MARSHALL V. GOODYEAR TIRE & RUBBER CO.
554 F.2d 730 (5th Cir. 1977)
NATURE OF THE CASE: Goodyear (D) challenged a judgment of the United States District
Court for the Middle District of Florida, which found that D had violated the Age
Discrimination in Employment Act of 1967, 29 U.S.C.S. 621 et seq., which granted a
nationwide injunction, and which enjoined D from withholding P's lost wages plus interest.
The district court found that D failed to show good cause for the discharge.
FACTS: The Secretary of Labor (P) sued D alleging a violation of the Age Discrimination
in Employment Act of 1967 ('ADEA'). D is engaged in the operation of retail service stores,
including one in Auburndale, Florida. On June 12, 1973, Reed (age 57) was hired by the
Florida store to do sales and collection work. Reed was specifically because of his age, as
he was more mature and stable individual than the younger people who usually applied for the
position. Within two weeks, it was determined that Reed was unable to do the job. Eventually
D discharged Reed on August 11, 1973, telling him either that he did not fit the new
manager's plans or that his performance was not up to expectations. Shortly thereafter an
employment advertisement was placed in a local newspaper requesting sales applicants between
the ages of 19 and 26. Reed's position ultimately was filled by Terry Gray, age 19.
Investigations also uncovered evidence that age preferences were stated in D job orders
placed with a local employment agency. The district judge made no express findings as to the
job order incidents. He did find that Reed was discharged in violation of 29 U.S.C.
623(a)(1), ADEA 4(a)(1). The court then permanently enjoined D from violating section 4(a)
of the ADEA, and enjoined it from withholding lost wages due Reed in the total amount of
$2,963.63 plus interest. D appealed: This limited finding does not warrant such broad
injunctive relief.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment