Jones v. International Paper Co.

720 F.2d 496, 33 Fair Empl. Prac. Cas. (BNA) 430, 1983 U.S. App. LEXIS 15588, 32 Empl. Prac. Dec. (CCH) 33,886
CourtCourt of Appeals for the Eighth Circuit
DecidedNovember 3, 1983
DocketNo. 82-1896
StatusPublished
Cited by20 cases

This text of 720 F.2d 496 (Jones v. International Paper Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. International Paper Co., 720 F.2d 496, 33 Fair Empl. Prac. Cas. (BNA) 430, 1983 U.S. App. LEXIS 15588, 32 Empl. Prac. Dec. (CCH) 33,886 (8th Cir. 1983).

Opinion

McMILLIAN, Circuit Judge.

Appellants Larry Jones and Donzell Parlor, black employees at International Paper Company’s Camden, Arkansas mill, appeal from a judgment of the District Court1 for the Western District of Arkansas denying them relief in their Title VII employment discrimination claim.2 Appellants alleged that their employer repeatedly denied them entry into the maintenance department apprenticeship program on the basis of appellants’ failure to pass certain tests. Both a disparate treatment and a disparate impact theory were advanced. For reversal appellants argue that the district court erred in (1) failing to conclude that appellants made a prima facie case, (2) failing to find racial discrimination in the employer’s maintenance apprenticeship program selection procedures, and (3) adopting verbatim the employer’s suggested findings of fact and conclusions of law as the court’s own findings. For the reasons discussed below, we affirm the judgment of the district court.

The Camden, Arkansas, paper mill is one of a number of facilities operated by the employer.3 The mill consists of production departments which process wood into paper and maintenance departments which are responsible for repairing and maintaining the machinery used at the mill. Between the [498]*498years 1972 and 1978, approximately 15% of the more than 700 mill employees were black.

Jobs in the maintenance departments were generally considered more desirable, offering skilled craft work, better pay and opportunity for advancement. The employer offered a four-year maintenance apprenticeship program designed to develop employees into journeyman-mechanics through both classroom and on-the-job training. All mill employees were eligible to apply for acceptance into this program.

The selection process for new apprentices was a two-step procedure. Applicants were first screened by the personnel department which submitted a list to the maintenance department of those candidates who qualified for consideration. A committee of four or five maintenance supervisors would interview these candidates and make the final selections. This committee has always been all white.

Until 1978, an applicant was required to achieve minimum scores on certain standardized employment tests4 in order to be considered for a maintenance position. As of 1975, however, the personnel department could grant a waiver of this threshold requirement to black employees who otherwise qualified.

After 1978, applicants’ test scores continued to be considered, but minimum scores were no longer formally an absolute prerequisite.5

Other criteria for entry into the program included a high school diploma or the equivalent and subjective factors such as character, reliability, ability to learn, and prior work experience and performance.

The maintenance work force of more than 160 employees was all white prior to 1969 when one black employee was accepted into the apprenticeship program. In 1973, one other black employee entered the program. By 1972, the employer had implemented an affirmative action plan with a goal of a 25% black maintenance department. Between 1973 and 1981, of the 30 employees placed in the maintenance apprenticeship program, 12 were black. Thus, at the time of trial, 12 out of approximately 175 maintenance personnel (under 7%) were black.

Larry Jones was hired by the employer in a production job in August of 1972. In 1973, he applied for transfer to the maintenance apprenticeship program but was not considered for acceptance because he did not get the minimum required scores on the standardized tests. His application in 1974 met the same fate. In 1975, although he again did not score above the cut-off level, he was interviewed by the selection committee for a maintenance apprenticeship position. He withdrew as a candidate, however, when he learned that he was only being considered for general mechanics whereas he was interested in electronics and instrumentation. Jones reapplied in 1976 and in 1981; on both occasions he was interviewed but not selected. A work evaluation form on Jones, covering the period October 1972 — October 1973, indicated that his performance was less than satisfactory.

Donzell Parlor began working at the Camden mill in 1972 as a production worker. He first applied for a maintenance job in 1975. He was not considered for the apprenticeship program because of his test scores. In 1981 Parlor applied a second time for the program; this time he was interviewed but not selected.

The district court found that appellants failed to prove the tests’ discriminatory effect. Jones v. International Paper Co., No. ED-76-58-C(l), slip op. at 10 (W.D.Ark. June 30, 1982). Furthermore, as to appellant Jones, the court found that even had Jones been considered for the apprenticeship program in 1973, “he was not the best qualified of the persons seeking ... ap[499]*499prenticeships in 1973.” Id. at 4. The court concluded that race played no part in Jones’ failure to be selected in 1973, as well as in 1975 and 1981 when low test scores were no longer an absolute bar. Id. at 4-5. Similarly, as to appellant Parlor, the court concluded that race was not a factor in his failure to be selected in 1975,1976 and 1981. Id. at 6.

Appellant first argues that the district court’s verbatim adoption of the employer’s proposed findings of fact and conclusions of law was improper. This court has expressed its disapproval of a district court’s mechanical adoption of the proposed findings and conclusions of a party in Askew v. United States, 680 F.2d 1206 (8th Cir.1982). Important evidence is more likely to be overlooked or inadequately considered when factual findings are not the product of personal analysis and interpretation by the trial judge. See James v. Stockham Valves & Fittings Co., 559 F.2d 310, 314 n. 1 (5th Cir.1977), cert. denied, 434 U.S. 1034, 98 S.Ct. 767, 54 L.Ed.2d 781 (1978). We reiterate our strong disapproval of this practice. Nevertheless, such findings are formally the district court’s and we proceed, therefore, to examine the record for support of these findings.

As the district court recognized, both the disparate impact and the disparate treatment theories of discrimination can be applied to the particular facts in the present case. Accordingly, we analyze the claims under both theories, keeping in mind the contrasting definitions of the two as given in International Brotherhood of Teamsters v. United States, 431 U.S. 324, 97 S.Ct. 1843, 52 L.Ed.2d 396 (1977). Disparate treatment occurs where “[t]he employer simply treats some people less favorably than others because of their race.” Id. at 335 n. 15, 97 S.Ct. at 1854 n. 15. On the other hand, disparate impact “involve[s] employment practices that are facially neutral in their treatment of different groups but that in fact fall more harshly on one group than another and cannot be justified by business necessity.” Id.

Disparate Impact

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720 F.2d 496, 33 Fair Empl. Prac. Cas. (BNA) 430, 1983 U.S. App. LEXIS 15588, 32 Empl. Prac. Dec. (CCH) 33,886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-international-paper-co-ca8-1983.