Daniel H. SAHADI, Plaintiff-Appellant, v. REYNOLDS Chem., Div. of Hoover Ball & Bearing Co., Defendant-Appellee, 636 F.2d 1116 (6th Cir. 1980). · Go Syfert
Daniel H. SAHADI, Plaintiff-Appellant, v. REYNOLDS Chem., Div. of Hoover Ball & Bearing Co., Defendant-Appellee, 636 F.2d 1116 (6th Cir. 1980). Cases Citing This Book View Copy Cite
190 citation events (32 in the last 25 years) across 30 distinct courts.
Strongest positive: Michael Harmon v. Earthgrains Baking Cos. (ca6, 2009-02-11)
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discussed Cited as authority (verbatim quote) Michael Harmon v. Earthgrains Baking Cos. (2×) also: Cited as authority (rule)
6th Cir. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
a prima facie case of age discrimination is not shown by mere termination of a competent employee where it is shown that an employer is making cutbacks due to economic necessity.
examined Cited as authority (verbatim quote) 52 Fair empl.prac.cas. 1707, 52 Fair empl.prac.cas. 601, 56 Fair empl.prac.cas. 1203, 52 Empl. Prac. Dec. P 39,688 Jon F. Barnes, Homer L. Gibson, Jean Z. Gipson, Clarence P. Kennedy, Willy P. Kulhanek, Norman J. Muth, Febo C. Spagnuolo (89-3104) v. Gencorp Inc., Theophilos A. Millis (89-3192), Richard S. Novitsky (89-3193), Milan A. Rolik (89-3194), Norman S. Trommer (89-3195) v. Diversitech General, Inc. (4×) also: Cited as authority (rule)
6th Cir. · 1990 · signal: see · quote attribution · 1 verbatim quote · confidence high
plaintiff was not replaced; his former duties were assumed by alexander, who performed them in addition to his other functions
examined Cited as authority (verbatim quote) Barnes v. GenCorp Inc. (3×) also: Cited as authority (rule)
6th Cir. · 1990 · signal: see · quote attribution · 1 verbatim quote · confidence high
pjlaintiff was not replaced; his former duties were assumed by alexander, who performed them in addition to his other functions
discussed Cited as authority (rule) EEOC v. The Ohio State University (2×)
S.D. Ohio · 2022 · confidence medium
Barnes, 896 F.2d at 1465 (6th Cir. 1990) (citing Sahadi v. Reynolds Chem., 636 F.2d 1116, 1117 (6th Cir. 1980)).
discussed Cited as authority (rule) Hamby v. Victor Hubbell Williams, PLLC
E.D. Tenn. · 2021 · confidence medium
A person is replaced only when another employee is hired or reassigned to perform the plaintiff’s duties.” See Barnes v. GenCorp Inc., 896 F.2d 1457, 1465 (6th Cir. 1990) (citing Sahadi v. Reynolds Chem., 636 F.2d 1116, 1117 (6th Cir. 1980)); see also Grosjean v. First Energy Corp., 349 F.3d 332 , 335– 36 (6th Cir. 2003).
discussed Cited as authority (rule) McMaster v. Kohl's Department Stores, Inc.
E.D. Mich. · 2021 · confidence medium
A person is replaced only when another employee is hired or reassigned to perform the plaintiff's duties.” Barnes v. GenCorp Inc., 896 F.2d 1457, 1465 (6th Cir. 1990) (citing Sahadi v. Reynolds Chem., 636 F.2d 1116, 1117 (6th Cir. 1980)); see also Lilley v. BTM Corp., 958 F.2d 746, 752 (6th Cir. 1992) (“Spreading the former duties of a terminated employee among the remaining employees does not constitute replacement.”); Godfredson v. Hess & Clark, 173 F.3d 365 , 372–73 (6th Cir. 1999) (reaffirming Barnes, 896 F.2d at 1465 ).
discussed Cited as authority (rule) Golub v. Northeastern University
D. Mass. · 2019 · confidence medium
See Hoffman-Gacía v. Metrohealth, Inc., 918 F.3d 227 , 230–31 (1st Cir. 2019) (holding that plaintiff failed to demonstrate age discrimination when his position was eliminated and he was offered a different position); see, e.g., Velazquez-Fernandez v. NCE Foods, Inc., 476 F.3d 6 , 12–13 (1st Cir. 2007) (finding that plaintiff was not discharged because, though his position was eliminated, he was offered a new position which entailed the same job responsibilities); Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1117 (6th Cir. 1980) (finding that plaintiff failed to demonstrate that his job wa…
discussed Cited as authority (rule) Killen v. Walgreen Company
E.D. Tenn. · 2019 · confidence medium
A person is replaced only when another employee is hired or reassigned to perform the plaintiff’s duties.” See Barnes v. GenCorp Inc., 896 F.2d 1457, 1465 (6th Cir. 1990) (citing Sahadi v. Reynolds Chem., 636 F.2d 1116, 1117 (6th Cir. 1980)); see also Grosjean v. First Energy Corp., 349 F.3d 332, 335-36 (6th Cir. 2003); Lilley v. BTM Corp., 958 F.2d 746, 752 (6th Cir. 1992) (“Spreading the former duties of a terminated employee among the remaining employees does not constitute replacement”); Godfredson v. Hess & Clark, 173 F.3d 365, 372-73 (6th Cir. 1999).
cited Cited as authority (rule) Amstutz v. Liberty Center Board of Education
N.D. Ohio · 2015 · confidence medium
Sahadi v. Reynolds Chem., 636 F.2d 1116, 1118 (6th Cir.1980) (quoting Laugesen v. Anaconda Co., 510 F.2d 307 , 313 n. 4 (6th Cir.1975)).
discussed Cited as authority (rule) James Pierson v. Quad/Graphics Printing Corp.
6th Cir. · 2014 · confidence medium
However, we have consistently found that a “plaintiffs job was simply eliminated” when the plaintiffs “former duties were assumed by [a younger employee], who performed them in addition to his other functions.” Sahadi v. Reynolds Chem., 636 F.2d 1116, 1117 (6th Cir.1980) (discussing Laugesen v. Anaconda Co., 510 F.2d 307 (6th Cir.1975)); see also Lefevers v. GAF Fiberglass Corp., 667 F.3d 721, 726 (6th Cir.2012); Geiger, 579 F.3d at 623 .
cited Cited as authority (rule) Helen Stewart v. Cadna Rubber Company
Tenn. Ct. App. · 2014 · confidence medium
Co., 748 F.2d 1087, 1090 (6th Cir.1984); Sahadi v. Reynolds Chem., 636 F.2d 1116, 1118 (6th Cir. 1980)).
discussed Cited as authority (rule) David Kremp v. ITW Air Management (2×) also: Cited "see"
6th Cir. · 2012 · confidence medium
An ADEA plaintiff cannot meet the “additional evidence” requirement by showing only that “a younger person was retained in a position which [the] plaintiff is capable of performing.” Sahadi v. Reynolds Chem., 636 F.2d 1116, 1118 (6th Cir.1980) (per curiam); accord Schoonmaker v. Spartan Graphics Leasing, LLC, 595 F.3d 261, 266-67 (6th Cir.2010).
discussed Cited as authority (rule) Harriet Schoonmaker v. Spartan Graphics Leasing, LLC (2×) also: Cited "see"
6th Cir. · 2010 · confidence medium
See Barnes, 896 F.2d at 1465 (stating that “[a] person is replaced only when another employee is hired or reassigned to perform the plaintiffs duties”); Sahadi, 636 F.2d at 1117 (holding that the plaintiff was not replaced where his former duties were assumed by another employee in addition to his other functions).
discussed Cited as authority (rule) Deborah Novotny v. Reed Elsevier
6th Cir. · 2008 · confidence medium
Barnes v. GenCorp Inc., 896 F.2d 1457 , 1465 (6th Cir.1990) (citing Sahadi v. Reynolds Chem., 636 F.2d 1116, 1117 (6th Cir. 1980)); see also Lilley v. BTM Corp., 958 *703 F.2d 746, 752 (6th Cir.1992) (“Spreading the former duties of a terminated employee among the remaining employees does not constitute replacement.”).
discussed Cited as authority (rule) Austin v. Fuel Systems, LLC
W.D. Mich. · 2004 · confidence medium
A person is replaced only when another employee is hired or reassigned to perform the plaintiffs duties.”); Sahadi v. Reynolds Chem., 636 F.2d 1116, 1117 (6th Cir.1980) (“Plaintiff was not replaced; his former duties were assumed by Alexander, who performed them in addition to his other functions.”).
cited Cited as authority (rule) Hagan v. Warner/Elektra/Atlantic Corp.
6th Cir. · 2004 · confidence medium
Sahadi v. Reynolds Chew,, 636 F.2d 1116, 1118 (6th Cir.1980).
discussed Cited as authority (rule) William Grosjean v. First Energy Corporation Toledo Edison Energy
1st Cir. · 2003 · confidence medium
A person is replaced only when another employee is hired or reassigned to perform the plaintiffs duties.” Barnes v. GenCorp Inc., 896 F.2d 1457, 1465 (6th Cir.1990) (citing Sahadi v. Reynolds Chem., 636 F.2d 1116, 1117 (6th Cir.1980)); see also Lilley v. BTM Corp., 958 F.2d 746, 752 (6th Cir.1992) (“Spreading the former duties of a terminated employee among the remaining employees does not constitute replacement.”); Godfredson v. Hess & Clark, 173 F.3d 365, 372-73 (6th Cir.1999) (reaffirming Barnes, 896 F.2d at 1465 ).
discussed Cited as authority (rule) Grosjean v. First Energy Corp
6th Cir. · 2003 · confidence medium
Tenn. 1996 ). 896 F.2d 1457 , 1465 (6th Cir. 1990) (citing Sahadi v. 2 Reynolds Chem., 636 F.2d 1116, 1117 (6th Cir. 1980)); see In addition, here Gallagher was the obvious tem porary rep lacem ent, also Lilley v. BTM Corp., 958 F.2d 746, 752 (6th Cir. 1992) as he had been doing exactly the same job as Grosjean.
discussed Cited as authority (rule) 74 Fair empl.prac.cas. (Bna) 984, 72 Empl. Prac. Dec. P 45,149 Karl D. Brocklehurst, Plaintiff-Appellee/cross-Appellant v. Ppg Industries, Inc., Defendant-Appellant/cross-Appellee
6th Cir. · 1997 · confidence medium
A person is replaced only when another employee is hired or reassigned to perform the plaintiff's duties. 25 896 F.2d 1457 , 1465 (6th Cir.1990) (citing Sahadi v. Reynolds Chem., 636 F.2d 1116, 1117 (6th Cir.1980)).
discussed Cited as authority (rule) Brocklehurst v. PPG Industries, Inc.
6th Cir. · 1997 · confidence medium
A person is replaced only when another employee is hired or reassigned to perform the plaintiffs duties. 896 F.2d 1457 , 1465 (6th Cir.1990) (citing Sahadi v. Reynolds Chem., 636 F.2d 1116, 1117 (6th Cir.1980)).
cited Cited as authority (rule) Lewis v. Aerospace Community Credit Union
E.D. Mo. · 1996 · confidence medium
Holley, 771 F.2d at 1166 (citing Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1117 (6th Cir.1980)).
discussed Cited as authority (rule) Pages-Cahue v. Iberia
1st Cir. · 1996 · confidence medium
Id.; see Ridenour v. Lawson Co., 791 F.2d 52, 57 (6th Cir. 1986) ___ ___ ________ __________ (stating that "[w]here an employer reduces his workforce for economic reasons, it incurs no duty to transfer an employee to another position within the company"); Sahadi v. Reynolds Chem., ______ ______________ 636 F.2d 1116, 1117 (6th Cir. 1980).
discussed Cited as authority (rule) Pages-Cahue v. Iberia Lineas Aereas De España
1st Cir. · 1996 · confidence medium
Id.; see Ridenour v. Lawson Co., 791 F.2d 52, 57 (6th Cir.1986) (stating that “[w]here an employer reduces his workforce for economic reasons, it incurs no duty to transfer an employee to another position within the company”); Sahadi v. Reynolds Chem., 636 F.2d 1116, 1117 (6th Cir.1980).
cited Cited as authority (rule) Rogic v. Mallinckrodt Medical, Inc.
E.D. Mo. · 1996 · confidence medium
Holley, 771 F.2d at 1166 (citing Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1117 (6th Cir. 1980)).
cited Cited as authority (rule) Kunzman v. Enron Corp.
N.D. Iowa · 1995 · confidence medium
Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1117 (6th Cir.1980).
cited Cited as authority (rule) Fink v. Kitzman
N.D. Iowa · 1995 · confidence medium
Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1117 (6th Cir.1980).
discussed Cited as authority (rule) Brenner v. Textron Aerostructures, a Division of Textron, Inc.
Tenn. Ct. App. · 1993 · confidence medium
Moreover, the Sixth Circuit has directed: “The mere termination of a competent employee when an employer is making cutbacks due to economic necessity is insufficient to establish a pri- • ma facie case of age discrimination.” Barnes, 896 F.2d at 1465 (quoting McMahon v. Libbey-Owens-Ford Co., 870 F.2d 1073 (6th Cir.1989), LaGrant, 748 F.2d at 1090 (6th Cir.1984); Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1118 (6th Cir.1980).
cited Cited as authority (rule) Warmack v. Delta Airlines, Inc.
S.D. Ohio · 1993 · confidence medium
Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1117 (6th Cir.1980).
cited Cited as authority (rule) Meyer v. Ernst & Young
S.D. Ohio · 1993 · confidence medium
Ridenour v. Lawson Co., 791 F.2d 52, 57 (6th Cir.1986); Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1117 (6th Cir.1980).
discussed Cited as authority (rule) Sylvia R. Olada v. Sprint Communications Company, L.P. (2×)
6th Cir. · 1993 · confidence medium
Co., Inc., 748 F.2d 1087, 1090-91 (6th Cir.1984); Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1118 (6th Cir.1980). 5 We agree with the district court's conclusion that there was no direct evidence of employment discrimination based upon age, gender, or national origin.
discussed Cited as authority (rule) Hugh R. Hall, Cross-Appellant v. Associated Doctors Health and Life Insurance Company, Cross-Appellee
6th Cir. · 1993 · confidence medium
Before allowing a case to be decided by a jury, a district court should be careful that the issue is "not whether plaintiff was treated fairly but whether discrimination occurred." Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1117 (6th Cir.1980).
cited Cited as authority (rule) Steptoe v. Savings of America
N.D. Ohio · 1992 · confidence medium
Sahadi, supra at 1118, n. 3.
cited Cited as authority (rule) Cherry v. Thermo Electron Corp.
E.D. Mich. · 1992 · confidence medium
Sahadi v. Reynolds Chem., 636 F.2d 1116, 1118 (6th Cir.1980).
discussed Cited as authority (rule) Chester G. HAWLEY, Plaintiff-Appellant, v. DRESSER INDUSTRIES, INC.; George A. Korb, Defendants-Appellees (2×)
6th Cir. · 1992 · confidence medium
Barnes, 896 F.2d at 1469-70; Ridenour, 791 F.2d at 57 ; Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1117 (6th Cir.1980).
discussed Cited as authority (rule) Lois S. Ailor v. First State Bank of Maynardville (2×) also: Cited "see, e.g."
1st Cir. · 1991 · confidence medium
Sahadi v. Reynolds Chem., 636 F.2d 1116, 1118 (6th Cir.1980).
cited Cited as authority (rule) Whitten v. Farmland Industries, Inc.
D. Kan. · 1991 · confidence medium
Ridenour v. Lawson Co., supra, 791 F.2d at 57 ; Sahadi v. Reynolds Chem., 636 F.2d 1116, 1117 (6th Cir.1980).
cited Cited as authority (rule) Emory White v. At & T Information Services, Inc.
6th Cir. · 1989 · confidence medium
See also Ridenour v. Lawson Co., 791 F.2d 52, 57 (6th Cir.1986); Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1118 (6th Cir.1980).
discussed Cited as authority (rule) Taulbee v. Blue Bird Baking Co.
S.D. Ohio · 1989 · confidence medium
See, Laugesen v. Anaconda Company, 510 F.2d 307, 312 (6th Cir.1975); Blackwell v. Sun Electric Corp., 696 F.2d 1176, 1179 (6th Cir.1983); Ackerman v. Diamond Shamrock Corp., 670 F.2d 66, 70 (6th Cir.1982); Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1117-19 (6th Cir.1980).
discussed Cited as authority (rule) George E. Newman v. Universal Concrete Products
6th Cir. · 1988 · confidence medium
See also, Dabrowski v. Warner-Lambert Co., 815 F.2d 1076, 1080 (6th Cir.1987); Ackerman v. Diamond Shamrock Corp., 670 F.2d 66, 70 (6th Cir.1982); Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1118 (6th Cir.1980). 3 23 In Laugesen v. Anaconda Co., 510 F.2d 307 (6th Cir.1975), this court stated that the mere fact that an employee was replaced with a younger individual does not establish a prima facie case.
discussed Cited as authority (rule) Richard S. Boynton v. Trw, Inc. (2×)
6th Cir. · 1988 · confidence medium
See, e.g., Bouwman v. Chrysler Corp., 114 Mich.App. 670, 681-682 , 319 N.W.2d 621 (1982), lv. den, 417 Mich. 989 (1983); Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1118 (CA 6, 1980); F S Royster Guano Co. v. Hall, 68 F.2d 533, 535 (CA 4, 1934).
discussed Cited as authority (rule) Gerald Mills v. Shell Oil Company
6th Cir. · 1988 · confidence medium
See, e.g., Dabrowski v. Warner-Lambert Co., 815 F.2d 1076 (6th Cir.1987); Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1118 (6th Cir.1980); Matras v. Amoco Oil Co., 424 Mich. 675, 684 , 385 N.W.2d 586, 590 (1986). 25 We find the remainder of Mills' evidence to be incomplete and unconvincing.
discussed Cited as authority (rule) Bergeron v. City of Goodlettsville (2×) also: Cited "see, e.g."
M.D. Tenn. · 1988 · confidence medium
See also, Blackwell v. Sun Electric Corp., 696 F.2d 1176, 1179 (6th Cir.1983); Acker- man v. Diamond Shamrock, 670 F.2d 66, 70 (6th Cir.1982); Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1117-19 (6th Cir.1980).
discussed Cited as authority (rule) Wing v. Iowa Lutheran Hospital (2×)
Iowa Ct. App. · 1988 · confidence medium
Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1117 (6th Cir.1980).
cited Cited as authority (rule) Harry Dittmar and Harold Orloff, Cross-Appellants v. Ethyl Corporation, Cross-Appellee
6th Cir. · 1987 · confidence medium
Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1118 (6th Cir. 1980).
discussed Cited as authority (rule) 49 Fair empl.prac.cas. 754, 43 Empl. Prac. Dec. P 37,133 Robert J. Ruth v. Allis-Chalmers Corporation D/B/A American Air Filter Company (2×)
6th Cir. · 1987 · confidence medium
This court adopted the following formulation in Rose v. National Cash Register Corp., 703 F.2d 225, 227 (6th Cir.), cert. denied, 464 U.S. 939 (1983): 17 Hence, a plaintiff in an ADEA action establishes a prima facie case by presenting evidence which, when viewed in the light most favorable to the plaintiff, would permit a reasonable jury to find that he was discharged because of his age. 18 In Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1118 (6th Cir.1980), we rejected the claim that a plaintiff in an ADEA action establishes a prima facie case by showing that he was terminated during an econo…
discussed Cited as authority (rule) Doris E. Klein Janet Wagner v. Stop-N-Go
6th Cir. · 1987 · confidence medium
In Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1117 (6th Cir.1980), this circuit in citing to then district judge Guy’s decision which paraphrased Laugesen v. Anaconda Co., 510 F.2d 307 (6th Cir.1975) observed that “Congress did not intend that every employer who discharges a person in the protected age group should automatically find himself at the other end of an age discrimination charge.” Because the majority disposition misconstrues the operative facts of this case, the admonition of Laugesen and its progeny in this circuit, the existing legal precedent in other circuits applicable …
discussed Cited as authority (rule) Doris E. Klein, Janet Wagner v. Stop-N-Go (2×) also: Cited "see, e.g."
6th Cir. · 1987 · confidence medium
Accordingly, I am filing my separate opinion articulating my reasons favoring the affirmance of the trial court's disposition of the controversy, which opinion I am making available to the bench and bar through publication. 20 In Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1117 (6th Cir.1980), this circuit in citing to then district judge Guy's decision which paraphrased Laugesen v. Anaconda Co., 510 F.2d 307 (6th Cir.1975) observed that 21 "Congress did not intend that every employer who discharges a person in the protected age group should automatically find himself at the other end of an ag…
discussed Cited as authority (rule) Klein v. Stop-N-Go (2×) also: Cited "see"
6th Cir. · 1987 · confidence medium
In Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1117 (6th Cir.1980), this circuit in citing to then district judge Guy’s decision which paraphrased Laugesen v. Ana conda Co., 510 F.2d 307 (6th Cir.1975) observed that “Congress did not intend that every employer who discharges a person in the protected age group should automatically find himself at the other end of an age discrimination charge.” Because the majority disposition misconstrues the operative facts of this case, the admonition of Laugesen and its progeny in this circuit, the existing legal precedent in other circuits applicable…
cited Cited as authority (rule) 46 Fair empl.prac.cas. 1552, 42 Empl. Prac. Dec. P 36,827 Thomas E. Torowski v. United Parcel Service
6th Cir. · 1987 · confidence medium
Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1117-18 (6th Cir.1980); Laugesen v. Anaconda Co., 510 F.2d 307, 310 (6th Cir.1975).
discussed Cited as authority (rule) 42 Fair empl.prac.cas. 23, 41 Empl. Prac. Dec. P 36,621 Ian C. Chappell v. Gte Products Corporation
6th Cir. · 1986 · confidence medium
See Coburn v. Pan American World Airways, Inc., 711 F.2d 339, 343 (D.C.Cir.), cert. denied, 464 U.S. 994 , 104 S.Ct. 488 , 78 L.Ed.2d 683 (1983); Lovelace v. Sherwin-Williams Co., 681 F.2d 230, 242 (4th Cir.1982). "[T]he question for the jury was not whether plaintiff was treated fairly but whether discrimination occurred." Sahadi v. Reynolds Chemical, 636 F.2d 1116, 1117 (6th Cir.1980). 10 The evidentiary guidelines governing proof in discrimination cases were first set out in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973) (construing Title VII), and th…
Retrieving the full opinion text from the archive…
23 Fair empl.prac.cas. 1338, 24 Empl. Prac. Dec. P 31,237 Daniel H. Sahadi
v.
Reynolds Chemical, Division of Hoover Ball and Bearing Company
78-1445.
Court of Appeals for the Sixth Circuit.
Sep 15, 1980.
636 F.2d 1116
William D. Haynes, Haynes & Donnelly, Gerald D. Wahl, Detroit, Mich., for plaintiff-appellant., Anthony A. Haisch, Cross, Wrock, Miller & Vieson, Michael A. Holmes, Detroit, Mich., for defendant-appellee.
Engel, Jones, Merritt, Per Curiam.
Cited by 135 opinions  |  Published
PER CURIAM.

Daniel H. Sahadi brought suit against his employer, Reynolds Chemical, in the district court under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621, et seq., alleging that he was discriminatorily terminated from employment because of his age. The case went before a jury, but after presentation of the plaintiff’s proofs, the trial judge directed a verdict for Reynolds, holding that, as a matter of law, Sahadi had failed to make out a prima facie case under the Act. We affirm.

The evidence presented at trial, construed most favorably to the plaintiff, fully supports the trial judge’s directed verdict.

Daniel Sahadi was 51 when he began his job as a color matcher for the Ann Arbor plant of Reynolds Chemical on July 28, 1965. He was laid off in November, 1974 and terminated eight months later. Reynolds Chemical produced plastic products for use in the automobile industry. In his capacity as color matcher, plaintiff created dyes for the plastic products which precisely matched colors chosen by industrial clients for use in their automotive products.

Both parties agreed that plaintiff was a competent worker. He had over 20 years experience as a color matcher and was occasionally used as a trouble-shooter in defendant’s other plants. At one point plaintiff was transferred to the Farwell, Michigan plant where he hired and trained a new assistant, John Schuler, who assumed the color matching duties at the Farwell location upon plaintiff’s return to the Ann Arbor plant.

Further testimony indicated that a downturn in the auto industry in 1974 adversely affected Reynolds Chemical and influenced the company to make changes in its product line and to decrease its work force. The need for color matching subsequently decreased and plaintiff was one of four employees laid off from different departments. In July, 1974, prior to plaintiff’s lay-off,[*1117] the company hired Raoul Alexander to institute a new product line involving water based paints at the Ann Arbor plant. Apparently Alexander was a chemist of “some renown” and also had the skill to perform plaintiff’s color matching work.

Plaintiff asserts that his termination was due to age rather than economic factors. His allegation of discrimination is based on the fact that two younger persons were retained by defendant whose work he could have performed. Mr. Alexander was 50 when hired and possessed abilities exceeding the skills required for plaintiff’s work. The plaintiff’s decreased color matching duties were assumed by Alexander upon his layoff and subsequent discharge. Schuler, who was hired and trained to perform color matching duties at the Farwell plant, was 45 at the time of plaintiff’s layoff. Schuler was hired to replace plaintiff at that location after plaintiff had requested a transfer to the Ann Arbor plant. [1]

The district court based its decision on Laugesen v. Anaconda Co., 510 F.2d 307 (6th Cir. 1975). Although plaintiff here is in the protected age group under the Act [2] and is a qualified employee, the court observed that the circumstances of his discharge suggested no discriminatory basis in and of itself. Plaintiff’s discharge “could be for economic reasons, it could be for poor work performance, it could be for a myriad number of factors, and there is no one of those factors that in logic comes to the fore any more than any of the others without some type of adequate supporting proofs in that regard.” The court.further recognized that under Laugesen, age would not have to be the sole reason, but only a contributing factor in connection with the discharge.

In construing the indicia of age discrimination most favorably to plaintiff, the court concluded that there were no facts in the record from which a jury could reach the conclusion that age discrimination occurred unless they were allowed to indulge in guess or speculation. The court determined that plaintiff’s job was simply eliminated. Plaintiff was not replaced; his former duties were assumed by Alexander, who performed them in addition to his other functions. Further, the court stated that the company was under no duty to transfer plaintiff to the Farwell plant and discharge Schuler. The court noted that the question for the jury was not whether plaintiff was treated fairly but whether discrimination occurred. On the facts presented in plaintiff’s proofs there simply was no reasonable inference to suggest that plaintiff was discriminated against because of his age. Paraphrasing Laugesen, Judge Guy observed, “Congress did not intend that every employer who discharges a person in the protected age group should automatically find himself at the other end of an age discrimination charge.”

As in Laugesen, the plaintiff here was the victim of a company cutback in its labor force necessitated by depressed economic conditions in the industry. A further similarity is that in both cases the job held by plaintiff was combined into the duties of a younger employee. In Laugesen, however, we reversed a jury verdict in favor of the employer because of errors in jury instructions, but remanded for a new trial, conceiving that the evidence raised a jury question whether the employer had been guilty of discriminating against Laugesen because of his age.

The distinction between the facts in Laugesen and those here is, we think, narrow but significant. There we noted that a[*1118] comment on Laugesen’s Separation Notice, “too many years on the job,” while ambiguous, “cOuld have meant that the length of service itself, a factor inevitably related to age, was the basis for discharge regardless of performance, and hence would show discrimination.” Id. at 313. No similar evidence appears in the record here.

Plaintiff asserts that McDonnell Douglas v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), presents the test for establishing a prima facie case. However, plaintiff admits that a prima facie case of age discrimination is not shown by mere termination of a competent employee where it is shown that an employer is making cutbacks due to economic necessity. See Price v. Maryland Casualty Co., 561 F.2d 609 (5th Cir. 1977); Marshall v. Goodyear Tire & Rubber Co., 554 F.2d 730 (5th Cir. 1977). These arguments have already been fully addressed by our circuit in Laugesen. Id. at 311.

Plaintiff argues that this court should find a prima facie case where it is shown that an employee terminated during an economic cutback can establish that a younger person was retained in a position which plaintiff is capable of performing, and would have been willing to relocate to perform that job.

The pertinent provisions of the Age Discrimination Act are as follows:

(a) It shall be unlawful for an employer-
(1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age;
(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s age; or
(3) to reduce the wage rate of an employee in order to comply with this chapter.

29 U.S.C. § 623(a) (1976).

If the plaintiff’s case-in-chief is viewed as satisfying the requirements for a prima facie case of age discrimination, then every employer who terminates an employee between 40 and 70 years of age under any circumstances, will carry an automatic burden to justify the termination. That result conflicts with the intent of Congress and with our own interpretation of the Act in Laugesen.

The progression of age is a universal human process. In the very nature of the problem, it is apparent that in the usual case, absent any discriminatory intent, discharged employees will more often than not be replaced by those younger than they, for older employees are constantly moving out of the labor market, while younger ones move in. This factor of progression and replacement is not necessarily involved in cases involving the immutable characteristics of race, sex and national origin. Thus, while the principal thrust of the Age Act is to protect the older worker from victimization by arbitrary classification on account of age, we do not believe that Congress intended automatic presumptions to apply whenever a worker is replaced by another of a different age.

510 F.2d 313, n.4. [3]

We agree with the district court that plaintiff has failed to establish more than the fact of an age differential. This, in our view, is insufficient evidence for a prima [*1119] facie case under the Age Discrimination Act.

Affirmed.

1

. It is thus seen that Alexander and Schuler, at ages 50 and 45 respectively, were also within the protected class under the Act. 29 U.S.C.A. § 631(a) (Supp. 1980). Although it appears that Alexander did assume whatever remained of plaintiffs duties, he testified that it was a small percentage of his work volume. Further, Mr. Schuler did not assume any of plaintiff’s duties. The evidence before the district court showed that the company had effectively eliminated Sahadi’s position due to economic hardship.

2

. Section 631(a) of the Age Discrimination in Employment Act provides:

The prohibitions in this chapter shall be limited to individuals who are at least 40 years of age but less than 70 years of age.

29 U.S.C.A. § 631(a) (Supp. 1980).

3

. As we noted in Laugesen, 510 F.2d at 312, n.4, it is evident in H.R.Rep. No. 805, 90th Cong., 1st Sess. reprinted in [1967] U.S. Code Cong. & Ad. News 2213, 2220, that Congress intended the Age Discrimination Act to be applied on a case-by-case basis, rather than adopting formalistic approaches:

The case-by-case basis should serve as the underlying rule in the administration of the legislation. Too many different types of situations in employment occur for the strict application of general prohibitions and provisions.

See also Wilson v. Sealtest Foods Div. of Kraft Co., 501 F.2d 84 (5th Cir. 1974); Marshall v. Hills Bros., 432 F.Supp. 1320 (N.D.Cal.1977).