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ELROD v. SEARS, ROEBUCK AND CO.

Nos. 89-3563, 90-3416.

939 F.2d 1466 (1991)

James G. ELROD, Plaintiff-Appellee, v. SEARS, ROEBUCK AND COMPANY, a New York corporation, Defendant-Appellant. James G. ELROD, Plaintiff-Appellee, Cross-Appellant, v. SEARS, ROEBUCK AND CO., a New York corporation, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 30, 1991.

Attorney(s) appearing for the Case

Tracey I. Arpen, Jr., Marks, Gray, Conroy & Gibbs, P.A., Jacksonville, Fla., R. Lawrence Ashe, Jr., Paul, Hastings, Janofsky & Walker, Kelly J. Koelker, Atlanta, Ga., for defendant-appellant.

Ann Elizabeth Reesman, McGuiness & Williams, Washington, D.C., for Equal Employment Advisory Council, amicus curiae.

William G. Cooper, Coker, Myers, Schickel, Cooper & Sorenson, P.A., Jacksonville, Fla., David M. Lipman, Lipman & Weisberg, Miami, Fla., for plaintiff-appellee.

Before FAY and DUBINA, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge:

Sears, Roebuck and Company ("Sears") claims it fired James Elrod ("Elrod") because Sears believed he had been guilty of sexual harassment of female employees in its Jacksonville Credit Central Office ("Jacksonville Office"). Elrod thought he was fired because of his age. We must decide whether Elrod presented sufficient evidence that Sears' asserted justification was pretextual. If not, Sears was entitled to judgment notwithstanding...

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