Farmer v. Colorado & Southern Railway Co.
Farmer v. Colorado & Southern Railway Co.
Opinion of the Court
This is a case of alleged sex discrimination brought under Title VII by a discharged employee. After a trial to the court, judgment was entered in favor of the defendant-employer, The Colorado & Southern Railway Company. The plaintiff, Linda Farmer, appeals. We affirm.
On May 22, 1978, Linda Farmer, then nineteen years of age, was hired by The Colorado & Southern Railway Company as a student “switchman-brakeman”
Ms. Farmer was discharged from her probationary employment on July 14, 1978, because of her alleged inability to perform the duties required of a switchperson-brakeperson, namely, she was unable to “throw” and “line” switches on several occasions.
Ms. Farmer instituted the present action against The Colorado & Southern Railway Company, pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., claiming that she was discharged because of her gender. At the conclusion of the plaintiffs evidence, the district court denied the defendant’s motion to dismiss, ruling that the plaintiff had made out a prima facie case of employment discrimination based on gender. The railway then called six witnesses. No rebuttal testimony was offered.
In her findings of facts and conclusions of law, the district judge, the Honorable Zita L. Weinshienk, followed the allocation of burdens and order of proof in a Title VII case as set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973) and Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). In particular, Judge Weinshienk ruled that the defendant had articulated a legitimate, nondiscriminatory reason for terminating Ms. Farmer’s probationary employment, namely, her repeated inability to throw and line switches.
In this court, as in the trial court, much of the focus is on Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). Ms. Farmer asserts that the district judge misunderstood and misapplied Burdine. We think not. That part of Burdine which has particular present pertinency reads as follows:
The burden that shifts to the defendant, therefore, is to rebut the presumption of discrimination by producing evidence that the plaintiff was rejected, or someone else was preferred, for a legitimate, nondiscriminatory reason. The defendant need not persuade the court that it was actually motivated by the proffered reasons. See [Board of Trustees of Keene State College v.] Sweeney, supra [439 U.S. 24], at 25 [99 S.Ct. 295 at 296, 58 L.Ed.2d 216 (1978)]. It is sufficient if the defendant’s evidence raises a genuine issue of fact as to whether it discriminated against the plaintiff. To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiff’s rejection. The explanation provided must be legally sufficient to justify a judgment for the defendant. If the defendant carries this burden of production, the presumption raised by the prima facie case is rebutted, and the factual inquiry proceeds to a new level of specificity. Placing this burden of production on the defendant thus serves simultaneously to meet the plaintiff’s prima facie case by presenting a legitimate reason for the action and to frame the factual issue with sufficient clarity so that the plaintiff will have a full and fair opportunity to demonstrate pretext. The sufficiency of the defendant’s evidence should be evaluated by the extent to which it fulfills these functions.
The plaintiff retains the burden of persuasion. She now must have the opportunity to demonstrate that the proffered reason was not the true reason for the employment decision. This burden now merges with the ultimate burden of persuading the court that she has been the victim of intentional discrimination. She may succeed in this either directly by persuading the court that a discriminatory reason more likely motivated the employer or indirectly by showing that the employer’s proffered explanation is unworthy of credence. See McDonnell Douglas, 411 U.S., at 804-805 [93 S.Ct. at 1825-1826].
450 U.S. at 254-56, 101 S.Ct. at 1094-95.
In our view, the district judge followed the mandate of Burdine. After finding that Ms. Farmer had proven a prima facie case of gender discrimination, she found that the evidence adduced by the defendant articulated a legitimate, nondiscriminatory reason for Ms. Farmer’s discharge, i.e., her inability to do the work of a switchperson.
Also in line with Burdine, the district judge found that, based on the entire evidentiary record, Ms. Farmer failed to preponderate on the question of whether the reason offered by the defendant was pretextual. That finding also finds support in the record. The overall “factual inquiry” in a Title VII case is “whether the defendant intentionally discriminated against the plaintiff.” United States Postal Serv. Bd. v. Aikens, _ U.S. _, 103 S.Ct. 1478, 1482, 75 L.Ed.2d 403 (1983), quoting Burdine, 450 U.S. at 253, 101 S.Ct. at 1093. Ms. Farmer was by no means the first probationary employee whose employment was terminated.
Judgment affirmed.
. A switchman-brakeman is responsible for assembling the railroad cars and throwing the necessary switches so that the trains can pass. A switchman must be able to operate all the different kinds of switches, which include a ground or flopover switch, a spring switch, a power switch, and a standing switch.
. The record reflects that Ms. Farmer had difficulty throwing and lining switches several times during her student runs. The most dam
Reference
- Full Case Name
- Linda L. FARMER, (Formerly Linda L. Levescy) v. The COLORADO AND SOUTHERN RAILWAY COMPANY and United Transportation Union Local 201
- Cited By
- 1 case
- Status
- Published