Madeline NORRIS, Plaintiff-Appellee, v. HARTMARX SPECIALTY STORES, INC., Defendant-Appellant

913 F.2d 253, 1990 U.S. App. LEXIS 17361, 54 Empl. Prac. Dec. (CCH) 40,281, 54 Fair Empl. Prac. Cas. (BNA) 1099, 1990 WL 133433
CourtCourt of Appeals for the Fifth Circuit
DecidedOctober 3, 1990
Docket90-1038
StatusPublished
Cited by51 cases

This text of 913 F.2d 253 (Madeline NORRIS, Plaintiff-Appellee, v. HARTMARX SPECIALTY STORES, INC., Defendant-Appellant) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Madeline NORRIS, Plaintiff-Appellee, v. HARTMARX SPECIALTY STORES, INC., Defendant-Appellant, 913 F.2d 253, 1990 U.S. App. LEXIS 17361, 54 Empl. Prac. Dec. (CCH) 40,281, 54 Fair Empl. Prac. Cas. (BNA) 1099, 1990 WL 133433 (5th Cir. 1990).

Opinion

DUHÉ, Circuit Judge.

Hartmarx Specialty Stores, Inc. appeals a judgment awarding Madeline Norris actual damages and attorneys’ fees under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (1982). Norris now seeks an award for the additional attorneys’ fees incurred on appeal. We affirm the district court’s award of actual damages. We remand the case to the district court, however, to give reasons for its award of attorneys’ fees.

Three black women, Madeline Norris, Patricia Woods, and Gayla Jackson, had been managers in the Dallas branch of Hart-marx, a chain of specialty clothing stores. Claiming racial discrimination, they sued Hartmarx after they were discharged as *254 part of a reduction in the work force. During the same reduction, Hartmarx terminated the employment of several other black and white employees. Hartmarx filled the positions of Norris and Woods with white employees but abolished the position of Jackson.

The case was bifurcated for trial and the district court heard only the liability issue. In its findings of fact and conclusions of law, the court first considered whether a pattern or practice of discrimination existed at Hartmarx. The court analyzed the claim under the disparate-impact theory, which applies to “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.” International Bhd. of Teamsters v. United States, 431 U.S. 324, 335 n. 15, 97 S.Ct. 1843, 1854 n. 15, 52 L.Ed.2d 396 (1977). It concluded that the plaintiffs had failed to establish by a preponderance of the evidence that a pattern or practice of discrimination existed.

The district court next considered the three plaintiffs’ employment discrimination claims under the McDonnell Douglas standard. See Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981); McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). It concluded that Jackson could not prevail under that standard because she could not prove an essential element of her prima facie case — that her employer had filled her position with a nonminority employee.

The court also determined that Woods could not prevail under that standard. In the judge’s opinion, Woods had established a prima facie case. Hartmarx, however, had produced a legitimate, nondiscriminatory, and nonpretextual reason for its decision to terminate her employment.

Finally, the district court ruled in favor of Norris under the McDonnell Douglas standard. It determined that Norris had established a prima facie case of employment discrimination and that the reason Hartmarx advanced for terminating her employment was a pretext for discrimination.

The district court postponed determining the damages recoverable by Norris so that the parties could attempt to reach an agreement on that issue. The parties later stipulated that the proper amount of damages due to Norris was $7,485 and that the total amount of attorneys’ fees incurred by the three plaintiffs was $22,436. Hart-marx, however, contended that the opposing attorneys, who represented all three plaintiffs, were not entitled to recover the total amount of attorneys’ fees.

The district court entered a final judgment ordering Hartmarx to pay damages of $7,485 and attorneys’ fees of $17,948.80, an amount equal to eighty percent of all attorneys’ fees incurred by the three plaintiffs.

Title VII Claim

In Title VII cases, the law to be applied is well established. See United States Postal Serv. Bd. of Governors v. Aikens, 460 U.S. 711, 103 S.Ct. 1478, 75 L.Ed.2d 403 (1983); Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207; McDonnell Douglas, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668. The same general standard applies both to refusal-to-hire cases and to discharge cases. See Marks v. Prattco, Inc., 607 F.2d 1153, 1155 (5th Cir.1979). In a discharge case, the plaintiff must prove a prima facie case of discrimination by showing (1) that she is a member of a protected group; (2) that she was qualified for the job she held; (3) that she was discharged; and (4) that after her discharge, her employer filled the position with a person who is not a member of the protected group. Id.; see Burdine, 450 U.S. at 254 n. 6, 101 S.Ct. at 1094 n. 6; McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. at 1824.

If the plaintiff establishes a prima facie case, a rebuttable presumption arises that the employer unlawfully discriminated against the plaintiff. The burden of production then shifts to the employer, who must articulate a legitimate, nondiscriminatory reason for the discharge. Burdine, 450 U.S. at 253, 101 S.Ct. at 1093; McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. at *255 1824; Adams v. Reed, 567 F.2d 1283, 1285 (5th Cir.1978).

If the employer satisfies this burden of production, the presumption of discrimination disappears. McDaniel v. Temple Indep. School Dist., 770 F.2d 1340, 1346 (5th Cir.1985). Then the plaintiff must prove by a preponderance of the evidence that the reason articulated by the employer was merely a pretext and not the true reason for the discharge. Id. The plaintiff can satisfy this burden either by persuading the court that the employer probably discharged the plaintiff for a discriminatory reason or by showing that the employer’s proffered reason is unworthy of credence. Id.

“Because a finding of intentional discrimination is a finding of fact, the standard governing appellate review of a district court’s finding of discrimination is that set forth in Federal Rule of Civil Procedure 52(a): ‘Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses.’ ’’ Anderson v. City of Bessemer City, N.C.,

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913 F.2d 253, 1990 U.S. App. LEXIS 17361, 54 Empl. Prac. Dec. (CCH) 40,281, 54 Fair Empl. Prac. Cas. (BNA) 1099, 1990 WL 133433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/madeline-norris-plaintiff-appellee-v-hartmarx-specialty-stores-inc-ca5-1990.