Phillips v. Leggett & Platt, Inc.

658 F.3d 452, 2011 U.S. App. LEXIS 19394, 94 Empl. Prac. Dec. (CCH) 44,297, 113 Fair Empl. Prac. Cas. (BNA) 490, 2011 WL 4375674
CourtCourt of Appeals for the Fifth Circuit
DecidedSeptember 21, 2011
Docket10-60585
StatusPublished
Cited by51 cases

This text of 658 F.3d 452 (Phillips v. Leggett & Platt, Inc.) 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.

Bluebook
Phillips v. Leggett & Platt, Inc., 658 F.3d 452, 2011 U.S. App. LEXIS 19394, 94 Empl. Prac. Dec. (CCH) 44,297, 113 Fair Empl. Prac. Cas. (BNA) 490, 2011 WL 4375674 (5th Cir. 2011).

Opinions

LESLIE H. SOUTHWICK, Circuit Judge:

This is an age discrimination suit. Following a jury trial which resulted in a verdict for the employee, the employer timely moved for judgment as a matter of law. The district court denied that motion. We REVERSE as we conclude that the claim was time-barred.

FACTUAL AND PROCEDURAL BACKGROUND

In June 2007, Leggett & Platt, Inc. (“Leggett”) informed its employees that it was consolidating the operations of two of its Mississippi facilities by closing the one in Verona and leaving open the Houlka plant. Jean Phillips, employed by Leggett for 24 years, was the accounts-payable [454]*454clerk at the Verona plant. Later that month, Leggett informed Phillips that there were no positions available for her at the Houlka facility. She would be laid off once the Verona facility closed with her last day of employment being July 30, 2007. There was evidence that Phillips was the only Verona employee willing to work in the Houlka facility who was unable to do so.

Phillips was 66 years old when she received her termination notice. She suspected that she was denied the accounts-payable clerk position at the Houlka facility because of her age. Kathy Gamble, the employee transferred to the Houlka facility to do that work, was younger and less experienced than Phillips. ■

Four business days after the end of her employment, Leggett recalled Phillips to work in Houlka. She was told she was needed to assist with the consolidation. Phillips was informed this new job was temporary but without a stated end-date. Phillips’ job at the Houlka facility included work similar to what she had done in Verona. Although Phillips knew the work was temporary, she hoped that if she performed well, permanent employment would result. After approximately five months, though, she was informed of her termination. Her employment was officially terminated on January 2, 2008.

At about the same time, the person who had replaced Phillips as accounts-payable clerk, Kathy Gamble, left Leggett. Hired next was Amy Watkins, a 35-year-old former Leggett employee who had worked on accounts payable at the Houlka facility. She had been laid off from Houlka when Gamble took those duties as part of the consolidation. Once Gamble left, Watkins was hired permanently to fill the accounts-payable position in the Houlka facility. Phillips did not apply for Gamble’s position when it became available, contending she “had no way of knowing there was an opening.”

On March 5, 2008, 63 days after her termination from the Houlka facility, Phillips filed an age-discrimination claim with the Equal Employment Opportunity Commission (“EEOC”). She received a right-to-sue letter from the EEOC on September 18, 2008, then filed this action in the United States District Court for the Northern District of Mississippi on December 16, 2008.

Although her initial complaint stated a single claim of unlawful discriminatory termination, her complaint was later understood by the parties also to include a claim for failure to rehire for the position that went to Amy Watkins. The jury found Leggett liable for discriminatory termination. The district court dismissed the claim of failure to rehire. Phillips did not appeal the dismissal of that claim.

Following the jury’s verdict, Leggett timely renewed its motion for judgment as a matter of law. See Fed.R.Civ.P. 50(b). Among its contentions was that Phillips’ discriminatory-termination claim was time-barred. The district court held that the claim was not barred because the final termination was not until January 2, 2008, less than 180 days from when Phillips filed her EEOC charge. The district court determined that Phillips was recalled to “basically the same position” and was obligated to accept the recall. The court also found that Phillips effectively was transferred from the Verona facility to the Houlka facility, and a “transfer” must be “objectively worse” than the original position to constitute an adverse employment action.

The district court held that Phillips did not experience an adverse employment action until she was finally terminated from the Houlka facility on January 2, 2008. In [455]*455the alternative, the district court found that the 180-day limitations period should be equitably tolled because Leggett’s actions “induced” Phillips not to file suit until after the limitations period had expired.

DISCUSSION

Leggett contends that Phillips’ “sole cause of action” is her layoff from the Verona facility, and the temporary employment in the Houlka facility did not toll the running of the limitations period for timely filing her claim. Phillips’ argument is that the 180-day limitations period did not begin until her Houlka facility termination. Alternatively, she argues that the limitations period should be equitably tolled.

I. Calculation of Limitations Period

Because this issue arises from a defendant’s Rule 50 motion for judgment as a matter of law, our review is de novo, “applying the same standard that the district court used.” Julian v. City of Houston, 314 F.3d 721, 725 (5th Cir.2002). “A motion for judgment as a matter of law ... in an action tried by jury is a challenge to the legal sufficiency of the evidence.” Wyvill v. United Cos. Life Ins. Co., 212 F.3d 296, 301 (5th Cir.2000) (alteration in original) (quotation marks and citations omitted). We “must review all of the evidence in the record, draw all reasonable inferences in favor of the nonmoving party, and may not make credibility determinations or weigh the evidence.” Ellis v. Weasler Eng’g Inc., 258 F.3d 326, 337 (5th Cir.2001).

Under the Age Discrimination in Employment Act (ADEA), an employer may not “discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age.” 29 U.S.C. § 623(a)(1). To prove a prima facie case of age discrimination- under the ADEA, a plaintiff must show she was discharged; qualified for the position; within the protected age group at the time of the discharge; and either replaced by someone younger, replaced by someone outside the protected class, or otherwise discharged because of her age. Rachid v. Jack In The Box, Inc., 376 F.3d 305, 309 (5th Cir.2004).

A plaintiff is required to file a charge with the EEOC “within 180 days after the alleged unlawful practice occurred.” 29 U.S.C. § 626(d)(1)(A). Generally, the limitations period begins on the date of the alleged unlawful employment action; once the plaintiff has knowledge sufficient to support the ADEA claim, the 180-day limitations period begins. Barrow v. New Orleans S.S. Ass’n, 932 F.2d 473, 477-78 (5th Cir.1991).

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658 F.3d 452, 2011 U.S. App. LEXIS 19394, 94 Empl. Prac. Dec. (CCH) 44,297, 113 Fair Empl. Prac. Cas. (BNA) 490, 2011 WL 4375674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-leggett-platt-inc-ca5-2011.