Beatty v. Chesapeake Center, Inc.

• Decision Date: 14 July 1987
• Docket Number: No. 86-1176,86-1176
• Citation: 818 F.2d 318
• Parties: 43 Fair Empl.Prac.Cas. 1472, 43 Empl. Prac. Dec. P 37,274 Sandra K. BEATTY, Plaintiff-Appellant, v. CHESAPEAKE CENTER, INC.; Chesapeake Developmental Unit, Inc.; Chesapeake Group Homes, Inc., Defendants-Appellees.
• Court: U.S. Court of Appeals — Fourth Circuit

Page 318

818 F.2d 318

43 Fair Empl.Prac.Cas. 1472,

43 Empl. Prac. Dec. P 37,274

Sandra K. BEATTY, Plaintiff-Appellant, v. CHESAPEAKE CENTER, INC.; Chesapeake Developmental Unit Inc.; Chesapeake Group Homes, Inc., Defendants-Appellees.

No. 86-1176.

United States Court of Appeals Fourth Circuit.

Argued Feb. 3, 1987.

Decided May 8, 1987.

Rehearing En Banc Granted July 14, 1987. ^*

Eileen McGinley Stein, Chevy Chase, Ind. (Leslye Orloff, Women's Legal Defense Fund, Washington, D.C., on brief), for plaintiff-appellant.

Waller Staples Hairston (Henry, Hairston & Price, Easton, Md., on brief), for defendants-appellees.

Before HALL and SPROUSE, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

K.K. HALL, Circuit Judge:

Sandra K. Beatty, plaintiff in an action alleging employment discrimination based on her pregnancy, appeals an order of the district court entering judgment after a bench trial in favor of defendants Chesapeake Center, Inc., Chesapeake Developmental Unit, Inc., and Chesapeake Group Homes, Inc. (collectively "the Center"). The district court determined that the defendants had articulated a valid non-pretextual justification for their decision to rescind an offer of employment to Beatty and, therefore, had not violated Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, 42 U.S.C. Sec. 2000e et seq. Because we conclude that the defendants' proffered explanation for their employment decision is inherently incredible as a matter of law, we find the district court's determination clearly erroneous and reverse.

I.

In 1983, Beatty sought employment with the Chesapeake Developmental Unit, Inc. ¹ as an instructor of mentally retarded adults. She was eventually offered the position on December 2, 1983, after a personal interview with Mary Brown, the Unit's manager.

When Beatty arrived for her first day of work on January 16, 1984, Brown met her and inquired if she was wearing a maternity blouse. Beatty explained that she was pregnant but that she intended to continue working after giving birth and would need only a brief period of leave when the baby was born. When asked if this would cause any problem, Brown replied, "No, only staffing while you are out." Brown also asked Beatty if she had known she was pregnant at the time of her employment interview. Beatty responded that she had not known of her pregnancy at that time.

Brown then escorted Beatty into an adjoining room where the Center's orientation program was to take place. In connection with that program, Beatty was presented with an employment contract which she signed. One provision of the contract required that new employees "be willing to participate in an annual physical examination and tuberculin test."

At a subsequent stage in the orientation process, the schedule called for "Physical examination & T.B. (P.P.D.) documentation completion or arrangements made." ² Beatty informed Brown that she had once tested positive for tuberculosis but no longer had the disease in any form. In support, Beatty produced a Charles County Health Department certificate dated October 4, 1981, which stated that she was "free of tuberculosis in a communicable stage." Beatty also presented a physician's letter dated November 4, 1982, indicating that she had undergone a negative tuberculin test on that date.

At this juncture, the substance of the communications between Beatty and Brown are in dispute. Beatty later testified that as she produced her medical records she stated that "its probably good that I'm certified because it probably wouldn't be healthy for me to have one at this time." Brown testified that Beatty had stated that "she would not want to take another TB test."

Despite the substantial similarity between the two accounts, the meaning allegedly attributed to Beatty's remarks was decidedly different. Beatty testified that her statement indicated no more than a general reluctance to undergo an unnecessary medical procedure while Brown contended that she understood the remarks to be an absolute refusal to take another skin test. Brown further testified that she believed state law required annual tests and that Beatty's documentation was outdated.

Brown then left the room with Beatty's documents and sought out the Center's Director, John Wright. According to her testimony, Brown informed Wright that there was a problem with a new employee inasmuch as the employee's T.B. test was outdated and she was unwilling to take another. Wright testified that he ordered Brown to halt the orientation process and to inform Beatty that there was a change in her status. Wright also instructed Brown to contact the relevant state agency to clarify the applicable regulations with regard to T.B. testing.

Brown returned to the orientation room and asked Beatty to come into her office. Beatty was then informed that the orientation process was being terminated as a result of her "change in status." Despite Beatty's repeated and increasingly emotional requests for some explanation for the sudden turn in events, Brown refused to answer any further questions. Beatty was required to leave, although Brown stated that she would be in touch with her within a week.

Brown testified that she then contacted Elmira LeGates, a nurse at the Talbot County Health Department, who informed her that a T.B. test taken before July 1, 1983, was not valid. In response to a hypothetical question allegedly posed by Brown, LeGates indicated that if a pregnant woman tested positive on the P.P.D., a follow-up x-ray would be potentially harmful. Brown did not, however, inquire whether the skin test itself would pose any health risk to a pregnant woman or whether a temporary waiver of the test was permitted.

Brown testified that after her conversation with LeGates she decided to hire another person for the position. An applicant named Sue Davis was contacted and offered the job, which she accepted. Brown then sent a letter to Beatty on January 20, 1984, in which she stated that her T.B. testing was outdated and that

In light of your stated position of not subjecting yourself to a tuberculin test at this time, we are unable to continue to process you as a new employee of Chesapeake Developmental Unit. At such time as you can satisfactorily complete the requirements, we will be happy to have you resubmit your application for employment.

It is undisputed that Beatty was never told of any problem with her T.B. documentation until she received Brown's letter.

Beatty replied in a letter dated January 23, 1984, in which she expressed distress that she had not been informed that a new T.B. test was necessary. She also stated that "I called my doctor today and she assures me that a T.B. test is completely safe now and so I will have one done as soon as I hear from you." When she received no response to this letter, Beatty telephoned Brown on January 25. In that conversation, she again maintained that she had never refused a request for a new T.B. test and that she was willing to take the test at any time. Finally, Beatty received a letter from Brown dated January 27, 1984, which stated that "the vacancy has been filled by someone else who could meet all the requirements."

After filing a charge of discrimination with the Equal Employment Opportunity Commission and receiving a notice of right to sue on January 4, 1985, Beatty instituted the instant civil action alleging that she was denied employment as a result of her pregnancy in violation of Title VII. The Center contended that it had rescinded the employment offer only because it honestly believed that Beatty would not take the P.P.D. test as required by state law. After a one-day bench trial, the district court held in favor of the Center and concluded that the decision to deny Beatty employment stemmed from a sincere misunderstanding rather than from intentional discrimination. In support of its conclusion, the court noted, inter alia, that Beatty had been allowed to sign a contract, that certain differences existed between her deposition and trial testimony with regard to what was said at the orientation, and that the Center had an unblemished record of granting maternity leave without objection.

This appeal followed.

II.

On appeal, Beatty contends that the Center's proffered explanation for its employment decision is so inherently implausible that it can be construed only as a pretext for discrimination. Although we are mindful that the district court's contrary determination is an issue of fact that must be affirmed unless "clearly erroneous," Anderson v. City of Bessemer City, 470 U.S. 564, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985), we, nevertheless, find appellant's argument persuasive.

It is undisputed that Beatty established a prima facie case of discrimination under the standards articulated in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36...