Andre v. Bendix Corp., S 82-77.

• Decision Date: 11 May 1984
• Docket Number: No. S 82-77.,S 82-77.
• Citation: 584 F. Supp. 1485
• Parties: Jane ANDRE, Plaintiff, v. The BENDIX CORPORATION, Defendant.
• Court: U.S. District Court — Northern District of Indiana

584 F. Supp. 1485

Jane ANDRE, Plaintiff, v. The BENDIX CORPORATION, Defendant.

No. S 82-77.

United States District Court, N.D. Indiana, South Bend Division.

May 11, 1984.

Timothy J. Hartzer, Thomas J. Brunner, Jr., South Bend, Ind., for plaintiff.

Michael J. Stepanek, Jr., Robert T. Kenagy, South Bend, Ind., for defendant.

MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

I.

This case, filed March 1, 1982, under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., was tried before the court in South Bend, Indiana, on February 28 and 29, 1984. It was a hard fought case with each party being represented by highly competent counsel. The plaintiff alleges discrimination based on sex in an individual case.

Jane Andre, a graduate of Ohio State University with a degree in Welding Engineering and an advanced degree in Electrical Engineering, as well as an MBA from the University of Idaho, had extensive experience in manufacturing as well as sales prior to 1978. (Tr. 17-21; Ex. 18, pp. 3-8).

This Memorandum and the findings and conclusions that are implicit herein is intended to comply with Rule 52 F.R.C.P.

A.

Jane Andre's resume was sent in 1978 to the president and chairman of the board of Bendix. (Tr. 23-24). The resume was received by F.G. Cousins on May 31, 1978. Cousins was responsible for recruiting. (Tr. 118; Ex. 18, p. 3). Cousins routed the resume to A.E. Clark, who was Vice President and Group Executive, Aerospace Group, with the notation, "Any interest in a senior level female?" (Tr. 118-119; Ex. 18, p. 1). On or after June 5, 1978, Clark directed Jeanne Rideout, Director of Employee Relations at Bendix's Energy Controls Division at South Bend, and Ted Moore, Director of Operations, Energy Controls Division, to "Pls advise/interview." (Tr. 28, 117, 119, 148; Ex. 18, p. 1). As Moore described it, Clark, who was his boss's boss and a person whom he knew reasonbly well, called him on the telephone, told him of Andre's availability and qualifications and that the applicant had increased productivity over a short period of time. Moore responded to the description of Jane Andre with "I would like to meet that man." (Tr. 28-29; 149).

B.

Richard Morrison, a personnel specialist who reported to Jeanne Rideout, requested that she interview for the position of Assistant Director. Andre responded by saying she was not looking for a token position. To make certain he understood the level of responsibility she was looking for she stated that her salary requirement was $40,000.00 per year. (Tr. 24).

Morrison later indicated that what Bendix really had in mind for her was to serve as an assistant to the director only in preparation for assuming the manufacturing manager's role four to six months down the line. (Tr. 24-25). She agreed to come to South Bend and interview. (Tr. 26-27).

In July 1978 Jane Andre was interviewed by Ted Moore and Jeanne Rideout, among others. (Tr. 27-30). In the interview with Moore, Moore began by telling how he had learned of Jane Andre's availability from the Vice President, Mr. Clark. (Tr. 28).

After Moore interviewed Jane Andre (the only one he had with her), Moore prepared a July 10, 1978 memorandum to his immediate supervisor, Alex Stefucza, General Manager of the Energy Controls Division (copy to Jeanne Rideout), reporting his interview of Jane Andre. (Tr. 150-51; Ex. 23). In the memorandum, Moore recommended that an offer be made "at the superintendent level" that would ... give an immediate opportunity to evaluate Mrs. Andre's capability to handle supervisory tasks." Moore also wrote that if Jane Andre was successful at that level, then promotion to a managerial slot could be available "within 18 to 24 months." Moore also wrote:

Some risk is involved in this assignment, in my opinion, because there is no evidence on the record that Mrs. Andre possesses the necessary emotional stability to work in a direct supervisory capacity; however, her unique qualifications certainly make the risk worthwhile at the level suggested. (Ex. 23).

In the course of her conversation with Mr. Stefucza, Jane asked whether there was another candidate within the organization he could put in the Manufacturing Manager's position. Stefucza mentioned a Dale Franz who was interested in the position. Andre also asked if there were anyone in the organization who might feel they had been passed over for promotion should she be brought in. Stefucza responded "Well, it shouldn't be because no one here has the background that you have." (Tr. 42).¹

In the interview Rideout mentioned that they had in mind bringing her in, not as an assistant to the Director, but, initially as a superintendent. (Tr. 33-34). Rideout said that the Assistant Director's position was "mundane", that Andre should find that the superintendent's position was where the action was—that was the position where she could show what she could do. (Tr. 34).

C.

After the second set of interviews Morrison called Jane Andre and told her that an offer would be extended for one of two positions; one of the positions was Superintendent in the Energy Controls Division. Andre asked "Is the salary so high that there is no room for an increase when I assume the manufacturing manager's position". Morrison assured her that there was room for an increase. (Tr. 37).

On August 4, 1978, Bendix sent Andre a written offer of two positions, one of which was "Superintendent in the Manufacturing area" at a page rate of $2920.00 per month. (Ex. 1). In language which Rideout (who had approved and participated in preparing the offer) characterized as "unique" or "not normal" (Tr. 38-39, 120-22), the letter went on to speak of "logical progression":

In consideration of the initial assignments and the salary proposed, the maximum within that grade range is $3110.00 per month. However, in looking at the logical progression, the next grade range would extend the maximum salary to $3775 per month. (Ex. 1).

According to Rideout Bendix offered the salary level it did "in order to attract a person of this caliber", and "... We needed to outline what the next step would be. And in our opinion we felt she had the potential of going to that next level." (Tr. 121; see also, Tr. 136, 242-43, 250).

Prior to making the offer to Jane Andre, Rideout and other individuals made specific salary comparisons with other supervisors and with the salary that Franz was receiving. (Tr. 124). At the level of $2920, Jane Andre received anywhere from $700 to $1,075 per month more than her male peers who were General Supervisors and $80.00 per month less than her supervisor, Dale Franz, the Manager of Manufacturing. (Tr. 124, 169; Exh. 19, p. 4). Rideout was concerned about the salary differential between Jane Andre and her peers (all of whom were male). According to Rideout, there was an inequity but she had no problem with such a temporary inequity, "... as long as there is some plan for correcting it." Rideout's concern in Jane Andre's case was at least somewhat balanced by her view that Andre was only being placed in the position of superintendent temporarily for about six months. (Tr. 125-26).²

D.

Jane Andre reported to work at Bendix on September 18, 1978. She first saw Mr. Morrison, who looked at her strangely and asked her if she had seen Ted Moore yet. When she said "No", Morrison said, "Well I think you better talk to him first." (Tr. 40-41). Moore showed Andre an organization chart drawn on his blackboard. It had Dale Franz in the Manufacturing Manager's position, with Jane Andre and others reporting to Franz. (Tr. 41-42; Exh. 19, p. 4).³

After showing her the chart on the blackboard, Moore stated that perhaps he would reorganize in about nine months during which Jane would have an opportunity to demonstrate what she could do.

During her conversation with Moore, Andre was not told what her specific duties would be or that she would be working as a "General Supervisor" rather than "Superintendent." (Tr. 42-43).

Andre was then taken down to Don Notary's office which was located just an office away from the General Supervisors' office. (Tr. 43-44). Notary introduced her to Bud Tyler, who at that point was a first shift general supervisor. (Ex. 19, p. 3; see Tr. 45; see also Ex. 15, p. 2). Tyler introduced Andre to various people. Helena Babich, the department clerk, showed her where she would be working in the General Supervisor's office. (Tr. 45, 167-68).

Andre had anticipated that as superintendent she would have a private office with her name on the door. (Tr. 40-41). Ms. Babich, according to Jane Andre, "... sat me down at Bud Tyler's desk in the General Supervisor's office and told me that would be my work place." Andre took her seriously. Thereafter Tyler came in, stood beside Jane Andre, asked her to get up and told her that was his work place. (Tr. 45). To Jane's request "Well, where is my desk?", Tyler did not know: "Nobody knew." (Tr. 45-46). Tyler then told her that she could have a straight chair located beside his desk. For a period of about three months thereafter Jane Andre worked without a desk. She kept her records in various manila envelopes on top of a bookcase in the general supervisor's office and did her desk work standing up, using the top of another bookcase. She did not have a telephone and her name was not in the company directory through the date she was terminated. (Tr. 46, 167-68; Ex. 15, p. 3). Franz acknowledged that other (male) general supervisors had desks and chairs assigned to them and that "... there were parts of her responsibility that may have to have a desk...." (Tr. 168, 184; Ex. 19, p. 4).

In the course of a conversation and in response to her request for a description of her job duties and responsibilities Franz said that he did not believe in a set of duties and responsibilities. (Tr. 47-48).⁴ However, as of October 1, 1978 Bendix instituted a management by objectives program, or "MBO". Jane Andre became aware...