Victor S. SAKELLAR, Plaintiff-Appellant, v. LOCKHEED MISSILES AND SPACE CO., Defendant-Appellee
Opinion
Opinion
Poole, J.
Victor Sakellar appeals the entry of judgment against him after a bench trial in an employment discrimination action. He claimed that Lockheed’s failure to rehire him after layoff violated the Age Discrimination in Employment Act, 29 U.S.C. § 623 (a)(l)(ADEA). An additional claim of national origin discrimination under Title VII, 42 U.S.C. § 2000e et seq., was abandoned at trial. We affirm.
Except for a brief layoff in 1973, Lockheed continuously employed Sakellar from 1961 until he was laid-off on March 9, 1979. He was then fifty-four years old. While laid-off, Sakellar did not apply for a specific job with Lockheed. Laid-off Lockheed employees are included in a pool with new applicants for available jobs. When an applicant submits a resume, it is the duty of Lockheed employee Mrs. Jo Hill to code it for skill and experience, and to place it in an automated referral system. The system compares the skill and experience codes of potential candidates with the codes of available positions at Lockheed. When a job opening appears, Lockheed first seeks internal recruitment among present employees and then turns to the pool of new applicants and laid-off employees.