Sylvester v. Callon Energy Services, Inc.

724 F.2d 1210, 34 Fair Empl. Prac. Cas. (BNA) 89, 1984 U.S. App. LEXIS 25500, 33 Empl. Prac. Dec. (CCH) 34,145
CourtCourt of Appeals for the Fifth Circuit
DecidedFebruary 13, 1984
DocketNo. 83-4353
StatusPublished
Cited by9 cases

This text of 724 F.2d 1210 (Sylvester v. Callon Energy Services, 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
Sylvester v. Callon Energy Services, Inc., 724 F.2d 1210, 34 Fair Empl. Prac. Cas. (BNA) 89, 1984 U.S. App. LEXIS 25500, 33 Empl. Prac. Dec. (CCH) 34,145 (5th Cir. 1984).

Opinion

JOHNSON, Circuit Judge:

Jessie Sylvester, a black male, filed a Title VII discrimination suit in federal district court, alleging that he was discharged from his job because of his racial status. The parties consented to a trial before a United States Magistrate. At the close of all evidence, the magistrate found that Sylvester had carried his initial burden of proving prima facie racial discrimination, but that the defendant employer had successfully rebutted the allegation that the discharge had been racially motivated. The magistrate entered judgment for the employer and Sylvester appealed. Finding the magistrate’s fact-findings to lack the specificity required to enable our meaningful appellate review, we vacate the judgment and remand the action for additional findings of fact.

I. BACKGROUND FACTS:

In November 1980 Callón Energy Services, Inc.1 hired Jessie Sylvester to work as a “floor hand” in the servicing of oil wells. At the time, Sylvester was the small firm’s only black employee. Sylvester was an experienced floor hand, and for the first three weeks of his employment his work performance was considered to be above average. Thereafter, however, Sylvester’s performance began to decline. In the words of Sylvester’s supervisor:

On up there for a while then he just got to where he was kind of slowing down and, I don’t know, just coming to work, you know, he would get to work and he didn’t act like he was too enthused about working. * * * And then he just got to where, you know, average or below, below average.

R.3, 152-53.

On the morning of November 28 — the day after Thanksgiving — Sylvester failed to show up for work. Later in the day Sylves[1212]*1212ter called in to the office to explain his absence; he followed up the call with a personal visit to the company president. The company president noticed that Sylvester appeared to have been drinking. Sylvester explained that he had been up all night drinking following a domestic quarrel, during which his wife had struck him on the head with a brick. Although company policy provided that an employee’s absence without prior approval was grounds for immediate dismissal, the company president gave Sylvester a second chance. Sylvester returned to his active duties as a floor hand.

As a member of a “workover rig” crew, Sylvester was required to travel to well sites wherever the firm’s services were needed. On two occasions during Sylvester’s employment, the crew was required to stay overnight in a distant town. The firm practice was to pay for only two double rooms for the four-man crew. On the first overnight trip, Sylvester shared a room with his Caucasian friend Julius Rogers. Rogers later explained that crewmember Bruce Spence had threatened to quit if forced to share a room with a black man. (R.3, 94). Rogers further noted that rig operator and supervisor Danny Martin made sure that Rogers would share Sylvester’s room:

Well, before we ever left the yard Danny more or less got it straight that I was going to sleep in the room with Jessie, that he wasn’t sleeping with no nigger. That’s the exact words that were put to me before we ever left town.

R.3, 92.

Sleeping arrangements once again became a problem on Sylvester’s second and final overnight trip. This time, however, Rogers was not a member of the crew. A dispute arose among the white crewmem-bers as to who would be required to share a room with a black man. After two crew-members refused, supervising crewmember Danny Martin agreed to share the room with Sylvester. The next day the men completed their job and returned home. When Sylvester reported to work the next morning, January 16,1981, Martin informed him that he was fired.2 Martin hired a white male to take Sylvester’s place.

Convinced that he had been discharged solely because of his race, Sylvester filed a complaint with the EEOC. The Commission declined to bring suit, and Sylvester commenced this action in federal district court, alleging violations of § 706 of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5 (1976), and the Civil Rights Act of 1866, 42 U.S.C. § 1981 (1976). Pursuant to 28 U.S.C. § 636(c) (Supp.1982), the parties agreed to try the case before a United States Magistrate.

The trial evidence conflicted sharply. In addition to testimony concerning the work-over crew’s out-of-town sleeping arrangements, Sylvester adduced evidence of four instances of disparate treatment: first, that he was continually called names such as “Jabbo,” “dog,” and “bozo,” and that the word “nigger” was used in his presence in reference to others; second, that on one occasion he did not receive a free box of work gloves, as did white employees; third, that he was not allowed to sleep in the crew truck while en route to a job, as were white crewmembers; and fourth, that a white employee of the same job title received an hourly wage greater than his own.

Callón Energy Services did not refute Sylvester’s evidence establishing that the company’s employees had refused on racial grounds to share a room with him. The company did adduce controverting evidence on each of Sylvester’s additional charges of disparate treatment, moreover offering three reasons for the discharge: excessive absenteeism, inadequate job performance, and drinking on the job. The magistrate entered judgment in favor of the employer, and Sylvester appealed.

II. DISCUSSION:

In a disparate treatment case involving a claim of discriminatory discharge, [1213]*1213the plaintiff must first establish a prima facie case of intentional discrimination. The employer must then rebut the presumption of discrimination by producing evidence of a legitimate reason for the plaintiff’s discharge. Consistent with the plaintiff’s unshifting burden of persuasion, the plaintiff bears the responsibility of proving that the employer’s proffered reason is a mere pretext for invidious discrimination. Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 1094-95, 67 L.Ed.2d 207 (1981); Redditt v. Mississippi Extended Care Centers, Inc., 718 F.2d 1381, 1385 (5th Cir.1983). A fact-finding on the issue of the employer’s discriminatory intent is subject to the “clearly erroneous” standard of review. Pullman-Standard v. Swint, 456 U.S. 273, 102 S.Ct. 1781, 72 L.Ed.2d 66 (1982).

In the instant case, the magistrate’s bench opinion concluded:

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724 F.2d 1210, 34 Fair Empl. Prac. Cas. (BNA) 89, 1984 U.S. App. LEXIS 25500, 33 Empl. Prac. Dec. (CCH) 34,145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sylvester-v-callon-energy-services-inc-ca5-1984.