[DOWNLOAD] "Mccorstin v. United States Steel Corp." by Fifth Circuit United States Court Of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Mccorstin v. United States Steel Corp.
- Author : Fifth Circuit United States Court Of Appeals
- Release Date : January 16, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
In this appeal this court must decide the parameters of a prima facie case filed under the Age Discrimination in Employment Act. The action was filed by a former employee of U.S. Steel Corporation who had given notice to the Secretary of Labor alleging violations of the ADEA. During pretrial, the district court denied the appellant's motion for class certification on the ground that the members of the putative class had not ""opted in"" to the action by giving notice to the Department of Labor. The court denied motions to intervene filed by six other employees on the same ground. The district court refused to compel discovery into the appellee's company-wide policy concerning reduction in work forces. Additionally, the district court denied McCorstin's motion for a jury trial. After McCorstin had presented evidence, the district court rendered a directed verdict against the appellant on the ground that a prima facie case of age discrimination had not been demonstrated, citing McDonnell Douglas v. Green, 411 U.S. 792, 93 S. Ct. 1817, 36 L. Ed. 2d 668 (1973). Although we affirm the district court with respect to class certification, we reverse the directed verdict decision and remand for a jury trial on the merits, after a suitable period for renewed discovery. Based upon the testimony and depositions before the court, the salient facts may be summarized as follows: The appellant initially began employment with the appellee United States Steel Corporation in 1940. Following interruptions for service in World War II and college, in 1947 McCorstin resumed his career with appellee as an industrial engineer. He remained with U.S. Steel until January 13, 1972 when he was terminated pending early retirement at the age of fifty-one.