, for Leopold to have prevailed on its motion, no material fact could have been at issue.

In opposing Leopold’s motion for summary judgment. Graham relied principally on what he alleged was a damaging admission by a Leopold official.5 Recounting in his deposition the conversation that he had with George Goyak — Leopold’s operations manager and the one who notified him of [173]*173his dismissal — on the day he was fired, Graham stated, “He [Goyak] said, [‘JWell you’re dog meat. You are going, gone.[’] [A]nd then he said he would advise me to get a lawyer and fight this thing.” Joint Appendix at 50 (Deposition of John Graham). The deposition later featured the following colloquy:

Q. Has anybody ever told you specifically that they believed you were terminated because of your age?
A.

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779 F.2d 170, 39 Fair Empl. Prac. Cas. (BNA) 1025, 1985 U.S. App. LEXIS 25018, 38 Empl. Prac. Dec. (CCH) 35,758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-t-graham-appellant-v-fb-leopold-company-inc-appellee-ca3-1985.