Crockwell v. Blackmon-Mooring Steamatic, Inc.

• Decision Date: 12 April 1985
• Docket Number: No. 82-2919 GB.,82-2919 GB.
• Citation: 627 F. Supp. 800
• Parties: Mary CROCKWELL, Plaintiff, v. BLACKMON-MOORING STEAMATIC, INC., Defendant.
• Court: U.S. District Court — Western District of Tennessee

627 F. Supp. 800

Mary CROCKWELL, Plaintiff, v. BLACKMON-MOORING STEAMATIC, INC., Defendant.

No. 82-2919 GB.

United States District Court, W.D. Tennessee, W.D.

April 12, 1985.

Donald A. Donati and Wanda Donati, Memphis, Tenn., for plaintiff Mary Crockwell.

Jason O. Young, Jr., Memphis, Tenn., for defendant Blackmon-Mooring and Steamatic.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

GIBBONS, District Judge.

Plaintiff here seeks relief for alleged violations of 42 U.S.C. Section 2000e et seq. and 29 U.S.C. Section 206(d). The court heard the case on September 6 and 7, 1984. The court has considered all the evidence presented and applicable law and makes the following findings of fact and conclusions of law.

I. FINDINGS OF FACT

Plaintiff, Mary Crockwell, who is female, began working for defendant Blackmon-Mooring Steamatic, Inc. on a part-time basis in November, 1981, and on a full-time basis on May 12, 1982. Plaintiff was hired as a household cleaner at a rate of $4.00 per hour and remained in that position with the same salary until she was discharged on October 20, 1982. During plaintiff's employment defendant had two primary job classifications for non-supervisory employees: household cleaners and carpet cleaners. The carpet cleaners were also called cleaning technicians or crew members. During plaintiff's entire period of employment, all the household cleaners were females and all the carpet cleaners were males. In fact, all 116 cleaning technicians employed by defendant throughout the country were male.

Between September, 1980, and August, 1983, defendant hired 17 males as carpet cleaners. During the same period of time, plaintiff hired 19 females as household cleaners. Eleven of the males were hired at a base rate of $4.00 an hour; one male was hired at a base rate of $4.50; and five males were hired at a base rate of $5.00 an hour. All 19 females were hired at a base hourly rate of $4.00.

Household cleaners had no opportunity for a raise unless they were promoted to supervisor. On the other hand, cleaning technicians either started at $5.00 an hour or quickly received a raise up to $5.00 an hour. Cleaning technicians could participate in the incentive pay program which paid them as high as $8.00 an hour, while household cleaners could not.

The jobs of household cleaner and carpet cleaner both involved cleaning businesses and residences through strenuous physical work. The duties of household cleaners included cleaning walls, ceilings, and floors with mops and industrial chemicals at private homes or commercial establishments that had been damaged by fire. They also cleaned furniture and household effects such as plates, china, and silver. The cleaning crew or technician's job involved cleaning carpet and draperies with heavy steam machines. The cleaning crews also did some selling of services to customers. Both jobs required frequent lifting of heavy furniture. Both household cleaners and carpet cleaners carried their own equipment, but on occasion the household cleaners assisted the cleaning crews in loading and unloading the steam machines. The household cleaners job was dirtier than the cleaning crew job and they were sometimes referred to by management personnel as "fire girls."

Both household cleaners and cleaning crew members performed "pack-out" jobs. A "pack-out" is the removal of all damaged items from a house by packing them into boxes and carrying those boxes to the company's warehouse for cleaning. After cleaning, the items are returned to the house. On pack-out jobs the work done by males and females was identical. From September, 1980, through at least July 23, 1982, male employees drew pay for pack-out duties at the rate of $7.00 an hour. During this time period females were paid their regular hourly rate and drew no special pack-out pay. From November, 1981, through July, 1982, plaintiff received no special pack-out pay even though she performed pack-out duties. After July, 1982, the pack-out pay was changed so that both male and female employees drew pay for pack-out duties at a rate of $6.00 an hour.

Plaintiff complained about the disparity in wages for the pack-out jobs. Brian Lamb, manager of the defendant's Memphis office, acknowledged in his testimony that there were complaints about the pay and that he was responsible for equalizing the pay rates for pack-out jobs when he became manager by increasing the female rate and decreasing the male rate. Plaintiff also complained about the wage disparity between household cleaners and cleaning technicians. When she did so and asked about the possibility of transferring to a cleaning crew position in Texas, she was told that the company did not think women should or could lift the heavy machines used by the cleaning crew. Plaintiff was capable of performing the job of cleaning technician, but was not afforded an opportunity to do so.

Plaintiff acted as lead worker in the household cleaning crew for two or three months and was in the job at the time she was discharged on October 20, 1982.

On October 20, 1982, Karen McGhee, a female household cleaner was called by the assistant manager, Steve Thornton, to come into the conference room in the office area of defendant's place of business. Thornton was acting at the request of Don Plattner, an adjuster with Shelter Insurance Company who provided a substantial amount of business to defendant. Besides Plattner and Thornton, Lamb and two other supervisors were present in the conference room when McGhee was called into the room. Lamb knew that Don Plattner often used embarrassing language and made suggestive remarks about women. Other management employees were also aware of Plattner's propensity to make such comments. Plattner asked McGhee if she was married, if she "messed around" on her boyfriend, and commented that she had a "nice ass."

Plattner's comments upset McGhee who returned to the warehouse and discussed the matter with plaintiff. Plaintiff called Thornton and asked him to come to the warehouse to discuss the problem. Thornton came, and during the discussion plaintiff asked that Plattner apologize for the remarks. Thornton replied that this kind of activity was part of the job and that McGhee either had to accept it or to "hit the clock." Plaintiff informed Thornton that McGhee was a good worker and that plaintiff hated to lose her. Plaintiff also expressed her opinion that household cleaners should not have to endure this type of treatment. Thornton later returned to the warehouse a second time at plaintiff's request. During the second conversation, plaintiff again said it was unfair to subject McGhee to this treatment in order to maintain her job and requested that management do something to stop this type of conduct. During the second conversation defendant's office manager, June McDaniel, stated that she had been subjected to similar conduct and that it was to be expected.

Two hours after the incident with Don Plattner, plaintiff was fired by Brian Lamb. Lamb told plaintiff that she was fired for sitting down on a job and for poor attendance. Plaintiff did not receive a termination slip at that time, but received a separation letter after defendant had been contacted by the EEOC. Prior to termination she had received no written or oral warnings about her job performance, although company policy was apparently to warn an employee first before discharge.

Lamb testified that he did not intend to fire plaintiff the day of the Karen McGhee occurence. He said that plaintiff was fired on the recommendation of June McDaniel and Steve Thornton for excessive absenteeism, tardiness, sitting down on a job and walking off the job without permission. Although Thornton and McDaniel denied ever recommending plaintiff's discharge, the preponderance of the evidence establishes that they did so. Their recommendations to Lamb brought about his decision to fire plaintiff.

Plaintiff was apparently the only employee discharged for inadequate job performance while Brian Lamb was employed by defendant.

Defendant presented a chart compiled from June McDaniel's desk calendar which indicated that plaintiff missed 15 days of work while employed by defendant on a full-time basis and that she was late to work 7 times. The chart was compiled after plaintiff's termination, and the desk calendar was not available at trial. Attendance records like those kept for other employees did not note plaintiff's absences. Plaintiff conceded, however, a significant number of absences and noted that during her period of employment she injured her back and also became pregnant and had a miscarriage. Plaintiff had had two prior miscarriages. Defendant knew about these, and plaintiff was offered additional time off from work due to her pregnancy.

Two specific incidents were cited by defendant at trial as reasons for plaintiff's discharge.

A few weeks before plaintiff's discharge by defendant, an incident occurred on a job in Collierville. On that job plaintiff and other employees went to the truck and sat there to wait for other employees to finish their work. Defendant contended that plaintiff sat down on the job. Plaintiff testified that this occurred with Thornton's permission and that it happened because the employees ran out of the product they needed to clean the premises and they could not proceed any further that day. Plaintiff's testimony about this incident is credible.

A second incident occurred shortly before plaintiff's discharge. On this occasion defendant asserts that plaintiff left the job early without permission from the front office. June McDaniel's testimony suggests that plaintiff left to be with her boyfriend. Plaintiff contends that she was ill. Whatever the reason for plaintiff's departure, it does appear that this incident occurred.

On September 27, 1982, after plaintiff had accumulated a significant number of absences according to defendant's records, June McDaniel wrote to a former...