Weaver v. Amoco Production Co.

66 F.3d 85, 1995 U.S. App. LEXIS 28052, 66 Empl. Prac. Dec. (CCH) 43,729, 70 Fair Empl. Prac. Cas. (BNA) 931, 1995 WL 564132
CourtCourt of Appeals for the Fifth Circuit
DecidedOctober 10, 1995
Docket94-40821
StatusPublished
Cited by20 cases

This text of 66 F.3d 85 (Weaver v. Amoco Production Co.) 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
Weaver v. Amoco Production Co., 66 F.3d 85, 1995 U.S. App. LEXIS 28052, 66 Empl. Prac. Dec. (CCH) 43,729, 70 Fair Empl. Prac. Cas. (BNA) 931, 1995 WL 564132 (5th Cir. 1995).

Opinion

BENAVIDES, Circuit Judge:

Defendant-Appellant Amoco Production Company (“Amoco”) appeals the district court’s final judgment after a jury verdict finding Amoco discriminated against Plaintiff-Appellee Jim Weaver (“Weaver”) on the basis of age in willful violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621, et seq., thereby entitling Weaver to liquidated damages in accordance with 29 U.S.C. § 626(b). Amoco also appeals the court’s denial of its motion for new trial. We affirm the judgment with respect to Weaver’s claims, except for Weaver’s claim for front pay, which we remand for further review by the district court. Additionally, attorneys’ fees for services rendered on appeal are awarded to Weaver.

FACTS AND PROCEDURAL HISTORY

Weaver was hired by Amoco in 1968. He was fifty-six years old at the time of his termination on October 1, 1992. During the last sixteen years of his employment, Weaver held the position of Field Foreman at Amoco’s Woodlawn Field office.

In 1992, Amoco decided to reorganize its Southeast Business Unit (“SBU”), determining that several positions would have to be eliminated as a result of the reorganization. In total, thirty positions were eliminated from the SBU, including eight supervisors. Three of the eight were reassigned to other positions within Amoco, while the remaining supervisors, including Weaver, were terminated. Some of the employees terminated were older than Weaver, and some younger.

On January 29, 1993, Weaver filed suit in district court alleging that Amoco discriminated against him in violation of the ADEA and that Amoco’s conduct was willful. 1 During trial before a jury, Weaver introduced a taped conversation he had with his supervisor, Phil Henigan (“Henigan”), in which Weaver was informed of his dismissal. Weaver also introduced a transcript of an enhanced version of the tape that contained *87 the following exchange between Weaver and Henigan:

WEAVER: ‘Well, I know they are looking at the future.”
HENIGAN: “And — and that’s, you know, that’s a big part of it, that”
WEAVER: “And a guy who is my age doesn’t have much future left.”
HENIGAN: “Yeah, that’s a hell of a note to have to ... have that stuck in your face, but I guess in full assessment you’re right. That’s a — thing of it is it’s ... Uh, it will be a cold — a cold reality you know when I say this. We think it’s — we think it is time. If I were in your position and — we have got other people who are, who are going to be faced with the same thing.”
WEAVER: “What kind of options are we talking about? And how long is it going to affect me and affect what we are looking at?”
HENIGAN: “You’ll have to — you’ll have to retire.”

The jury returned a verdict in favor of Weaver. In answering the interrogatories submitted by the court, the jury found that Amoco discriminated against Weaver on the basis of his age. The jury awarded Weaver $105,000 in back pay and $280,000 in front pay. In addition, the jury found that Amoco’s discrimination was willful.

On July 19,1994, the district court entered an order finding that reinstatement was not feasible, awarding Weaver front pay. The Court also found, with regard to the issue of liquidated damages, that the jury’s finding that Amoco willfully violated the ADEA was supported by the evidence. On August 1, 1994, the district court entered final judgment in favor of Weaver, awarding him $105,000 in back pay, $280,000 in front pay, $105,000 in liquidated damages, $52,862.50 in attorneys’ fees, $3,569.90 in costs and post-judgment interest at the rate of 5.31%.

After considering each party’s post-judgment motions, the district court denied Amoco’s motion for judgment, motion to alter or amend judgment, or in the alternative, motion for new trial. Amoco appeals the district court’s final judgment and denial of Amoco’s post-judgment motion.

EVIDENCE OF AGE DISCRIMINATION

Amoco asserts that the only “evidence” of age discrimination presented by Weaver was the recorded conversation and transcript between Weaver and Henigan. Amoco argues that at no point in the conversation did Heni-gan indicate to Weaver that his age was relevant to his termination, but that Weaver “manipulated” the conversation by making a transcript that is not corroborated by the tape itself. 2 Amoco argues that Weaver has failed to make a prima facie ease of discrimination, that his only offering of proof of discrimination is his subjective belief that he was the victim of age discrimination and that such proof is insufficient to establish that age discrimination occurred.

On appeal of a jury’s verdict of age discrimination, we need not address the sufficiency of Weaver’s prima facie case, but proceed to determine whether there was sufficient evidence upon which a jury could find that discrimination occurred. Walther v. Lone Star Gas Co., 952 F.2d 119, 122-23 (5th Cir.1992). Our review of the record reveals sufficient evidence in support of the jury’s finding that Amoco discriminated against Weaver on the basis of age. The transcript of the tape and Weaver’s testimony with respect to the taped conversation between Weaver and Henigan reflects not mere subjective belief on Weaver’s part, but specific evidence that would allow a reasonable jury to conclude that Amoco considered age in its determination to force Weaver to retire from the company.

EVIDENCE OF WILLFUL DISCRIMINATION

Amoco contends that the district court abused its discretion in awarding liquidated damages because Weaver failed to produce any evidence that Amoco willfully violated *88 the ADEA. Amoco argues that the record only demonstrates that Amoco made a good faith attempt to make a very difficult business decision with no regard to age of any affected employee. In addition, there is no evidence in the record tending to show an adversarial relationship between the parties. Finally, Amoco argues that not one witness testified that age “even remotely” entered into the decision to terminate Weaver, let alone that Amoco egregiously violated Weaver’s rights.

An award of liquidated damages is reviewed for an abuse of discretion. Hedrick v. Hercules, Inc., 658 F.2d 1088, 1095-96 (5th Cir.1981). Our review of the record reveals evidence that Amoco acted in willful violation of the ADEA. The taped conversation between Weaver and Henigan not only supports the jury’s finding of discrimination, but that Amoco knowingly decided to force retirement on Weaver based on his age and its effect on the future of the company. 3

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66 F.3d 85, 1995 U.S. App. LEXIS 28052, 66 Empl. Prac. Dec. (CCH) 43,729, 70 Fair Empl. Prac. Cas. (BNA) 931, 1995 WL 564132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weaver-v-amoco-production-co-ca5-1995.