Martinez v. Yellow Freight System, Inc.

826 P.2d 962, 113 N.M. 366
CourtNew Mexico Supreme Court
DecidedFebruary 10, 1992
Docket19472
StatusPublished
Cited by15 cases

This text of 826 P.2d 962 (Martinez v. Yellow Freight System, Inc.) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martinez v. Yellow Freight System, Inc., 826 P.2d 962, 113 N.M. 366 (N.M. 1992).

Opinion

OPINION

BACA, Justice.

Plaintiff-appellant Robert Martinez appeals the judgment of the trial court in favor of defendant-appellee Yellow Freight System, Inc. (Yellow Freight). We affirm.

I. FACTS

On October 3, 1986, appellant was hired by Yellow Freight as a truck driver. Appellant was a probationary employee under the terms of the collective bargaining agreement between Yellow Freight and the union. Under Article 41 of this agreement, a probationary employee is given a thirty day trial employment without any claim to permanent employment. 1 During this thirty day period, a probationary employee may be terminated for any legal reason, without recourse.

At the time of his hiring, appellant was informed that he was required to have a physical examination during his probationary period. He was also informed that a satisfactory physical examination was an occupational qualification of permanent employment with Yellow Freight. In addition, appellant was required to pass written and driving tests to demonstrate his qualifications as a truck driver.

During the probationary period, appellant made approximately twenty-two trips for Yellow Freight. After he returned from his last trip on October 29, appellant was asked to report to Dr. Saltz for an employment physical examination. As a part of this examination, Saltz took a series of x-rays of appellant’s back. On the same day, Saltz reported to Yellow Freight that these x-rays indicated that appellant had a back abnormality that would preclude his employment as a truck driver. On October 30, appellant was discharged by Yellow Freight. The only reason given for the termination was that it was pursuant to Article 41 of the collective bargaining agreement.

Shortly thereafter, appellant was examined by Dr. Goodwin, who found that appellant did not have a back abnormality. In an attempt to persuade Yellow Freight to overrule its termination decision, appellant tried to bring this information to the attention of Yellow Freight’s terminal manager, Mr. Yeaman. When Yeaman refused to consider this information and reinstate him, appellant filed a complaint with the New Mexico Human Rights Commission. This complaint alleged that Yellow Freight terminated appellant in violation of the New Mexico Human Rights Act. See NMSA 1978, Sections 28-1-1 to -14 (Repl.Pamp.1991). 2 The Human Rights Commission found that appellant’s dismissal did not violate the New Mexico Human Rights Act.

Appellant appealed the Human Rights Commission’s decision to the district court and the case was tried to the court without a jury. At trial, appellant’s theory was that he was terminated, at least in part, because Yellow Freight perceived that he was handicapped. The trial court concluded that appellant was not terminated because of an actual or perceived handicap and that Yellow Freight did not engage in any discriminatory practice in its hiring and termination of appellant. This appeal followed.

II. DISCUSSION

Appellant contends that the trial court erred because it failed to apply the test as set out in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), to the facts of this case. Appellant also contends that the trial court erred when it found that Yellow Freight had not terminated him, at least in part, because of a perceived handicap and when it found that Yellow Freight had articulated a legitimate, nondiscriminatory reason for appellant’s termination. Appellant urges us to reverse the court below and remand this action for a determination of damages.

A. Did the trial court err in failing to apply the McDonnell Douglas framework to the instant case?

In Smith v. FDC Corp., 109 N.M. 514, 787 P.2d 433 (1990), we used the evidentiary methodology developed in McDonnell Douglas, 411 U.S. at 802-05, 93 S.Ct. at 1824-26, to provide guidance in interpreting the New Mexico Human Rights Act. 3 Under the framework adopted in Smith, the plaintiff in an employment discrimination case must establish a prima facie case of discrimination. Smith, 109 N.M. at 518, 787 P.2d at 437. The plaintiff meets this burden if he or she shows (1) that he or she is a member of a protected class; 4 (2) that he or she was qualified to continue employment; (3) that his or her employment was terminated; and (4) that his or her position was filled by someone not in the protected class. Smith, 109 N.M. at 518, 787 P.2d at 437. If the plaintiff is successful in establishing a prima facie case of discrimination, the burden “ ‘shifts to the employer to articulate some legitimate, nondiscriminatory reason’ ” for the employment decision. Id. at 517 n. 1, 787 P.2d at 436 n. 1 (quoting McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. at 1824). If the defendant articulates a nondiscriminatory reason for the termination, the plaintiff has the opportunity to show that the articulated reason was merely a pretext for a discriminatory action. Id. The burden of showing that the employer’s actions were a pretext merges with the plaintiff’s ultimate burden of proving a discriminatory employment practice. Id. (citing Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 256, 101 S.Ct. 1089, 1095, 67 L.Ed.2d 207 (1981)).

Our opinion in Smith rejected the idea that the McDonnell Douglas framework was the only method of proving employment discrimination. As we stated in Smith,

[t]his framework, however, is not a required method of proof; it is only a tool to focus the issues and to reach the ultimate issue of whether the employer’s actions were motivated by impermissible discrimination.
* * * A prima facie case may also be made out through other means; not all factual situations will fit into any one type of analysis, although unlawful discrimination may nevertheless be present * * *. [T]he entire McDonnell Douglas framework may be bypassed through a showing of intentional discrimination; the purpose of the test is to allow discriminated-against plaintiffs, in the absence of direct proof of discrimination, to demonstrate an employer’s discriminatory motives * * *. [I]f a plaintiff * * * can show through direct evidence that he was discriminated against because of an impermissible categorization, that is all that is required for him to prevail.

109 N.M. at 518, 787 P.2d at 437 (citations omitted). Thus, in Smith we approved of at least two possible methods of proving employment discrimination — direct proof of a discriminatory motive or indirect proof of a discriminatory motive under the McDonnell Douglas framework. 5 In the instant case, the trial court did not explicitly apply the McDonnell Douglas framework as adopted in Smith.

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826 P.2d 962, 113 N.M. 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-yellow-freight-system-inc-nm-1992.