Johnson v. United States Elevator Corp.

779 F. Supp. 465, 1991 U.S. Dist. LEXIS 18451, 57 Fair Empl. Prac. Cas. (BNA) 1103, 1991 WL 275486
CourtDistrict Court, E.D. Missouri
DecidedDecember 17, 1991
DocketNo. 88-2399C(6)
StatusPublished

This text of 779 F. Supp. 465 (Johnson v. United States Elevator Corp.) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. United States Elevator Corp., 779 F. Supp. 465, 1991 U.S. Dist. LEXIS 18451, 57 Fair Empl. Prac. Cas. (BNA) 1103, 1991 WL 275486 (E.D. Mo. 1991).

Opinion

MEMORANDUM OPINION

GUNN, District Judge.

Plaintiff, a black male, filed this Title VII action alleging unlawful racial discrimination as the basis for termination of his employment by defendant.

The following findings of fact and conclusions of law are made pursuant to Rule 52, Fed.R.Civ.P.

Defendant is in the business of installing, maintaining and repairing elevators in the St. Louis metropolitan area. Beginning in 1977 and continuing through August 1991, defendant provided such service under contract for the St. Louis Housing Authority. Plaintiff, a licensed elevator mechanic since 1980, worked as an elevator mechanic for defendant from August 1977 through January 19,1988. Approximately 98 per cent of [466]*466plaintiffs work assignments were to service elevators operated by the St. Louis Housing Authority located throughout St. Louis and St. Louis County. Defendant terminated plaintiff from its employment on January 19, 1988, contending that a reduction in work force was made necessary by a lack of work.

Plaintiff is a member of Local 3 of the International Union of Elevator Constructors with whom defendant has a labor agreement. The union agreement provides for rates of pay and benefits for its members and also provides procedures for termination of a mechanic for cause. The agreement does not require consideration of seniority or other such factors in determining which mechanics it will terminate in the event of a layoff.

Between April 1987 and January 1988, a reduction in available work required defendant to lay off eight of its force of St. Louis mechanics. Plaintiff was the eighth mechanic to be laid off.

The decision relating to which mechanics to lay off was vested in the defendant’s branch manager, Gary Schuette, who relied on his own judgment of the mechanics’ skills, including his experience with them. In this regard, Mr. Schuette considered the attendance and work performance of the employees and advice from their supervisors concerning their skills and work performance. Also of significance were customer comments on the employees’ work. Seniority was not a determinative factor in the layoff process.

There was evidence that plaintiff experienced certain health problems, primarily associated with his corpulence. Plaintiff weighed in excess of 360 pounds. He also had some back, ankle and knee problems throughout the years, and had worked fewer hours than other employees. The branch manager considered plaintiff his “least best” mechanic and attributed plaintiff’s being laid off to this inferior performance, without regard to race.

There was a consistent practice among plaintiff’s co-workers of referring to his race and cultural background in the grossest of pejoratives and epithets, overheard on frequent occasions without response by the branch manager. Defendant refers to those actions as only “ruthless humor” and “teasing.” Plaintiff was the only black permanent employee working as a mechanic in defendant’s St. Louis branch. No complaint was made about the racial slurs, as plaintiff had been directed to lodge any complaints to his immediate supervisor who was the source of many of such statements. Plaintiff acknowledges that he had sometimes referred to himself in self-disparaging terms but claims he did this out of self-consciousness and being the lone member of his race to face the crude humor of his fellow employees and supervisor. More often than not, the racial comments were not intended to be funny but were somewhat threatening and clearly demeaning.1

Plaintiff was terminated from his employment on January 19, 1988. The reasons offered for his termination — all racially neutral — were: poor physical condition, poor record of availability for duty, least experience as a qualified elevator mechanic outside of service work, lack of technological skills, complaints from customers requiring returns to the work site to correct work performed.

Plaintiff was replaced by a white male who, from the credible evidence, was groomed to pass the elevator mechanic’s examination so that he could replace plaintiff.2

While defendant’s articulated reasons for plaintiff’s layoff are facially legitimate and non-discriminatory, there is substantial evidence for finding that such reasons are merely pretextual and that the motivating [467]*467factor in the decision to terminate plaintiff was because of his race.

Defendant asserts that plaintiff lost his job because there were frequent customer call backs to repair what plaintiff had already repaired, plaintiff was physically unable to do his work and defendant needed a more seasoned mechanic. The facts speak otherwise. For example, in spite of his physical problems, there is scant evidence that he could not perform his work, or that there were customer complaints or that his replacement was a more seasoned mechanic—in fact, the evidence is just the opposite because plaintiffs replacement had not worked as a service mechanic.

Most telling against defendant's position is the evidence regarding customer call backs for work inadequately performed. There were indeed many call backs, but not because of plaintiffs work. The call backs were as a result of plaintiffs replacement’s work and inadequate performance.

Plaintiffs rate of pay at the time of his termination was $19.43 per hour. In 1987, he earned $40,128 from defendant. In 1988, plaintiffs replacement earned $45,-209.13 working for defendant on the St. Louis Housing Authority route.

Conclusions of Law

The parties agree on the applicable law and essentially cite the same cases and, at least, the same propositions of law.

The plaintiff must first prove a prima facie case of discrimination by a preponderance of the evidence. Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 252-53, 101 S.Ct. 1089, 1093-94, 67 L.Ed.2d 207 (1981). He must prove that he is a “member of a protected class, and that an adverse employment action was taken against the plaintiff in circumstances from which an inference of unlawful discrimination arises.” Johnson v. Legal Serv., 813 F.2d 893, 896 (8th Cir.1987). If the plaintiff succeeds in making a prima facie case, it is then the defendant’s burden to articulate a legitimate, non-discriminatory reason for the adverse employment action. Burdine, 450 U.S. at 253, 101 S.Ct. at 1093-94.

If the defendant establishes a legitimate and non-discriminatory reason for the required layoff, the ultimate burden of persuading the trier of fact that defendant intentionally discriminated against the plaintiff on the basis of race remains with the plaintiff, and the plaintiff must show that the articulated reason was mere pretext. Johnson, 813 F.2d at 896; Wallace v. University of Missouri, 624 F.Supp. 560, 564 (E.D.Mo.), aff'd, 802 F.2d 465 (8th Cir.1986). Likewise, even if the plaintiff succeeds in persuading the trier of fact that the articulated reason was mere pretext, the defendant may avoid liability by showing by a preponderance of the evidence that the same decision would be reached absent any consideration of plaintiff’s protected class. Price Waterhouse v. Hopkins, 490 U.S. 228, 109 S.Ct. 1775, 1792, 104 L.Ed.2d 268 (1989); Gray v.

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779 F. Supp. 465, 1991 U.S. Dist. LEXIS 18451, 57 Fair Empl. Prac. Cas. (BNA) 1103, 1991 WL 275486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-united-states-elevator-corp-moed-1991.