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Jacobs v. General Electric Co.9/13/2005
This appeal arises out of an employment discrimination action brought by the plaintiff, Stephen M. Jacobs, against the defendant, General Electric Company, alleging age discrimination in a decision to lay off the plaintiff as part of a reduction in the defendant's workforce. The dispositive issues in this appeal are whether the trial court properly charged the jury regarding the plaintiff's burden of proof with regard to discrimination, and whether the trial court improperly admitted lay opinion testimony regarding the reason for the plaintiff's termination. We agree with the plaintiff that the trial court's instruction to the jury was improper and that the trial court improperly admitted lay opinion testimony regarding the reasons for the plaintiff's termination, and, accordingly, we reverse the judgment of the trial court.
The jury reasonably could have found the following facts. In July, 1996, six months before his fiftieth birthday, the plaintiff commenced employment at the defendant's Bridgeport plant as manager of fabrication and sourcing. The plaintiff did not hold an engineering degree, which was one of the minimum qualifications for the position, but he did have significant relevant employment experience in the plastics industry. The plaintiff received favorable performance evaluations in February, 1997, June, 1999, and July, 2000. As part of each evaluation, however, the plaintiff was told that he needed to develop greater knowledge of materials management at the Bridgeport facility.
The plaintiff continued to work for the defendant until March, 2001, at which point the defendant laid off the plaintiff as part of a reduction in the defendant's workforce. At the time of his layoff, the plaintiff was fifty-four years of age. Following the plaintiff's layoff, the defendant continued to employ four salaried, manufacturing-related employees in positions similar to the one that the plaintiff had held. All of the four remaining employees had degrees in either mechanical or electrical engineering, which the plaintiff did not possess. Following the plaintiff's layoff, three of the remaining four manufacturing-related employees assumed the responsibilities of the plaintiff's former position. Two of those three employees were younger than the plaintiff, and one of those two employees held less job seniority than the plaintiff.
The jury reasonably could have believed the testimony of Edward Belanger, the defendant's manager of human resources, and Brian Hill, the defendant's manager of manufacturing and acting plant manager, regarding the defendant's reason for laying off the plaintiff. Both managers testified that their decision to include the plaintiff in a workforce reduction was based on the plaintiff's lack of relevant experience and skills, which made him the most expendable member of the defendant's manufacturing operation. Belanger further testified that the defendant's decision to lay off the plaintiff was made easier by the fact that the plaintiff had stated his intention to leave employment with the defendant and take a different job. Additional facts will be set forth as necessary.
Following the plaintiff's layoff, he filed a complaint with the commission on human rights and opportunities (commission), alleging age discrimination in violation of General Statutes § 46a-60, a provision of the Connecticut Fair Employment Practices Act. See General Statutes § 46a-51 et seq. The plaintiff subsequently received a release of jurisdiction from the commission, after which he filed this complaint in the trial court. Following a jury trial, the jury returned a verdict in favor of the defendant, and the trial court rendered judgment in accordance with the verdic
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