At page 586 Reviewing jury verdicts and evidence in employment discrimination cases26 citing casesholding that defendant’s failure to comply with its own RIF policy allowed jury to conclude RIF was pretextual
- Williams v. Johnson, 278 F.R.D. 1 (D.D.C. 2011).publishedCo., 785 F.2d 584, 586 (7th Cir.1986), and that live testimony is often essential to putting the jury in a position to assess a witness’s credibility.
- Pickett v. Sheridan Health Care Ctr., 610 F.3d 434 (7th Cir. 2010).publishedCo., 785 F.2d 584, 586 (7th Cir.1986).
- Tharon Paup v. Gear Prods., Inc., 411 B.R. 100 (10th Cir. 2009).unpublished(employer’s failure to comply with its own policy allowed jury to infer pretext)
- Jailall v. North Carolina Dep't of Pub. Instruction, 675 S.E.2d 79 (N.C. Ct. App. 2009).published(holding that failure of defendant to comply with its own RIF policy allowed jury to conclude RIF was pretextual)
- United States Ex Rel. Tyson v. Amerigroup Illinois, Inc., 488 F. Supp. 2d 719 (N.D. Ill. 2007).publishedCo., 785 F.2d 584, 586 (7th Cir.1986); “any conflicts in the evidence must be resolved in favor of the resisting party, and every permissible inference favoring that party which can be drawn from the evidence must be drawn.” Pieczynski v.…
- Myers v. Colgate-Palmolive Co., 102 F. Supp. 2d 1208 (D. Kan. 2000).published(holding that defendant’s failure to comply with its own RIF policy allowed jury to conclude RIF was pretextual)
- Beaird v. Seagate Tech., Inc., 145 F.3d 1159 (10th Cir. 1998).published (holding that failure of defendant to comply with its own RIF policy allowed jury to conclude RIF was pretextual)
- Talitha TINCHER, Plaintiff-Appellee, v. WAL-MART STORES, INC., Defendant-Appellant, 118 F.3d 1125 (7th Cir. 1997).publishedCo., 785 F.2d 584, 586 (7th Cir.1986).
- Emmel v. Coca-Cola Bottling Co. of Chicago, 95 F.3d 627 (7th Cir. 1996).publishedCo., 785 F.2d 584, 586 (7th Cir.1986). “[W]e are particularly careful in employment discrimination cases to avoid supplanting our view of the credibility or weight of the evidence for that of both the jury (in its verdict) and in the judge…
- 72 Fair empl.prac.cas. (Bna) 1811, 69 Empl. Prac. Dec. P 44,303 Karen M. Emmel v. Coca-Cola Bottling Co. of Chicago, Also Known as Hondo, Inc., 95 F.3d 627 (7th Cir. 1996).publishedCo., 785 F.2d 584, 586 (7th Cir.1986). "[W]e are particularly careful in employment discrimination cases to avoid supplanting our view of the credibility or weight of the evidence for that of both the jury (in its verdict) and in the judge…
Show 16 more citing cases
- Sharon Bonds v. Dist. of Columbia & Dir., Dist. of Columbia Dep't of Corr., 93 F.3d 801 (D.C. Cir. 1996).publishedCo., 785 F.2d 584, 586 (7th Cir.1986) (“Employment discrimination cases in particular often involve ‘sensitive and difficult’ issues of fact....
- Eugene Pierce v. The Atchison, Topeka & Santa Fe Ry. Co., D/B/A Santa Fe R.R. Co., Cross-Appellee, 65 F.3d 562 (7th Cir. 1995).published Co., 785 F.2d 584, 586-87 (7th Cir.1986), where we upheld a verdict for the plaintiff who had shown that the company's decision that another employee was superior was suspect and that the company may not have been reducing its workforce. 4…
- Campbell v. Fasco Indus., Inc., 861 F. Supp. 1385 (N.D. Ill. 1994).published(proof of pretext where plaintiff offered evidence showing his evaluations were based on objective criteria while younger employee’s evaluations were wholly subjective)
- Rudolph Schlosser v. Culligan Int'l Corp., 23 F.3d 410 (7th Cir. 1994).published(younger employee evaluated on less demanding tasks)
- Marion Bojda v. Black Dot Graphics, Inc., 12 F.3d 1100 (7th Cir. 1994).unpublished(upholding jury finding that employer's reason of "standard policy" was pretextual were plaintiff produced evidence that employer's own managers did not know of policy)
- Joseph D. GIACOLETTO, Sr., Plaintiff-Appellee, v. AMAX ZINC Co., INC., Defendant-Appellant, 954 F.2d 424 (7th Cir. 1992).published(upholding jury verdict of pretext when employer relied on subjective judgment about plaintiff’s capabilities even though plaintiff was objectively superior to employee who was not fired)
- Peter D. Perfetti v. The First Nat'l Bank of Chicago, 950 F.2d 449 (1st Cir. 1992).published (upholding jury’s finding that proffered justification of “standard policy” was pretextual when plaintiff presented evidence that employer’s own managers did not know of policy and that policy would not have produced cla…)
- Spina v. Mgmt. Recruiters of O'Hare, 764 F. Supp. 519 (N.D. Ill. 1991).publishedCo., 785 F.2d 584, 586 (7th Cir.1986). 19.
- Robert L. Phelps v. St. Catherine Hosp., 908 F.2d 975 (7th Cir. 1990).unpublishedCo., 785 F.2d 584, 586 (7th Cir.1986).
- 52 Fair empl.prac.cas. 1238, 53 Empl. Prac. Dec. P 39,897, 30 Fed. R. Evid. Serv. 249 George F. Hybert v. The Hearst Corp., 900 F.2d 1050 (7th Cir. 1990).published (quotations and citations omitted)
- Hybert v. Hearst Corp., 900 F.2d 1050 (7th Cir. 1990).published (quotations and citations omitted)
- Jardien v. Winston Network, Inc., 888 F.2d 1151 (7th Cir. 1989).published Co., 785 F.2d 584, 585-86 (7th Cir.1986).
- 52 Fair empl.prac.cas. 1379, 51 Empl. Prac. Dec. P 39,447 Andrew N. Jardien v. Winston Network, Inc., a Delaware Corp. & Am. Media Network, a Delaware Corp., 888 F.2d 1151 (7th Cir. 1989).published Co., 785 F.2d 584, 585-86 (7th Cir.1986). 14 Using this standard, we find abundant evidence in the record to support the jury verdict for Jardien.
- Khan v. Grotnes Metalforming Sys., Inc., 679 F. Supp. 751 (N.D. Ill. 1988).publishedCo., 785 F.2d 584, 586 (7th Cir.1986); Parker v. Federal National Mortgage Association, 741 F.2d at 977 .
- Zick v. Verson Allsteel Press Co., 644 F. Supp. 906 (N.D. Ill. 1986).publishedFurther, he has offered nothing to undermine the credibility of Verson’s articulated nondiscriminatory reasons on their own terms — the approach taken by plaintiff in Christie v. Foremost Insurance Co., 785 F.2d 584, 586-87 (7th Cir.1986),…
- Charles DALE, Plaintiff-Appellant, v. CHICAGO TRIBUNE Co., Defendant-Appellee, 797 F.2d 458 (7th Cir. 1986).publishedSee Christie v. Foremost Insurance Co., 785 F.2d 584, 586 (7th Cir.1986); La Montagne, 750 F.2d at 1414 .
At page 585 Reviewing evidence for sufficiency of verdict17 citing cases
- Luther Artis, Cross-Appellant v. Hitachi Zosen Clearing, Inc., Cross-Appellees, 967 F.2d 1132 (7th Cir. 1992).published Co., 785 F.2d 584, 585-86 (7th Cir.1986); see also Tennes v. Massachusetts Dept. of Revenue, 944 F.2d 372 , 377-78 (7th Cir.1991).
- 56 Fair empl.prac.cas. (Bna) 1664, 57 Empl. Prac. Dec. P 41,006 Joseph F. Tennes, Cross-Appellant v. Commonwealth of Massachusetts, Dep't of Revenue & Stephen W. Kidder, as Comm'r, Commonwealth of Massachusetts, Dep't of Revenue, Cross-Appellees, 944 F.2d 372 (7th Cir. 1991).publishedCo., 785 F.2d 584, 585-86 (7th Cir.1986).
- Tennes v. Massachusetts, Dep't of Revenue, 944 F.2d 372 (7th Cir. 1991).publishedCo., 785 F.2d 584, 585-86 (7th Cir.1986).
- 52 Fair empl.prac.cas. 1238, 53 Empl. Prac. Dec. P 39,897, 30 Fed. R. Evid. Serv. 249 George F. Hybert v. The Hearst Corp., 900 F.2d 1050 (7th Cir. 1990).published On review of [a district court's denial of] a motion for judgment n.o.v., we draw all reasonable inferences and resolve all conflicts in the evidence in [the prevailing party's] favor. 13 Christie v. Foremost Insurance Co., 785 F.2d 584, 5…
- Hybert v. Hearst Corp., 900 F.2d 1050 (7th Cir. 1990).published Christie v. Foremost Insurance Co., 785 F.2d 584, 586 (7th Cir.1986) (quotations and citations omitted).
- Jardien v. Winston Network, Inc., 888 F.2d 1151 (7th Cir. 1989).published Co., 785 F.2d 584, 585-86 (7th Cir.1986).
- 52 Fair empl.prac.cas. 1379, 51 Empl. Prac. Dec. P 39,447 Andrew N. Jardien v. Winston Network, Inc., a Delaware Corp. & Am. Media Network, a Delaware Corp., 888 F.2d 1151 (7th Cir. 1989).published Co., 785 F.2d 584, 585-86 (7th Cir.1986). 14 Using this standard, we find abundant evidence in the record to support the jury verdict for Jardien.
- Idris Ibrahim Siddiqi v. Spencer Leak, in His Off. Capacity as Exec. Dir. of the Cook Cnty. Dep't of Corr., 880 F.2d 904 (7th Cir. 1989).publishedCo., 785 F.2d 584, 585-86 (7th Cir.1986).
- Derance, Inc., a Wisconsin Not for Profit Corp. v. Painewebber Inc., a Delaware Corp., & Paul Sarnoff, 872 F.2d 1312 (7th Cir. 1989).publishedCo., 785 F.2d 584, 585-86 (7th Cir.1986)); accord Eisenberg v. Gagnon, 766 F.2d 770, 778-79 (3d Cir.1985); U.C.
- 47 Fair empl.prac.cas. 1623, 47 Empl. Prac. Dec. P 38,340 E. Theodore Overgard, Cross-Appellant. v. Cambridge Book Co., an Unincorporated Div. or Trade Name of Learning Trends, Inc., Cross-Appellee, 858 F.2d 371 (7th Cir. 1988).publishedCo., 785 F.2d 584, 585-86 (7th Cir.1986).
Show 7 more citing cases
- Overgard v. Cambridge Book Co., 858 F.2d 371 (7th Cir. 1988).publishedCo., 785 F.2d 584, 585-86 (7th Cir.1986).
- Richard Bright D/B/A Augusta Dairies v. Land O'lakes, Inc. & Norris Creameries, Inc., 844 F.2d 436 (7th Cir. 1988).publishedCo., 785 F.2d 584, 585-86 (7th Cir.1986).
- Collins v. State of Illinois, 830 F.2d 692 (7th Cir. 1987).publishedWe determine whether the evidence presented, combined with all reasonable inferences that may be drawn from it, is sufficient to support the verdict when viewed in the light most favorable to the party winning the verdict." Christie v. For…
- Collins v. State, 830 F.2d 692 (7th Cir. 1987).publishedWe determine whether the evidence presented, combined with all reasonable inferences that may be drawn from it, is sufficient to support the verdict when viewed in the light most favorable to the party winning the verdict.” Christie v. For…
- Gunther GRAEFENHAIN & Philip Miller, Plaintiffs-Appellants, v. PABST BREWING Co., Defendant-Appellee, 827 F.2d 13 (7th Cir. 1987).published Co., 665 F.2d 149 (7th Cir.1981); Christie v. Foremost Insurance Co., 785 F.2d 584, 585 (7th Cir.1986).
- John J. JANG, Plaintiff-Appellant, v. BILTMORE TIRE CO., INC., Defendant-Appellee, 797 F.2d 486 (7th Cir. 1986).published See Christie, 785 F.2d at 585.
- Donald YARBROUGH, Plaintiff-Appellee, v. TOWER OLDSMOBILE, INC., & Neil Burgess, Defendants-Appellants, 789 F.2d 508 (7th Cir. 1986).published See, e.g., Christie v. Foremost Insurance Co., 785 F.2d 584, 585 (7th Cir. Mar. 6, 1986); Ramsey, 772 F.2d at 1307 ; La Montagne, 750 F.2d at 1410 .
At page 587 Inferring pretext from lack of policy adherence9 citing casesthe method used by the defendant might “show that the defendant was not really trying to decide which employee had greater poten *1366 tial
- James E. Matthews v. Commonwealth Edison Co., 128 F.3d 1194 (7th Cir. 1998).publishedCo., 785 F.2d 584, 587 (7th Cir.1986).
- Matter of Interco Inc., 211 B.R. 667 (Bankr. E.D. Mo. 1997).published(quoted in Hillebrand v. M-Tron Indus., Inc., 827 F.2d 363 , 367 (8th Cir.1987))
- Fink v. Kitzman, 881 F. Supp. 1347 (N.D. Iowa 1995).published(the method used by the defendant might “show that the defendant was not really trying to decide which employee had greater poten *1366 tial)
- William D. HARDIN, Plaintiff-Appellant, v. HUSSMANN Corp., Defendant-Appellee, 45 F.3d 262 (8th Cir. 1995).published (the method used by the defendant might “show that the defendant was not really trying to decide which employee had greater potential)
- Richard Sprague v. Navistar Int'l Transp. Corp., 41 F.3d 1511 (7th Cir. 1994).unpublishedGlover v. McDonnell Douglas Corp., 981 F.2d 388, 393 (8th Cir.1992); Christie v. Foremost Insurance Co., 785 F.2d 584, 587 (7th Cir.1986).
- William F. GLOVER, Plaintiff-Appellee, v. McDONNELL DOUGLAS CORP., Defendant-Appellant, 981 F.2d 388 (8th Cir. 1993).publishedCo., 785 F.2d 584, 587 (7th Cir.1986)).
- 44 Fair empl.prac.cas. 1200, 44 Empl. Prac. Dec. P 37,344, 45 Empl. Prac. Dec. P 37,653 Ernest Hillebrand v. M-Tron Indus., Inc., a South Dakota Corp., 827 F.2d 363 (8th Cir. 1987).publishedGranted this is a fine line, but the law often places such a burden on the jury. 17 Id. at 587 (emphasis added). 18 Christie is distinguishable, of course, because the prima facie case was not at issue.
- Hillebrand v. M-Tron Indus., Inc., 827 F.2d 363 (8th Cir. 1987).publishedId. at 587 (emphasis added).
- Bonnie J. Benzies v. Illinois Dep't of Mental Health & Developmental Disabilities, Defendant, 810 F.2d 146 (7th Cir. 1987).publishedCf. Christie v. Foremost Insurance Co., 785 F.2d 584, 587 (7th Cir.1986).
v.
Foremost Insurance Company
A jury found that Foremost Insurance Company (“Foremost”) engaged in illegal age discrimination when it fired the plaintiff, Richard Christie, and replaced him with a younger, less experienced employee. Foremost concedes that Christie established a prima facie case of age discrimination, but argues that Christie failed to present sufficient evidence that Foremost’s proffered nondiscriminatory explanation was merely a pretext. Foremost appeals the district court’s denial of Foremost’s motion for judgment notwithstanding the verdict, or in the alternative for a new trial. We affirm.
I. FACTS
Foremost Insurance Company specializes in selling insurance for mobile homes and recreational vehicles. In late 1975 or early 1976, Foremost hired Richard Christie, who was then forty-five years old, to be Foremost’s district manager in the southeastern district of Michigan. Christie regularly received “excellent” ratings from his supervisors at Foremost and Foremost never questioned his competence.
On November 4, 1980, Christie’s division manager Paul Forsthoefel telephoned Christie to set up a meeting for November 5. At that meeting, Forsthoefel informed Christie he was “terminated,” and handed Christie a letter explaining that Foremost found it “necessary to implement a reduction in our field sales staff in Michigan.” The letter, dated November 4, informed Christie he was terminated as of November 7, 1980. In Foremost’s final status report on Christie, dated November 7, 1980, Christie was again rated “excellent.” Christie, who was forty-nine when fired, was replaced by Danny Starnes, who was thirty-two years old and had begun working for Foremost in January, 1979.
II. DISCUSSION
In LaMontagne v. American Convenience Products, Inc., 750 F.2d 1405 (7th Cir.1984), Judge Eschbach carefully set out the law governing claims of age discrimination, see Age Discrimination in Employment Act, 29 U.S.C. § 623(a) (“ADEA”), based upon an employer’s decision to terminate an employee. 750 F.2d at 1409-10. It is therefore unnecessary for us to review the law in great detail. Foremost concedes that Christie made out a prima facie case, which created a rebuttable presumption of age discrimination. See id. at 1409. Foremost contends, however, that it met its burden of production by articulating a lawful reason for Christie’s discharge, and Christie failed to meet his burden of proving that Foremost’s proffered reasons were merely a pretext. See id. Foremost claims, therefore, that the trial court erred by refusing to grant Foremost’s motion for a judgment notwithstanding the verdict.
In reviewing a district court’s decision whether to grant a judgment n.o.v., we examine whether there is substantial evidence to support the jury verdict. We de[*586] termine whether the evidence presented, combined with all reasonable inferences that may be drawn from it, is sufficient to support the verdict when viewed in the light most favorable to the party winning the verdict. Id. at 1410.
Foremost offered a nondiscriminatory reason to legitimize its decision to fire Christie. Foremost said that Christie’s termination occurred as part of a legitimate reduction in force. Foremost further claims it terminated Christie and replaced him with Starnes because Foremost’s supervisors concluded that Starnes would perform better in an economic recession. Foremost contends that Christie failed to prove that the reduction in force was a pretext for firing Christie. Foremost claims that “Christie’s age discrimination case rested on nothing more than his beliefs and feelings and other evidence which, as a matter of law, does not create an inference of age discrimination.”
Foremost claims that, in order to prove pretext, a plaintiff like Christie must present evidence of either (1) age-related comments, (2) statistics of disparate effect on employees aged 40-70, (3) more favorable treatment of similarly situated employees under 40, or (4) the falseness of the employer’s reasons for termination. Foremost contends that Christie presented no evidence of the first three, and failed to establish the fourth. Christie contends that he proved Foremost’s proffered reasons were “unworthy of credence.” See id. at 1409; Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 253-56, 101 S.Ct. 1089, 1093-95, 67 L.Ed.2d 207 (1981).
Foremost acknowledges that we apply a stringent standard in reviewing a jury’s verdict. Employment discrimination cases in particular often involve “sensitive and difficult” issues of fact. See U.S. Postal Service v. Aikens, 460 U.S. 711, 716, 103 S.Ct. 1478, 1482, 75 L.Ed.2d 403 (1983). Plaintiffs often have great difficulty in gathering information and can present only circumstantial evidence of discriminatory motives. See Cuddy v. Carmen, 694 F.2d 853, 859 (D.C.Cir.1982). The credibility of witnesses is often crucial. On review of a motion for judgment n.o.v., we draw all reasonable inferences and resolve all conflicts in the evidence in Christie’s favor. LaMontagne, 750 F.2d at 1410. Using this standard, we find that Christie presented substantial evidence that Foremost's proffered explanations were merely a pretext for age discrimination.
First of all, Christie presented evidence of his consistent excellent ratings from his supervisors. He also presented evidence that the evaluations which allegedly showed Starnes was a superior employee were suspect. Unlike Christie's evaluations which were based primarily upon achieving objective goals, Starnes’, evaluation was wholly subjective. Furthermore, Christie presented evidence suggesting that Foremost ignored much relevant data. Finally, Christie showed that many of the items on which Starnes was evaluated were “soft” — such as completing most of the company’s twenty-three instruction manuals and obtaining a necessary insurance license. Starnes’ evaluation rested entirely upon Forsthoefel’s personal opinion, and Forsthoefel’s credibility was very much at issue in this case because he was the Foremost manager who initiated the decision to fire Christie.
Foremost argues that Christie’s prior excellent ratings were insufficient as a matter of law to prove pretext, citing LaMontagne. In LaMontagne, the court merely said that the defendant “advanced specific reasons for [the plaintiff’s] discharge, and [the plaintiff’s] rebuttal evidence should be focused on them.” 750 F.2d at 1414. In LaMontagne, the defendant claimed that it fired the plaintiff because of persistent communication problems. Unlike LaMontagne, in this case Foremost claimed that Starnes was a better person for the job. Therefore, Christie’s evidence of excellent work was responsive to Foremost’s proffered reason for the discharge.
Christie also presented evidence from ' which the jury could have found that Foremost did not comply with its own reduction[*587] in force policy and thus was probably not making a legitimate reduction in force. One of the Foremost managers who decided to terminate Christie, Ronald Crippin, did not even know that Foremost had a policy governing reductions in force. A jury could infer from this fact that Foremost was not actually making a reduction in force, because if it was its managers would have known of or located the company policy and followed it. Christie also presented evidence from which the jury could have inferred that had Foremost actually followed its own reduction in force policy, Christie would not have been discharged.
Christie presented other evidence which, with the evidence discussed above, was substantial enough to persuade the jury that Foremost’s proffered reasons either had “no basis in fact, or, if they [had] a basis in fact, ... were not really factors motivating the discharge.” 750 F.2d at 1414-15. Christie’s proof that Foremost’s explanation was unworthy of credence is sufficient to affirm the district court’s decision to deny Foremost’s motion for judgment n.o.v. Id. at 1409.
One final argument by Foremost deserves special mention, however. Foremost alleges that rather than producing evidence of pretext, Christie merely invited the jury to second-guess Foremost’s business judgment. Foremost is correct that a plaintiff cannot argue that the defendant made a bad business decision in choosing between two employees to discharge. For example, in this case Christie could not prevail by arguing that Foremost used poor judgment in replacing him with Starnes.
Christie’s argument was different, however. He argued not that Foremost used the wrong criteria and bad judgment in terminating him as part of a reduction in force, but rather that Foremost never made a decision about who to terminate as part of a reduction in force. Christie argued that Foremost merely used the reduction-in-force rationale as a pretext to cover age discrimination. A plaintiff cannot argue that the defendant showed bad judgment in deciding another employee had greater potential, but he can argue that the method used by the defendant showed that the defendant was not really trying to decide which employee had greater potential. Granted this is a fine line, but the law often places such a burden on the jury. Foremost does not contend that at any time during trial the court allowed Christie to invite the jury to second-guess Foremost’s business judgment. Neither does Foremost allege that the jury instructions impermissibly invited the jury to second-guess Foremost’s business judgment. Therefore, we conclude that Foremost’s statement of the law is accurate, but inapplicable to this case.
III. CONCLUSION
Richard Christie presented sufficient evidence to support the jury’s finding that Foremost engaged in illegal age discrimination when it fired Christie. In particular, Christie presented sufficient evidence that Foremost’s proffered explanation was unworthy of credence and thus merely a pretext for discrimination. The district court’s denial of Foremost’s motion for a judgment n.o.v. is thus
Affirmed.