Meyer v. California & Hawaiian Sugar Co.

662 F.2d 637, 27 Fair Empl. Prac. Cas. (BNA) 1175, 32 Fed. R. Serv. 2d 1429, 1981 U.S. App. LEXIS 15663, 27 Empl. Prac. Dec. (CCH) 32,285
CourtCourt of Appeals for the Ninth Circuit
DecidedNovember 30, 1981
DocketNo. 79-4536
StatusPublished
Cited by7 cases

This text of 662 F.2d 637 (Meyer v. California & Hawaiian Sugar Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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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Meyer v. California & Hawaiian Sugar Co., 662 F.2d 637, 27 Fair Empl. Prac. Cas. (BNA) 1175, 32 Fed. R. Serv. 2d 1429, 1981 U.S. App. LEXIS 15663, 27 Empl. Prac. Dec. (CCH) 32,285 (9th Cir. 1981).

Opinion

POOLE, Circuit Judge:

Plaintiffs Louise and David Meyer appeal the summary judgment entered by the United States District Court for the Northern District of California in favor of defendant C&H Sugar Co. For reasons stated below, we affirm that judgment.

FACTS

As of November 1977, Louise Meyer, a 57 year old woman, held the position of Administrative Assistant in the Personnel Department of California and Hawaiian Sugar Company (“C&H”). Meyer had worked for C&H for over 18 years. At the time of her discharge, she had significant responsibility for the administration of C&H’s affirmative action program. During the summer of 1977, C&H had begun formulating a plan for posting job openings in its San Francisco office to improve promotion opportunities for all employees, including minorities. Meyer’s supervisor, defendant Donald Hanson, asked for her thoughts on this matter.

About November 8, 1977, Meyer began to prepare a memorandum on this subject. After preparing and discarding several drafts, she placed a final version on Hanson’s desk. She claims that the only copy of the final version was destroyed approximately one week later, and that Hanson did not criticize any of its contents when he read it on or about November 9.

The first version of the memorandum which she had discarded provided in part:

I worry quite a bit about some of our minorities — specifia the Philippines — asd lord-k-nows these the Pakistanis-and-Indi better to remain inexplicit about which ones but those who come from a poor very corrupt states countries. You’ll probably aware that a college xxxxx xxxxx diploma is ‘proof’ to Immigration authorities that these people can earn a xxxx living here and, in fact, insures the treasured ‘green card’. I would suspect that some of these can be bought and, in any event what is a B.S. in animal husbandry from upper Mongolia Tasmania worth xx on the job. I worry — because it’s happened — that we are opening the door for to demands that those college degrees-make it proper all sorts of professional jobs be given to these employees, some of whom are been e weak and had to be carried whi as less than marginal employees they while they picked up rudiments of business language and customs. This could be hard on our nonmi-nority employees who also have been [639]*639waiting in line for promotion and whose interests we should xxx respect too.1

Erlinda Felina, a minority employee, found two draft memoranda (the second is virtually identical to the first), either in Meyer’s wastebasket or in the women’s washroom. After discussing the contents of the memorandum, Felina and other minority employees called on defendant Nagle, President of C&H, to express their displeasure and concern. A series of top level C&H management meetings ensued.

After discussions with defendants Hare, Cavallina, and other members of C&H management, Nagle called Meyer to his office on November 15, 1977. She confirmed that she had written the memorandum and, according to Nagle’s understanding, that the attitudes expressed were hers. Nagle then asked for her resignation.

Although Meyer complied readily with Nagle’s request, she later felt dissatisfied with the treatment C&H had accorded her. She and her husband then brought this action charging age and sex discrimination, violation of the equal pay provisions of the Fair Labor Standards Act, retaliation, violation of Section 1985, invasion of privacy, infliction of emotional distress, wrongful discharge, intentional interference with advantageous relations, and loss of consortium. After completion of discovery, the district court granted summary judgment for C&H on all claims.

I. The Age and Sex Discrimination Claims.

To overcome defendants’ motion for summary judgment, plaintiffs must offer facts sufficient to establish a prima facie case. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973); Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 1093, 67 L.Ed.2d 207 (1981). The burden of establishing a prima facie case is not onerous, Burdine, supra, at 1094; and the elements essential to it should riot be reduced to rigidly applied formulae. McDonnell Douglas, supra, 411 U.S. at 802, n.13, 93 S.Ct. at 1824 n.13. The plaintiff is required only to eliminate the most common reasons for her rejection, or, as in this case, discharge. Burdine, supra.

It was undisputed that Meyer was in a class protected against employment discrimination, and that she was discharged despite the fact that she had performed her tasks in a manner satisfactory to C&H for more than 18 years prior to the incident that precipitated her discharge. Moreover, it does not appear that Meyer was discharged because C&H contemplated eliminating her duties from its payroll. We hold that, having established these facts, Meyer had satisfied her initial burden and raised a rebuttable presumption that C&H unlawfully discriminated against her.

It was therefore incumbent upon C&H to rebut that presumption by producing evidence that Meyer was discharged for a legitimate, nondiscriminatory reason. Id. On this record, such a reason is immediately apparent: C&H obviously concluded that Meyer’s conduct had rendered useless her further services as an assistant in C&H’s Personnel Department. In fact, C&H was genuinely concerned that Meyer’s memos would expose it to action by the EEOC unless it took action appropriate to indicate that Meyer’s sentiments were not shared by the Company. C&H thus tendered a sufficient nondiscriminatory basis for its action.

Since C&H met its burden of production, Meyer’s opportunity lay in proving, if she could, that her memos and the reaction to them were not the true reason for her discharge. Id. at 1095. Here lies the heart of Meyer’s case. Citing a number of incidents in which male employees made racist remarks which evoked little or no discipline from management, Meyer argues that she was disciplined more severely for comparable conduct because of her gender.

The first of these incidents involved Dennis Horgan, now Credit manager, who once is said to have shouted of his secretary that she “thinks like a God damn Japanese.” [640]*640Horgan, Meyer claims, was never punished. Eugene Doyle refused to hire a Chinese woman, stating that, “Chinese can’t learn anything.” Robert Del Ponte, head of the Data Processing Department, refused to accept a black employee, stating that “when there was more than one black they indulged in a great deal of what he called black humor that the other members of the department didn’t understand.” And Mr. Marshall, past president of C&H, refused to hire a minority chauffeur because he thought his wife would be afraid of him. None of these men, according to plaintiffs, received more than a mild reprimand.

Deplorable though they be, these allegations do not raise a triable issue of fact as to whether C&H’s proffered reason for Meyer’s discharge was mere pretext. As the district court stated:

Meyer was not discharged for making derogatory comments about minorities.

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662 F.2d 637, 27 Fair Empl. Prac. Cas. (BNA) 1175, 32 Fed. R. Serv. 2d 1429, 1981 U.S. App. LEXIS 15663, 27 Empl. Prac. Dec. (CCH) 32,285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyer-v-california-hawaiian-sugar-co-ca9-1981.