William F. GLOVER, Plaintiff-Appellee, v. McDONNELL DOUGLAS CORP., Defendant-Appellant

981 F.2d 388, 1992 WL 366990
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 5, 1993
Docket92-1059
StatusPublished
Cited by45 cases

This text of 981 F.2d 388 (William F. GLOVER, Plaintiff-Appellee, v. McDONNELL DOUGLAS CORP., Defendant-Appellant) 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 F. GLOVER, Plaintiff-Appellee, v. McDONNELL DOUGLAS CORP., Defendant-Appellant, 981 F.2d 388, 1992 WL 366990 (8th Cir. 1993).

Opinion

FLOYD R. GIBSON, Senior Circuit Judge.

McDonnell Douglas Corporation (“McDonnell Douglas”) appeals the jury’s verdict in favor of William Glover on his claim under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-34 (1988) and its awards of emotional distress, liquidated, and punitive damages. We affirm in part, reverse in part, and remand.

I. BACKGROUND

A. The Layoff

In the middle of 1987, McDonnell Douglas responded to declining business by consolidating its Astronautics, Electronics, and Microelectronics subsidiaries. The company determined that, as a result of the consolidation, approximately 120 jobs would have to be eliminated. Most of these jobs were eliminated when McDonnell Douglas instituted a voluntary severance program, but the program fell short of its goal, resulting in the need to lay off nineteen individuals.

Joseph Barbeau, the person in charge of the newly consolidated accounting department, was told that he had to select three people to be laid off. In February 1988 Barbeau selected the three employees, including Glover. Glover was fifty-nine years old and had worked for the Astronautics subsidiary for over twenty years. Glover had a BA degree and an associates degree but did not have a degree in accounting. His job was that of a “processor” in the Accounts Payable Section; his duties consisted primarily of reviewing invoices to insure they complied with the company’s purchase orders. Glover sued McDonnell Douglas, alleging he had been selected for termination based on his age and was denied consideration for reassignment to another subsidiary based on his age.

B. The Trial

In outlining the evidence presented at trial, we find it more expedient to discuss McDonnell Douglas’ evidence first. Bar-beau testified that he began working for the Astronautics division in the summer of 1987. In the middle of January, 1988, Bar-beau was told that three people would have to be laid off, but he was not told how to go about selecting those three people. He was permitted to chose any three employees, whether they were salaried or hourly, full-time or part-time. In making his determination, he relied on the company’s “totem poles.” The totem poles listed employees, with the better performers and most valuable employees being listed closer to the top. Totem poles were generated annually by each subsidiary and used as, among other things, a factor in awarding merit raise. In determining who was to be laid off, Barbeau obtained the totem poles for each newly consolidated subsidiary from 1985, 1986, and 1987. During these three years, all three subsidiaries utilized separate poles for salaried and non-salaried employees. On the Astronautics’ subsidiary’s totem pole for 1987, Glover ranked 42 out of 42 salaried employees; in 1986, he was ranked 39 out of 43; and in 1985, he ranked 30 out of 52. Barbeau testified that if salaried and hourly employees were combined on one totem pole, Glover would have ranked 57 out of 61 in 1987. From the totem poles, Barbeau created a list of employees that had consistently ranked near the bottom in the preceding three years. He then began acquiring other information about the employees by talking to other supervisors. Barbeau wrote some (but not all) of this information down; included in this information was the statement that one of the employees on his list was “young” and had “more potential.” After conversing with the other supervisors, Barbeau created a preliminary list of approximately fifteen candidates for layoff and ranked the top six; Glover was ranked as the second candidate.

*391 Barbeau then consolidated much of his previously collected information and added information reflecting each employee’s age, years of service, and absentee record. On approximately January 18, he discussed the information with his staff, whereupon it was decided that Glover should be among those laid off. Barbeau prepared yet another, more detailed copy of his information and had two further discussions with representatives from McDonnell Douglas’ legal and human relations departments. At these meetings, Barbeau was told that if all things were equal between two or more likely candidates, years of service could be considered (with greater seniority being rewarded). He was also given some basic information about the ADEA.

Glover testified that he inquired about moving to McDonnell Douglas’ Aircraft subsidiary, and to that end spoke with Jim Cleeton. Glover testified that Cleeton told him he would not be considered because of his age. Cleeton testified and denied making this statement. Glover also testified about his experiences in finding another job, and that the combination of being laid off and the menial nature of his new job caused him to experience disruptive sleep habits, a diminished desire for food, and a degree of humiliation sufficient to prevent him from socializing as much as he had before being laid off.

Also testifying on Glover’s behalf were four other employees in accounts payable. All four were significantly younger than Glover, were hourly employees, and had less education and experience. One of these employees had received particularly critical job appraisals, and another ranked below Glover on the combined totem pole; no information was provided about the other employees’ job performance or their positions on any totem poles. None of these employees was laid off in February of 1988. Because these processors were hourly employees, they did not appear on the same totem poles as Glover, who was a salaried employee. We will discuss more of the evidence presented at trial during our discussion of the issues.

The jury returned a verdict in Glover’s favor and awarded him $30,000 in backpay, $100,000 in emotional distress damages, and $100,000 in punitive damages. The jury found the violation to be willful, and the district court accordingly awarded Glover an additional $30,000 in liquidated damages. The court also granted Glover equitable relief in the form of reinstatement and pension credit. McDonnell Douglas appeals.

II. DISCUSSION

A. Standard of Review

Our standard of review is well established. When reviewing a district court’s denial of a motion for judgment notwithstanding the verdict, we must

1) consider the evidence in the light most favorable to [Glover], who prevailed with the jury; 2) assume that all conflicts in the evidence were resolved by the jury in [Glover’s] favor; 3) assume as proved all facts which [Glover’s] evidence tends to prove; 4) give [Glover] the benefit of all favorable inferences which may reasonably be drawn from the facts proved; and 5) affirm the denial of the motion if reasonable persons could differ as to the conclusions to be drawn from it.

Gilkerson v. Toastmaster, Inc., 770 F.2d 133, 136 (8th Cir.1985). McDonnell Douglas, however, relies on a footnote in Dace v. ACF Indus., Inc., 722 F.2d 374

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Bluebook (online)
981 F.2d 388, 1992 WL 366990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-f-glover-plaintiff-appellee-v-mcdonnell-douglas-corp-ca8-1993.