Walton v. McDonnell Douglas Corp.

981 F. Supp. 1273, 1997 U.S. Dist. LEXIS 17426, 1997 WL 684898
CourtDistrict Court, E.D. Missouri
DecidedNovember 3, 1997
DocketNo. 4:96CV1437-DJS
StatusPublished
Cited by1 cases

This text of 981 F. Supp. 1273 (Walton v. McDonnell Douglas Corp.) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walton v. McDonnell Douglas Corp., 981 F. Supp. 1273, 1997 U.S. Dist. LEXIS 17426, 1997 WL 684898 (E.D. Mo. 1997).

Opinion

ORDER

STOHR, District Judge.

Plaintiff, who was 54 years of age when terminated from his employment with defendant, brings his first amended complaint against his employer1 alleging age discrimination in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621, et seq., (Count I) and the Missouri Human Rights Act (“MHRA”), R.S.Mo. § 213.010, et seq., (Count II). Defendant’s motion for summary judgment is pending before the Court.2

A. Undisputed Facts

Plaintiff began working for defendant McDonnell Douglas Corporation in 1962. Over the next thirty years, plaintiff held various positions with defendant. Beginning in 1987, plaintiff was employed as “Foreman-Inspection” (hereinafter “Inspection Foreman”). In 1995, plaintiff was employed as Inspection Foreman on the second shift in Department 815R in defendant’s Quality Assurance Division. As his title suggests, plaintiff was responsible for supervising inspectors in the Quality Assurance Division. The Quality Assurance Division oversees the inspection, maintenance and upkeep for various aspects of several of defendant’s programs including the AV-8, T-45, F-18, XP and the Paint Shop.

Within the Quality Assurance Division were separate specialized areas including Machine Parts, Assembly, Electrical, Composite, Ramp and Flight, and Shipping and Receiving. Because the job duties and skill requirements of inspection foremen for the various areas differed, an inspection foreman typically only supervised inspectors in one area. Normally, inspection foremen would rotate only to cover a shortage or absence.

Plaintiffs primary job duties in Department 815R were for the Flight Ramp area. The Flight Ramp area involves aircraft which are nearly or fully assembled. Plaintiff was responsible for supervision of fifteen inspectors on the F-15 Program, the XP and the Paint Shop. Plaintiff.supervised these inspectors only on the work they did in the Flight Ramp area.

From 1993 to the time of his layoff, plaintiff reported to his immediate supervisor— Don Rogers, Superintendent of Inspection. Rogers is seven years older than plaintiff. Rogers supervised inspection foremen who worked in the Flight Ramp area for the various programs in Quality Assurance. Rogers reported to Thomas Middleton, Manager-Quality Assurance.

Since 1990, decreased defense spending by the United States government and increased competition has forced defendant to consolidate various programs and reduce overhead costs in order for defendant to remain competitive. As a result, defendant has implemented several reductions in force (“RIFs”).

As a result of various layoffs, in March of 1993 the EEOC filed an action against defendant alleging a violation of the ADEA. As part of the resolution of that lawsuit, defen[1275]*1275dant and the EEOC entered into a Consent Decree. See EEOC v. McDonnell Douglas, 93CV526-CEJ, 1993 WL 468903 (Consent Decree filed March 1, 1993 and approved August 12, 1993). Among other things, the Consent Decree required defendant to analyze the impact of layoffs “on employees 55 years of age or older compared to those under age 55.” See Consent Decree, p. 18. The Consent Decree was in effect at the time plaintiff was selected for termination.

As a result of a Consent Decree, defendant implemented and now follows certain layoff procedures. Regardless of whether a layoff is planned, all comparable employees are graded on certain critical skills. The critical skills are determined by management based upon the underlying position and corresponding responsibilities. Each critical skill is assigned a maximum point value, with the maximum total being 75 points. The employees are then ranked on the basis of point totals, and, in the event of a layoff, defendant is able to determine and select the least-skilled employee based upon this process.

Plaintiffs skill group included a total of eight employees, all of whom were inspector foremen in Department 815R — foremen who worked on the Flight Ramp. Plaintiff was evaluated by Rogers, who gave plaintiff a score of 51.8 With that score, plaintiff ranked fifth of eight employees. Only Gerald Fulton and Robert Baker ranked below plaintiff. Baker, whose score was the lowest at 47.5, was working on the AV-8 program in Quality Assurance at the time of his transfer. Plaintiff was not assigned to work on the AV-8 program in quality assurance. Baker was transferred in lieu of layoff to an available position in Italy working on the AV-8 program. Fulton, the second lowest ranked individual, had a ranking of 51.6. Defendant deems equal those employees whose scores are within 2.5 points of each other. Thus, because only .2 points separated Fulton and plaintiff, management had to make a further evaluation of Fulton and plaintiff to determine whom to layoff. Fulton, who is three years older than plaintiff, was retained. Plaintiff was selected for layoff.

On April 10, 1995, Rogers informed plaintiff that he was being terminated as part of a reduction in force. Plaintiffs layoff was to become effective April 21, 1995. Although plaintiff was permitted to try to find another position within McDonnell Douglas before his layoff became effective, plaintiff never pursued any other position during the eleven days prior to the effective date of his termination. Nevertheless, defendant offered plaintiff a temporary position3 at its facility in Cherry Point, North Carolina. Charles Morris, Superintendent Quality Assurance, was aware of plaintiffs selection for layoff and felt that plaintiff could adequately perform the duties for the opening in Cherry Point. Morris, who had partial responsibility for filling the opening in Cherry Point, contacted plaintiffs supervisors and requested permission to offer the position to plaintiff. Morris offered plaintiff the position, which would have meant a relocation and a cut in pay. Plaintiff rejected the offer and his layoff became effective on April 21,1995.

On or about June 19, 1995, plaintiff filed a charge of discrimination alleging that his employment had been terminated based upon his age. Subsequently, plaintiff filed his complaint. At or about the same time that plaintiff filed his complaint, defendant hired plaintiff as a contract employee. Plaintiffs hire was in connection with a strike at McDonnell Douglas in 1996. Plaintiff assumed a bargaining-unit position until the strike ended in September of 1996. On or about September 9, 1997, defendant rehired plaintiff as a Quality Engineer. Defendant remains employed in that position where his earnings are greater than his earnings prior to his layoff.

B. Standard for Summary Judgment

This Court must grant summary judgment if, based upon the pleadings, admissions, depositions, and affidavits, there exists no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). The moving party must initially demonstrate the absence of an issue for trial. Id. at 323, 106 S.Ct. at 2553.

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981 F. Supp. 1273, 1997 U.S. Dist. LEXIS 17426, 1997 WL 684898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walton-v-mcdonnell-douglas-corp-moed-1997.