In this appeal, James Hutson challenges the district court’s 1 decision granting summary judgment against him in his age-discrimination action against the McDonnell Douglas Corporation (McDonnell Douglas). We affirm.
*774 I
Hutson began working for McDonnell Douglas during the 1960s. Over the years, Hutson was employed in a variety of positions; in 1988, he volunteered to work on the “A-12” program for McDonnell Aircraft Company and was transferred accordingly. Hutson’s role in the A-12 program involved making purchases of supplies and materials used in constructing aircraft. In 1991, the Department of Defense terminated the A-12 contract, and McDonnell Douglas therefore instituted a substantial layoff of employees. Hutson was initially one of the employees targeted for layoff, but, rather than being terminated, was reassigned to work on the A-12 “termination project”. Hutson’s new duties involved negotiating settlements with the many suppliers whose contracts McDonnell Douglas no longer needed in light of the termination of the A-12 program.
In 1992, McDonnell Douglas consolidated its component companies, including McDonnell Aircraft Company, into two entities known as McDonnell Douglas Aerospace-East and McDonnell Douglas Aerospace-West. In conjunction with that consolidation, the company decided to further reduce the number of its employees. In addition, McDonnell Douglas asserts, and Hutson does not contest, that there was a diminished need for employees in the A-12 termination project as the various supplier contracts were resolved.
In order to effectuate its 1992 employee-reduction goal, McDonnell Douglas instituted a program called “Relative Assessment Scoring”. Under this program, individual managers were asked to assign rankings to their employees with respect to a variety of specific factors, including present performance, past performance, merit pay increases, responsibility, experience, leadership, education and training, and personal commitment. Each ranking corresponded to a specific number of relative assessment “points”, the sum of which constituted the employee’s overall relative assessment score. The relative assessment program weighted present performance much more heavily than past performance: only 10 relative assessment “points” were available for past performance, while 26 were available for present performance.
Daryl Yochum, Hutson’s supervisor, completed a relative assessment for Hutson, as he did for the ten other employees under his supervision. Based on Yochum’s rankings, Hutson’s total relative assessment score was 37 out of a possible 100 points. This score placed Hutson fifth from the bottom of some 155 employees at his grade level working in procurement. After the relative assessment scoring was completed, Yochum recommended to his superior, Jack House, that Hutson be designated for layoff, and House concurred. Hutson was then laid off; he was 53. The only other person under Yochum’s supervision released was Deborah Parent, then 31.
Throughout this litigation, Hutson has relied upon five pieces of circumstantial evidence to support his claim of age discrimination. First, Hutson points out, correctly, that his evaluations at McDonnell Douglas were almost uniformly positive. In 1987, for example, Hutson received two ratings of “Competent”, in 1988 and 1989, he was rated as “Superior”, and for 1990 he received a rating of “Meets Expectations”.
Second, Hutson relates that after he received notice of the company’s intent to terminate him during the first round of layoffs but before he was reassigned to the A-12 termination project, he wrote a letter to the chairman of McDonnell Douglas complaining that his scheduled layoff was unfair and possibly discriminatory. Hutson asserts that his reassignment to the A-12 termination project was a direct result of this letter. Moreover, Hutson contends that when he returned to work, his then-supervisor Norm Tuffli congratulated him on the success of his opposition to the layoff, stating that: “He was glad that I had written that letter because they can’t push the old people around in this place like they’re doing.” (Joint App. at 154.)
Third, in 1984, D.A. Jacobs, then-Director of Purchasing, circulated a memorandum asking for recommendations of “high potential” employees to be considered for management advancement. The memorandum specifically asked respondents to identify the *775 age category of the high-potential employees and limited the number of employees per category. While the memorandum was not addressed or copied to Hutson, he nevertheless obtained a copy.
Fourth, in 1986, the Chairman of McDonnell Douglas distributed to employees a document entitled “Five Keys in Perspective”. In this document, the President of McDonnell Douglas, John McDonnell, outlined his “own personal view of MDC’s new management initiatives,” and urged the adoption of a new corporate culture (Joint App. at 131.) Hutson emphasizes that on page 8 of McDonnell’s manifesto, he writes that “there is a less direct but, I believe, equally powerful reason [for the new corporate culture]— namely, our ability to hire and retain the best young people. The work ethic and motivations of people, especially younger people, are changing. No longer are young people willing to put up with the type of rigid, seniority-based command structure that has been the normal organizational form.” (Id. at 132.)
And fifth, Hutson presents a statistical analysis of McDonnell Douglas’ layoffs conducted by Dr. James Evans, a professor of social sciences. Dr. Evans compared the rate of layoff for employees in the St. Louis area that were under 40 years of age with those 53 years of age and older, and determined that the former group of employees had a layoff rate of 8.63%, while the latter had a layoff rate of 26.23%. Based on. these results, Dr. Evans concluded that the differing rates of layoff were consistent with systematic age bias.
Hutson initiated this suit against McDonnell Douglas in May of 1993, alleging violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621,
et seq.
In December of 1994, the district court entered summary judgment against Hutson. After first assuming that Hutson could make out a
prima facie
case of age discrimination under the Supreme Court’s decisions in
McDonnell Douglas Corp. v. Green,
II
In reviewing a district court’s decision to grant summary judgment, this court applies the same standards as the district court.
McLaughlin v. Esselte Pendaflex Corp.,
The touchstone of a claim of disparate treatment under the ADEA, as it is under a number of the other employment-discrimination statutes, is intentional discrimination against the plaintiff.
See Serben v. Inter-City Mfg. Co., Inc.,
In recognition of the fact that explicit, inculpatory evidence of discriminatory intent is rare, see
Gaworski v. ITT Commercial Finance Corp.,
The standard elements of a
prima facie
case of age discrimination in the termination context are: “(1) that [the plaintiff] is within the protected age group; (2) that he met applicable job qualifications; (3) that he was discharged; and (4) that, after his discharge, the position remained open and the employer sought applicants with similar qualifications to fill the position.”
Bashara,
When and if the plaintiff establishes a
prima facie
case of discrimination, the burden of production then shifts to the defendant to articulate a legitimate, non-dis
*777
criminatory reason for the adverse employment action.
Hicks,
— U.S. at--,
Ill
In this case, the district court applied the McDonnell Douglas framework and granted summary judgment in favor of McDonnell Douglas. Assuming for the sake of decision that Hutson had established the elements of a prima facie case of age discrimination, the district court determined that McDonnell Douglas met its burden of production by articulating a legitimate, nondiscriminatory explanation for Hutson’s termination, ie., the RIF and Hutson’s low relative assessment score. For purposes of summary judgment, this meant that the burden shifted back to Hutson to demonstrate the existence of a genuine issue of material fact as to whether McDonnell Douglas’ explanation is a pretext for discrimination. After reviewing each of the pieces of evidence relied upon by Hutson in this regard, the district court concluded that Hutson’s evidence was insufficient. We agree.
Addressing Hutson’s evidence in reverse order, we first take up his statistical analysis of the RIF. Hutson claims that this analysis, which compares the discharge rates of individuals under 40 with those 53 and over throughout the procurement departments in the St. Louis area, demonstrates that the RIF was executed in an age-discriminatory manner and therefore supports a conclusion that McDonnell Douglas’ explanation of Hut-son’s discharge is pretextual.
Hutson’s statistical evidence is not probative of pretext in that it fails to analyze the treatment of comparable employees.
See Harvey v. Anheuser-Busch, Inc.,
MacDissi v. Valmont Industries, Inc.,
Most importantly for this case, MacDissi does not eliminate the requirement that statistics, to be meaningful indicators of pretext, evaluate the treatment of comparable employees. Quite to the contrary, that decision specifically minimizes the evidentiary significance of “company-wide” statistics, like those presented here, to the narrow question of pretext, because such statistics “have relatively little relevance to determining ... discriminatory animus” of the specific manager who made the ultimate decision to terminate. Id. at 1059. Relating the actual analysis conducted by the MacDissi court to this case reveals a second distinction: in that case, the two oldest employees in a small department were terminated; here, one of the oldest employees and one of the youngest employees in a similarly small department were terminated. Contrary to Hutson’s assertions, the outcome in this case is thus not the sort of result “which could cause a reasonable trier of fact to raise an eyebrow.” Id. at 1058. Finally, we specifically distinguished our ruling in MacDissi, where there were “independent, direct grounds” other than the statistics for disbelieving the employer’s explanation, from cases like Holley, “in which a plaintiff seeks to discredit an employer’s proffered non-discriminatory reasons for termination solely by demonstrating an overwhelming statistical probability of discrimination.” Id. As described in more detail below, no independent, direct grounds have been provided for disbelieving McDonnell Douglas’ explanation.
The next three components of Hutson’s assertion of pretext are the two memoranda from the mid-1980s and the statement by Tuffli in 1991. In Hutson’s view, these three pieces of evidence demonstrate the existence of a “youth movement” at McDonnell Douglas. Hutson argues that the district court erred in evaluating this evidence by imposing a requirement that Hutson show some causal relationship between the evidence and his termination. In particular, Hutson claims that under this court’s recent decision in
Hardin v. Hussmann Corp.,
Hutson’s reliance on Hardin is misplaced. In that ease, we considered whether certain statements by individuals not involved in the adverse employment decision and which substantially predated that decision could suffice to make the “additional showing” required by Holley. While not specifically addressing the degree to which a causal relationship between the alleged evidence of discriminatory animus and the adverse employment action need be shown to satisfy Holley, we held that the statements in question, in combination with other evidence, fulfilled the “additional showing” requirement. Under Hardin, therefore, non-contemporaneous statements of other employees, even if not the employees who ultimately made the decision as to the adverse employment action, are not irrelevant to the “additional showing” inquiry merely because the plaintiff has failed to demonstrate a direct causal relationship between the statements and the adverse employment action.
The difficulty for Hutson in this case, however, is that the “additional showing” inquiry is not identical to the inquiry into pretext. The “additional showing” inquiry is merely part of the establishment of the
prima facie
ease, the purpose of which is to shift the burden of production to the defendant to provide an explanation for its
*779
apparently discriminatory behavior. The only question is whether the circumstances are such that, in the absence of an explanation from the defendant, a fact finder may reasonably infer intentional discrimination. As we have pointed out in the past, this is not a significant hurdle for an employment-discrimination plaintiff.
Krenik,
In fact, we have already addressed this issue in a very similar procedural context, albeit
pre-Hicks,
and ruled that
some
causal relationship is necessary to demonstrate the significance of non-contemporaneous statements, or statements made by persons other than the relevant decision-maker, to the resolution of the ultimate issue of intentional discrimination. In
Frieze v. Boatmen’s Bank of Belton,
Because the issue in this case, like that in Frieze, involves the ultimate issue to be decided in an employment-discrimination case rather than the initial issue of whether the employer will be required to explain its decision, the district court was entirely correct in evaluating the two prior memoranda and the statement by Tuffli in light of their causal relationship to the decision to discharge Hut-son. The lower court was also correct in concluding that Hutson had made no showing of such a relationship. The two documents, the “Five Keys” and the “high-potential employees” memoranda, were written by individuals not involved in the decision to terminate Hutson, and there is no evidence connecting those memoranda to Yochum’s evaluation or decision. Moreover, both were written nearly a decade prior to Hutson’s discharge. The lack of a causal relationship is even more striking with respect to Tuffli’s comment about the mistreatment of older employees. Not only was Tuffli not involved in the decision to terminate Hutson, the statement itself is less an exhibition of discriminatory animus than Tuffli’s mere opinion that such animus might exist. In fact, Hutson’s evidence in this regard is even weaker than was the evidence in Frieze, where at least one of the comments in question was made by the person who ultimately made the decision to terminate.
Hutson’s final piece of circumstantial evidence is his undisputed record of generally positive performance reviews. This evidence is particularly unpersuasive. As we have previously observed, even capable employees are released when an employer is down-sizing, and therefore evidence of competence is not particularly probative.
See, e.g., Holley,
Hutson contends that evidence of his competence nonetheless supports a finding of pretext because it casts doubt on the low relative assessment score he received. Such a proposition might be generally tenable, were it true, but Hutson fails to identify any actual conflicts between the relative assessments given by Yochum and the prior evaluations. Moreover, there do not appear to be any. On the relative assessment, Hutson scored especially poorly on past performance, leadership, and responsibility. With respect to past performance, this scoring can hardly be inconsistent with Hutson’s prior reviews because it was explicitly based on one of Hutson’s most recent performance reviews, which, while generally positive, was not glowing. Hutson contends that his earlier performance ratings should have been weighted more heavily, but this is nothing more than an attack on the business judgment of McDonnell Douglas in how it chose to evaluate its employees. There is nothing inherently discriminatory in an employer choosing to rely on recent performance more heavily than past performance in deciding which employees to terminate during a RIF. Hutson also challenges his low scores in responsibility and leadership as being essentially subjective, but we have previously noted that the presence of subjectivity in employee evaluations is itself not a grounds for challenging those evaluations as discriminatory.
See Basham,
In sum, the district court correctly concluded that Hutson failed to demonstrate a genuine issue of material fact as to whether McDonnell Douglas’ explanation for his termination, ie., the RIF and Hutson’s low relative assessment score, was a pretext for age discrimination.
IV
Hutson alternatively contends that the district court erred in rejecting his request to have this ease evaluated under the mixed-motives analysis of
Price Waterhouse v. Hopkins,
The district court correctly rejected Hutson’s request to apply
Price Waterhouse.
The essential prerequisite of
Price Waterhouse
analysis is a showing that there was a discriminatory component of an adverse employment decision. Such a showing cannot be made through the introduction of mere “ ‘stray remarks in the workplace,’ ‘statements by nondeeision-makers,’ or ‘statements by decision-makers unrelated to the decisional process itself.’”
Beshears,
Under these standards, Hutson’s evidence fails to raise a jury issue as to whether age-related animus played a role in his discharge. The two memoranda from the 1980s do not demonstrate the necessary discriminatory intent, as they involve statements by persons outside the decisional process; the same is true of the statement by Tuffli in 1991. (The *781 latter would also probably qualify as a statement by a nondecision-maker, and certainly as a stray remark.) Even assuming that these documents and statements, coupled with the statistical analysis generated by Dr. Evans, suggest the existence of a company-wide discriminatory animus, Hutson has failed to articulate or show any causal link between that general, background animus and his discharge.
V
On the record presented to this court, this case appears to be precisely the type of employment dispute that this court has repeatedly stated is not covered by the discrimination laws. Without adjudging Hut-son’s subjective good-faith belief in his cause of action, it is clear to the court that this lawsuit is less about possible age discrimination than it is about whether McDonnell Douglas’ decision to discharge Hutson, as opposed to some of the other employees under Yochum’s supervision, was fundamentally unfair or arbitrary. It has become a commonplace for this court to observe, and it observes again here, that the employment-discrimination laws have not vested in the federal courts the authority to sit as super-personnel departments reviewing the wisdom or fairness of the business judgments made by employers, except to the extent that those judgments involve intentional discrimination.
See, e.g., Krenik,
The judgment of the district court is affirmed.
Notes
. The Honorable Carol E. Jackson, United States District Judge for the Eastern District of Missouri.
