William D. HARDIN, Plaintiff-Appellant, v. HUSSMANN CORPORATION, Defendant-Appellee

45 F.3d 262, 1995 WL 13496
CourtCourt of Appeals for the Eighth Circuit
DecidedMarch 7, 1995
Docket93-3926EM
StatusPublished
Cited by144 cases

This text of 45 F.3d 262 (William D. HARDIN, Plaintiff-Appellant, v. HUSSMANN CORPORATION, Defendant-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
William D. HARDIN, Plaintiff-Appellant, v. HUSSMANN CORPORATION, Defendant-Appellee, 45 F.3d 262, 1995 WL 13496 (8th Cir. 1995).

Opinions

MELLOY, Chief District Judge.

William Hardin appeals from a summary judgment granted to Hussmann Corporation (Hussmann) on his claim that Hussmann terminated his employment, at the age of 51, in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634 (1982). The parties consented the case to a magistrate judge who held that Hussmann was entitled to summary judgment as Hardin was terminated pursuant to a reduction-in-foree (RIF) and had failed to present a prima facie case of age discrimination. Hardin argues 1) the magistrate judge erroneously concluded that Hardin was required to show the more stringent prima facie case pursuant to a RIF; 2) even if there was a legitimate RIF, Hardin met the prima facie showing necessary; and 3) alternatively, the magistrate judge erred in ruling on the summary judgment before the completion of discovery. We Reverse.

I.

Hussmann hired Hardin in 1981 as a research engineer when Hardin was forty-three. Shortly after being hired, Jim Gaines, Hardin’s first supervisor, told Hardin that it was unusual for Hussmann to hire someone over the age of forty as an engineer. In 1986, Hussmann transferred Hardin into its Research and Development Department (R & D) and gave Hardin the title of design engineer.

• Shortly before Hardin’s termination, he lent a technical book dating from the 1950’s to Charles Thomas, Hussmann’s Vice-President of Engineering. Upon returning the book, Thomas told Hardin that such an antiquated book should be kept out of sight as it might give their customers the wrong image. Hardin does not allege that Thomas took part in the decision to terminate him, however, Thomas did make the comment in the presence of Richard McCollum, the head of R & D who did make the decision to terminate Hardin.

In May of 1989, Hussmann’s CEO decided that there would be a corporate downsizing and told the department heads how many personnel they would have to “lose.” The CEO told McCollum he was to-fire two of the approximately fifty-four employees in R & D. McCollum then met with his immediate subordinate, Richard Bienvenu, and after a thirty minute discussion, McCollum made the decision to terminate Hardin and twenty-eight year old design engineer Cynthia Monds. McCollum’s proffered reason for his decision is that Hardin and Monds had the worst performance records and that they contributed the least to the department.

On April 3, 1989, Todd Russom, age twenty-six, transferred into R & D. Hussmann terminated Hardin on May 15, 1989. On May 22, 1989, David Zielinski, age thirty-three, transferred into R & D as an “evaluation engineer,” and in June of 1989, Huss-mann advertised to fill a “design engineer” position.

n.

As a preliminary matter, Hussmann has filed a motion before this court to strike Hardin’s brief and portions of his appendix on the basis that Hardin did not submit portions of his appendix to the district court for its consideration of the summary judgment motion. Hardin does not dispute that he failed to submit to the district court most [264]*264of the materials complained of by Hussmann, however, he argues that the additional materials have not prejudiced Hussmann. As we will not consider materials that were not before the district court, see Hicks v. Mickelson, 835 F.2d 721, 724 (8th Cir.1987), we grant Hussmann’s motion to strike the additional materials. We deny the portion of Hussmann’s motion asking that we strike Hardin’s brief. The improper appendix material is largely irrelevant to Hardin’s various contentions of error and we have taken appropriate note of the points in Hardin’s brief that the improper materials support.

III.

We review a grant of summary judgment de novo. Hase v. Missouri Div. of Employment Security, 972 F.2d 893, 895 (8th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 2332, 124 L.Ed.2d 244 (1993). We will affirm the grant of summary judgment if the evidence, viewed in the light most favorable to the non-moving party, demonstrates that there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law. Bashara v. Black Hills Corp., 26 F.3d 820 (8th Cir.1994).

We make our de novo review recognizing that summary judgments should only be used sparingly in employment discrimination cases. Haglof v. Northwest Rehabilitation, Inc., 910 F.2d 492, 495 (8th Cir.1990); Hillebrand v. M-Tron Indus., Inc., 827 F.2d 363, 364 (8th Cir.1987), cert. denied, 488 U.S. 1004, 109 S.Ct. 782, 102 L.Ed.2d 774 (1988). Summary judgments should only be granted in those rare instances where there is no dispute of fact and where there exists only one conclusion. Id. “All the evidence must point one way and be susceptible of no reasonable inferences sustaining the position of the nonmoving party.” Johnson v. Minnesota Historical Society, 931 F.2d 1239, 1244 (8th Cir.1991) (quoting Holley v. Sanyo Manufacturing, Inc., 771 F.2d 1161, 1164 (8th Cir.1985)).

Using the “shifting burdens” analysis laid out in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), and Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981), the plaintiff must first establish, by a preponderance of the evidence, a prima facia case of age discrimination.1 More specifically, the plaintiff is required to show: 1) he was in the protected age group, i.e., older than forty; 2) he was qualified; 3) despite his qualifications, he was discharged; and 4) a non-member of the protected age group replaced the plaintiff and was assigned to do the same work. Kehoe v. Anheuser-Busch, Inc., 995 F.2d 117, 119 (8th Cir.1993).

The importance of the prima facie showing is that it creates the inference that the employer terminated the plaintiff for an impermissible reason. In recognition that a RIF is a legitimate reason for termination, we require plaintiffs discharged pursuant to a RIF, to come forward with an “additional showing” that age was a factor in their termination. Bashara v. Black Hills Corporation, 26 F.3d at 823. Further, if a plaintiff is terminated pursuant to a RIF, he or she cannot meet the fourth factor stated above as the plaintiffs position upon termination is either eliminated or combined with another position. Holley v. Sanyo Mfg., Inc., 771 F.2d at 1165.

Hardin argues that the magistrate judge erred when he found that there had been a legitimate RIF.

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Bluebook (online)
45 F.3d 262, 1995 WL 13496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-d-hardin-plaintiff-appellant-v-hussmann-corporation-ca8-1995.