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Herbert Zimmer Sallie Zimmer v. Consolidated Electrical Distributors, Inc., a Delaware Corporation

Citation: 37 F.3d 1508Docket: 93-35694

Court: Court of Appeals for the Ninth Circuit; November 21, 1994; Federal Appellate Court

Narrative Opinion Summary

The case involves plaintiffs Herbert Zimmer and Sallie Zimmer, who sued Consolidated Electrical Distributors, Inc. (CED) for age discrimination under the Age Discrimination in Employment Act (ADEA). The dispute centered on Zimmer's reassignment and subsequent termination, which the plaintiffs argued constituted age discrimination. CED defended its actions by citing performance-related complaints from the Allen-Bradley product line, which Zimmer contested. During the trial, the judge allowed testimony on alleged ageist comments by a CED manager but excluded critical cross-examination and testimonies concerning Zimmer's sales performance and Allen-Bradley's dissatisfaction. The appellate court determined that these exclusions constituted a prejudicial error, as they impeded CED's ability to present a full defense. Consequently, the appellate court reversed the lower court's decision and remanded the case for a new trial, emphasizing the necessity for CED to present evidence supporting its legitimate reasons for Zimmer's reassignment and termination. The ruling was not designated for publication, thus limiting its precedential impact.

Legal Issues Addressed

Age Discrimination under the ADEA

Application: The case examines claims of age discrimination against an employer under the Age Discrimination in Employment Act, focusing on whether the plaintiff's reassignment and termination were due to age bias.

Reasoning: The case involves Herbert Zimmer and Sallie Zimmer as plaintiffs against Consolidated Electrical Distributors, Inc. (CED), with the central issue being age discrimination under the Age Discrimination in Employment Act (ADEA).

Appellate Review of Trial Court Evidentiary Decisions

Application: The appellate court identified and corrected the trial court's error in excluding evidence, reversing the decision and remanding for a new trial to ensure the defendant could adequately present its case.

Reasoning: The appellate court concluded that the trial judge operated under a mistaken legal view that limited CED’s ability to substantiate its defense, leading to a prejudicial error.

Exclusion of Evidence in Employment Discrimination Cases

Application: The court addressed the erroneous exclusion of evidence that could support the employer's defense in an age discrimination case, underscoring the importance of allowing cross-examination and testimony to substantiate legitimate reasons for employment decisions.

Reasoning: The court found that the trial judge erroneously excluded critical evidence that could have supported CED’s defense.