Mary Ann DAVIS, Appellant, v. LAMBERT OF ARKANSAS, INC., Appellee

781 F.2d 658
CourtCourt of Appeals for the Eighth Circuit
DecidedMarch 14, 1986
Docket85-1148
StatusPublished
Cited by8 cases

This text of 781 F.2d 658 (Mary Ann DAVIS, Appellant, v. LAMBERT OF ARKANSAS, INC., Appellee) 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
Mary Ann DAVIS, Appellant, v. LAMBERT OF ARKANSAS, INC., Appellee, 781 F.2d 658 (8th Cir. 1986).

Opinions

ROSS, Circuit Judge.

Mary Ann Davis (Davis) appeals from a final judgment entered in the United States District Court for the Eastern District of Arkansas1 in favor of Lambert of Arkansas, Inc. (Lambert) in an action alleging violations of Title VII, 42 U.S.C. § 2000e-2(a) and § 2000e-3(a), and 42 U.S.C. § 1981 (1982). For reversal Davis argues that the district court’s ultimate findings of fact are clearly erroneous. For the reasons discussed below, we affirm.

I. FACTS

Davis, a black female, began working for Lambert in November 1978. She was employed as a stapler in Lambert’s picture frame department. In October 1981 Davis was laid off, along with many other employees due to a severe drop in business.2 In all, eleven staplers were laid off; eight blacks and three whites. All of the eleven staplers were recalled on November 9, 1981, except Davis. The three whites who were recalled had less seniority than Davis. Davis received a permanent layoff notice in January 1982.

There existed a collective bargaining agreement between Lambert and Davis’ union. The contract was interpreted to require Lambert to recall the most senior worker as between equally qualified workers, but to permit Lambert to recall a junior worker who was superior in qualifications and more skillful, efficient and productive. Davis does not challenge this interpretation of the collective bargaining agreement.

In March 1982 Davis filed an EEOC charge alleging that she was not recalled because of her race and subsequently filed this lawsuit under Title VII and 42 U.S.C. § 1981. During the pendency of the lawsuit, Davis was tested at the Employment Security Office, scored well on a test, and was sent to Lambert to apply for a job in May 1984. Lambert told Davis that her case against them was set for trial in June 1984 and that she should come back after it was over. Davis amended her complaint to add a claim of retaliation for Lambert’s failure to hire her in May 1984.

All of Davis’ claims were tried to the district court in December 1984. Following the presentation of evidence the district court stated its findings of fact and conclusions of law from the bench. The district court found in favor of Lambert on all claims and dismissed Davis’ complaint. Davis now appeals. The case was submitted on briefs without oral argument.

[660]*660II. DISCUSSION

A. FAILURE TO RECALL

Davis claims that Lambert did not recall her following the layoff in October 1981 because of her race. In order to prevail on her claims of discrimination under Title VII or 42 U.S.C. § 19813 Davis bears the ultimate burden of persuading the trier of fact that Lambert intentionally discriminated against her. United States Postal Service Board of Governors v. Aikens, 460 U.S. 711, 715, 103 S.Ct. 1478, 1482, 75 L.Ed.2d 403 (1983). A discrimination claim which relies on a disparate treatment theory has three phases: first, the plaintiff must establish by a preponderance of the evidence a prima facie case of discrimination; second, if the plaintiff meets her initial burden of proof, then the burden shifts to the defendant to show a legitimate, nondiscriminatory basis for the disparate treatment; and third, should the defendant carry this burden, then the plaintiff has the opportunity to prove by a preponderance of the evidence that the legitimate reasons offered were a pretext to cover a discriminatory motive. See Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 252-53, 101 S.Ct. 1089, 1093, 67 L.Ed.2d 207 (1981); McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04, 93 S.Ct. 1817, 1824-25, 36 L.Ed.2d 668 (1973); Tate v. Weyerhaeuser Co., 723 F.2d 598, 602-03 (8th Cir.1983), cert. denied, - U.S. -, 105 S.Ct. 160, 83 L.Ed.2d 97 (1984).

In the present case regarding the failure to recall claim, after Davis made out a McDonnell Douglas prima facie case of racial discrimination, Lambert offered evidence that the white employees recalled to work out-produced Davis and that under the terms of the bargaining agreement, it could rehire less senior workers if they were better qualified. There is evidence in the record that Davis’ performance declined in the months preceding 1981 and that the company attempted to work with her to improve her production, but that there was no improvement. Davis claims that she showed Lambert’s articulated reason to be pretextual by showing that staplers worked on a line in groups placing completed frames in a common container and thus there was no way anyone could determine how many frames each stapler completed.

The district court found that Lambert’s decision to not recall Davis and to permanently lay her off had “nothing to do with race.” The court credited the testimony of Lambert’s decisionmakers as honestly believing that they could recall less senior people if they were better qualified and that Davis was not as skillful, productive or efficient as the other staplers. The district court expressly found that Lambert’s stated reasons were “its true reasons.”

In accordance with Rule 52(a) of the Federal Rules of Civil Procedure the findings of the district court may not be set aside unless those findings are clearly erroneous. If the district court’s account of the evidence is plausible in light of the record viewed in its entirety, the court of appeals may not reverse it even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently. Further when findings are based on determinations regarding the credibility of witnesses, Rule 52 demands even greater deference to the trial court's findings. See Anderson v. City of Bessemer City, - U.S. -, 105 S.Ct. 1504, 1511-12, 84 L.Ed.2d 518 (1985).

Having carefully read the record on appeal and the briefs, we conclude that the district court’s findings on this issue were not clearly erroneous. Giving due regard to the district court’s opportunity to judge the credibility of witnesses and to resolve conflicts of testimony, we cannot say that Davis’ evidence establishes intentional racial discrimination. There is ample evidence in the record to support the district court’s findings.

[661]*661B. RETALIATION

Davis also claims that the district court made clearly erroneous findings when it dismissed her claim alleging retaliation in violation of section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a).4

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781 F.2d 658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mary-ann-davis-appellant-v-lambert-of-arkansas-inc-appellee-ca8-1986.