Marshall v. Goodyear Tire & Rubber Co.

554 F.2d 730 (5th Cir. 1977)

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Nature of the Case

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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.