Sennello v. Reserve Life Insurance

872 F.2d 393, 1989 U.S. App. LEXIS 14515, 50 Empl. Prac. Dec. (CCH) 38,977, 49 Fair Empl. Prac. Cas. (BNA) 1159
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 9, 1989
DocketNo. 87-5860
StatusPublished
Cited by1 cases

This text of 872 F.2d 393 (Sennello v. Reserve Life Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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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Sennello v. Reserve Life Insurance, 872 F.2d 393, 1989 U.S. App. LEXIS 14515, 50 Empl. Prac. Dec. (CCH) 38,977, 49 Fair Empl. Prac. Cas. (BNA) 1159 (11th Cir. 1989).

Opinion

MARKEY, Chief Circuit Judge:

Appeal from a judgment of the United States District Court for the Southern District of Florida (Marcus, J.), 667 F.Supp. 1498 (S.D.Fla.1987), awarding Gendra Sen-nello (Sennello) $103,403.45 in back pay and ordering that Reserve Life Insurance Co. (Reserve) reinstate Sennello in a managerial position. We affirm.

[394]*394I. BACKGROUND

Presuming knowledge of the district court’s reported opinion, we describe here only the basic procedural facts and those particularly relevant to Reserve’s argument on appeal.

The District Court’s Decision

On September 3, 1987, the district court entered final judgment, ordering, inter alia, that Sennello recover from Reserve $103,403.45 of back pay (see 42 U.S.C. § 2000e-5(g)) and be reinstated to a managerial position. Judge Marcus accompanied his judgment with 59 pages of findings of fact and conclusions of law.

Judge Marcus first discussed Reserve’s liability under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq., and then carefully calculated the relief due Sennello. Finding that Sennello had presented direct evidence of discriminatory motive, the court placed the burden on Reserve to show that Sennello would have been demoted and terminated even in the absence of discriminatory animus. 667 F.Supp. at 1509, 1510; See Hill v. Seaboard Coast Line Railroad Co., 767 F.2d 771, 775 (11th Cir.1985).

The district court also concluded “that if it were to apply the McDonnell Douglas analysis1 to the present case, [Sennello] would also be found to have established her claim of discrimination by a preponderance of the evidence....” 667 F.Supp. at 1511 n. 1.

The primary facts found to constitute direct evidence were discussed by the district court in findings 18 and 20, 667 F.Supp. at 1502-04, and were succinctly recounted in its conclusions of law:

According to the testimony of Ms. Sen-nello’s immediate supervisor, William Leahan, which we do credit, William Ebert, who as Florida Regional Manager held the power to hire and fire district managers such as [Sennello], made a number of highly discriminatory comments about women in management in the weeks and months preceding the demotion and subsequent firing of Ms. Sen-nello. We note in particular his remark, made in 1979, that “we can’t have women in management because women are like Jews and Niggers; they hire like themselves, and the trouble with that is that when they leave they take them with them.” The relevance of this remark to Reserve Life’s employment practices is highlighted by the fact that it was made in the course of a discussion with [Sen-nello’s] immediate superior, Mr. Leahan, about ways to increase production and manpower in each of the thirteen district offices under Leahan’s supervision. Within this same context, Mr. Ebert criticized [Sennello’s] performance as a district manager on the ground that she had hired too many women. Mr. Ebert’s displeasure with Ms. Sennello’s hiring practices was communicated to Ms. Sennello by Mr. Leahan, who told her that the Regional Managemer was unhappy with the “gender makeup” of her offices. Later that same year, in November 1979, Mr. Leahan was ordered by Mr. Ebert to fire Ms. Sennello. Meeting with Ms. Sen-nello pursuant to this order, Mr. Leahan urged her to resign her position immediately, explaining that her removal had been called for because of her failure to hire enough men in her offices.

Id. at 1508-09 (emphasis in original).

Reserve’s Arguments

Reserve argues that the district court: wrongly “characterized circumstantial evidence as direct evidence and thereby improperly placed the burden on Reserve Life to prove non-discrimination”; was clearly erroneous in finding that Reserve’s demotion and termination of Sennello were the result of intentional gender-based discrimination; and abused its discretion in awarding and computing back pay.

Reserve also says the district court wrongly applied the McDonnell Douglas test because it “failed, under Rule 52(a) [395]*395Federal Rules of Civil Procedure, to make findings of fact sufficient to allow review,” supporting that argument with an assertion that the test was applied only in a footnote to the court’s conclusion of law. That argument is patently disingenuous. Even a cursory reading of the district court’s findings makes clear that the court fully analyzed Reserve’s attempted “business justification” and found it to be wholly incredible. In short, the court established an exemplary record of findings of fact from which this court, had it been necessary, could have reviewed the district court’s alternate conclusion.

II. ISSUES

1. Whether the District Court correctly placed the burden on Reserve to prove that the same employment decision would have been reached absent discriminatory intent.

2. Whether the findings that Sennello’s demotion and termination were based upon intentional gender-based discrimination are clearly erroneous.

3. Whether the District Court abused its discretion in awarding and computing the back pay due Sennello.

III. OPINION

1. Direct Evidence

We agree with Judge Marcus that Ebert’s statements to Leahan, quoted supra, tended to prove directly that Reserve acted with discriminatory motivation in an employment decision.2 See Miles v. M.N.C. Corp., 750 F.2d 867, 873-875 (11th Cir.1985); Bell v. Birmingham Linen Service, 715 F.2d 1552, 1557 (11th Cir.1983), cert. denied, 467 U.S. 1204, 104 S.Ct. 2385, 81 L.Ed.2d 344 (1984). With Ebert’s statements in the record, along with the facts surrounding her demotion and termination, no further inference would be required to conclude that Reserve discriminated against Sennello. See Lee v. Russell County Bd. of Education, 684 F.2d 769, 774 (11th Cir.1982).

Reserve’s attempt to analogize Ebert’s slurs to the statements determined to be indirect evidence in Rollins v. TechSouth, Inc., 833 F.2d 1525 (11th Cir.1987) is unavailing. Unlike the situation in Rollins, Ebert’s statements were clearly made in an employment context, and no plausible argument can be made here that his comparison of women in management to “Jews and Niggers” is facially neutral. Compare also, Young v. General Foods Corp., 840 F.2d 825, 829 (11th Cir.1988), cert. denied, — U.S. -, 109 S.Ct. 782, 102 L.Ed.2d 774 (1989). Ebert’s statements are far more analogous to the statements determined to be direct evidence in Miles, 750 F.2d at 873-74, 876 and

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872 F.2d 393, 1989 U.S. App. LEXIS 14515, 50 Empl. Prac. Dec. (CCH) 38,977, 49 Fair Empl. Prac. Cas. (BNA) 1159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sennello-v-reserve-life-insurance-ca11-1989.