Fabian v. IND. SCH. DIST. NO. 89 OF OKL. CTY., OKL.

• Decision Date: 09 February 1976
• Docket Number: No. CIV-73-175-B.,CIV-73-175-B.
• Citation: 409 F. Supp. 94
• Parties: Judith A. FABIAN, on behalf of herself and others similarly situated, Plaintiffs, v. INDEPENDENT SCHOOL DISTRICT NO. 89 OF OKLAHOMA COUNTY, OKLAHOMA, et al., Defendants.
• Court: U.S. District Court — Western District of Oklahoma

409 F. Supp. 94

Judith A. FABIAN, on behalf of herself and others similarly situated, Plaintiffs, v. INDEPENDENT SCHOOL DISTRICT NO. 89 OF OKLAHOMA COUNTY, OKLAHOMA, et al., Defendants.

No. CIV-73-175-B.

United States District Court, W. D. Oklahoma.

February 9, 1976.

Lana Jeanne Tyree, Oklahoma City, Okl., for plaintiffs.

Larry L. French, Seminole, Okl., and J. Harry Johnson, Oklahoma City, Okl., for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

BOHANON, District Judge.

General Findings of Fact as to All Members of the Class

1. This is an action brought pursuant to Title VII of the Civil Rights Act of 1964, as amended in 1972, with the Court having jurisdiction under 42 U.S.C. § 2000e et seq., and particularly 42 U.S.C. § 2000e-5(f)(3).

2. On October 25, 1972, a Complaint was filed on behalf of plaintiff class member Fabian with the Equal Employment Opportunity Commission alleging defendants' maternity leave policy to be sexually discriminatory. Plaintiff thereafter received a "right to sue letter" from the United States Department of Justice and subsequently commenced this suit on behalf of herself and others similarly situated.

3. On April 12, 1973, this action was determined by the Court as appropriate for maintenance as a class action. Plaintiffs' Exhibit 9 disclosed that at the time of commencement of this suit there were 5,061 employees in defendant school district and that of that amount 3,373 were female; that 142 women had been placed on mandatory maternity leave during the 1971-72 and 1972-73 school years. The class was then defined, designated, and plaintiff directed to give notice to each member of the class.

4. The evidence in this case showed that 142 class members were given notice; however, only 56 elected to participate in the class and prosecute this civil rights action.

5. The Court finds that each tenured member of the class was employed under written contract in good standing by Independent School District No. 89 of Oklahoma County, Oklahoma; that each tenured teacher, as a prerequisite to employment, was required to sign the contract which provided for three months mandatory maternity leave before childbirth and three months after the date of childbirth.

6. That Independent School District No. 89 is a governmental agency created by State Statute with a specific responsibility of providing and supervising public education in Oklahoma County.

7. That all of the defendants: Bill Lillard, Superintendent of Oklahoma City Public Schools; C. B. McCray, President of the Board of Education of Independent School District No. 89 and all members thereof and their successors; Leslie R. Fisher, State Superintendent of Public Instruction; and W. C. Haller, Superintendent of Public Schools, Oklahoma County, are agents of state government and as such are charged with administrative responsibilities of their respective areas of public education.

8. The Court finds that plaintiff Fabian and each of the other class members gave timely notice to the Oklahoma City School System of her pregnancy, and each was informed that she would be required to take mandatory maternity leave of three months before the date of childbirth and three months after the date of childbirth.

9. The Court finds that the mandatory maternity leave of defendant School Board in effect at that time, and until several months after commencement of this litigation, provided that the services of a female who was pregnant would be terminated or suspended three months prior to the anticipated date of birth of the child; further, the policy provided that such pregnant employees could not return to work and be reinstated until the expiration of three months after childbirth. Such maternity leave was without pay or utilization of the employee's accumulated annual leave or sick leave. Many of the tenured teachers were unable to return to their teaching positions after their maternity leave as their positions had been filled and there were no vacancies in the system.

10. The members of the plaintiff class testified in substance that they were required to begin leave against their wishes, without pay, although they were physically and medically able to continue working and that they were prohibited from returning to work for a period of three months or more after childbirth though physically and medically able to perform their duties. The Court further finds that the plaintiffs would have requested a much shorter maternity leave, but they knew such request would be made in vain because of the defendants' policy and practice.

11. On or about the 21st day of May, 1973, two months after commencement of this action, defendants, by Supplemental Answer, stated that they had changed the maternity leave policy complained of. However, such change would not go into effect until July 1, 1973, nearly four months after commencement of this action.

12. The only testimony as to the necessity of the maternity leave policy was by Dr. Bill Lillard, Superintendent of the Oklahoma City Public Schools, who testified the sole reason for the policy was "continuity of education" which the Court finds to be no reason at all.

13. The uncontroverted testimony of Dr. Richard Stansberry was to the effect that there is nothing in a normal pregnancy which would medically or physically prohibit a woman from working until her delivery if she felt able, or prohibit her from working for three months thereafter, as provided by the maternity leave policy.

14. Evidence showed the defendant school system had remaining at the end of the school years involved an unencumbered balance exceeding two million dollars, a part of which was the contractual salary not paid the plaintiffs and carried over into other fund accounts.

15. Male employees with temporary disabilities were allowed to remain on the jobs as long as they were physically able and when not able were allowed to utilize their accumulated sick leave.

16. All members of the class were afforded a hearing before the Court where they personally presented their individual evidence as to the amount claimed as a result of the mandatory maternity leave policy. The defendants' record (Plaintiffs' Exh. 1) is in evidence showing factual data as to each member of the plaintiff class electing to prosecute this action, and is in error in some particulars as explained by the claimants.

17. Plaintiffs have prayed for injunctive relief which is denied for the reason that the mandatory maternity leave policy of the defendant School Board has been abolished and no injunctive relief is warranted.

Specific Findings of Fact as to Each Member of the Class

1. The following table provides information as to each member of the plaintiff class and reveals that the class was not paid a total of $208,126.90. The damages suffered by each plaintiff are based upon the contractual salary to which each was entitled but did not receive as a result of the mandatory maternity leave policy, which was maintained in effect long after the Civil Rights Act became law. The import of the table is to establish the number of days each plaintiff lost as a result of the defendants' policy, less the days the plaintiff would have elected to lose had the offending policy not been established; the number remaining, being days wages claimed, times the plaintiff's daily rate of pay constituting plaintiff's damages. In some instances outside earnings during the period in question were subtracted from damages to arrive at net damages.

2. The following abbreviations are used in the table:

Mat. Lv. _ _ _ _ Maternity Leave Elec. _ _ _ _ _ _ Elected DNR _ _ _ _ _ _ Did Not Return During the School Year in Question DNER _ _ _ _ _ Did Not Elect to Return During the School Year in Question

                                                                                                      DAYS                   ELEC
                                                                               ELEC. TO               LOST    ELEC.   DAYS   DAYS     DAYS
                                             DELIVERY   COMMENCED   RETURNED   COMMENCE   ELEC. TO    THRU    DAYS    SICK    W/O     WAGES     DAILY               OUTSIDE        NET
                     NAME           SALARY     DATE     MAT. LV.    TO WORK    MAT. LV.    RETURN    POLICY   LOST     LV.    PAY    CLAIMED    RATE     DAMAGES    EARNINGS     DAMAGES
                B. Benton           $8,125    2-23-72     8-9-71      6-1-72    2-22-72    3-21-72     200     20        5     15       185    $40.62   $7,514.70               $7,514.70
                C. Cargal           $7,225   10-21-71    8-23-71     4-17-72    10-4-71    12-6-71     171     45      4.5   40.5     130.5    $36.12   $4,713.66   $1,550.00   $3,163.66
                T. Carter           $6,930     2-2-73   11-13-72        8-73     2-2-73    3-19-73     140     30     15.5   14.5     125.5    $34.65   $4,348.57               $4,348.57
                M. Chelf            $7,466    5-12-72    2-28-72        8-73    5-15-72       8-73      65     10       22      0        65    $37.33   $2,426.45               $2,426.45
                G. Clemmons*   $7,110    7-31-72    2-25-72    10-31-72    5-26-72    8-23-72      94      0       10      0        94    $35.55   $3,341.70               $3,341.70
                J. Clifton          $6,930    10-7-72    8-21-72       DNR      9-25-72     DNER        35     10        9      1        34    $34.65   $1,178.10               $1,178.10
                A. Cotton           $7,070     1-2-73    8-27-72        8-73     1-1-73     2-1-73     180     22        5     17       163    $35.35   $5,762.05               $5,762.05
                J. Cox              $7,490    2-12-73   11-15-72       DNR      2-12-73     3-6-73     107     17        7     10        97    $37.45   $3,632.65               $3,632.65
                L. Crittendon       $7,210     3-1-73    1-15-73       DNR       3-1-73     4-2-73      95     22       26      0        95    $36.05   $3,424.75               $3,424.75
                T. Cudjoe           $7,465     3-6-72    1-13-72        8-72     3-6-70     4-3-72      96     15

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