Lanyon v. University of Delaware

• Decision Date: 13 August 1982
• Docket Number: Civ. A. No. 80-350.
• Citation: 544 F. Supp. 1262
• Parties: E. Jean LANYON, Plaintiff, v. UNIVERSITY OF DELAWARE, Defendant.
• Court: U.S. District Court — District of Delaware

544 F. Supp. 1262

E. Jean LANYON, Plaintiff, v. UNIVERSITY OF DELAWARE, Defendant.

Civ. A. No. 80-350.

United States District Court, D. Delaware.

August 13, 1982.

Maxine LaPlace, Newark, Del., for plaintiff; Dona S. Kahn, Harris & Kahn, Philadelphia, Pa., of counsel.

James F. Burnett, Potter, Anderson & Corroon, Wilmington, Del., for defendant.

OPINION

MURRAY M. SCHWARTZ, District Judge.

This is an employment discrimination action brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Plaintiff E. Jean Lanyon is a white woman who was employed by the defendant, the University of Delaware ("University") as an architectural draftsperson from October 6, 1969 through June 30, 1977. The University is an institution of higher learning located in Newark, Delaware. At all times material to this suit it employed more than fifteen employees, and is an employer engaged in an industry affecting commerce within the meaning of sections 701(b), (g), (h) of the Act. 42 U.S.C. § 2000e. Lanyon contends that she was dismissed from her position at the University and not recalled to work there solely on account of her sex. Trial to the Court occurred from February 16 to 18, 1982, and post-trial argument was held on June 30, 1982. This opinion constitutes the Court's findings of fact and conclusions of law pursuant to Rule 52(a) of the Federal Rules of Civil Procedure.

I. Facts

On August 12, 1969, Lanyon completed an application for an "architectural or related drafting" position at the University of Delaware. (PX11).¹ An acquaintance, Karl Gamborg-Nielsen, who was an architect-planner in the University Facilities Planning Office, had told her of a possible opening. (A-13, A-14, A-191). After an initial interview Leonard W. McClain, another architect-planner, interviewed Lanyon. He seemed pleased that she had applied for the position, and told her that the office had a great need for a drafter. (A-15, A-191). Later, at the recommendation of McClain and Gamborg-Nielsen, Robert M. Lamison, the Director of Planning, interviewed the plaintiff. (RML 4; PX12). Lanyon asserted at trial that Lamison had told her that the position would be professional (A-16); Lamison denied that he had discussed benefits with her or told her that she would hold a professional position. (RML 4-6). Plaintiff rejected Lamison's first job offer because the salary was too low (A-16); he then sought more funds for the position. President E. A. Trabant of the University authorized him to offer her $7500 (RML 7; PX13), which was $1300 more than the salary of Richard Cichelli, a man who had held the post until June of 1969. (See DX60). Lanyon accepted the offer and began working in the Planning Office on October 6, 1969. (A-17).² At the time she was hired, Lanyon had experience in both drafting and the graphic arts. She had approximately fourteen years of experience in architectural drafting, as well as experience in illustrating and graphic arts. (A-12, A-13; see PX3).

The University classified its workers within four categories—faculty, professional staff, salaried staff, and hourly (C-101); professional status was determined under guidelines established by the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (DX65).³ In October, 1969, when Lanyon began at the University, the Director of Planning, Robert Lamison, oversaw the work of the office. He immediately supervised two architect-planners, Karl Gamborg-Nielsen and Leonard McClain (A-18), and one construction-planner, Leonard Cannatelli. (See DX2). These four positions were the only positions within that office that were classified as professional by the University. Lanyon, as already noted, was an architectural draftsperson; the other personnel were a part-time accountant and records clerk, Jean Skibinski, two secretaries, and several inspectors who worked in the field. (A-18). All these positions were classified as salaried staff. (See C-101).

Plaintiff's duties in the Planning Office consisted principally of providing drafting support for Lamison and the other planners. (A-19, B-4, B-42; PX24). She performed a number of other tasks, including updating the University's topographicals and "asbuilts,"⁴ keeping track of survey drawings, maintaining architectural files and running errands. In addition, Lamison occasionally assigned her other projects which required graphic arts skills—preparing color boards,⁵ designing furniture (A-23, B-18) and updating and designing campus directories. (A-29; see generally A-19 to A-21; PX69).

At trial, Lanyon placed particular emphasis on two projects to which she was assigned during her time in the Planning Office. She did some renovating of the Ujaama House, principally the "color work," certain recommendations for energy conservation, purchasing and repairing furniture, and some interior work. (A-21, A-22). Testimony at trial indicated that this was a minor project, however, and one which took her a long time to complete. (C-26—C-27). Plaintiff also had some role in the design and construction of the Mitchell Hall ticket booth, although the extent of that role was disputed. Documents at trial indicated that this was a $3000 project which Lamison assigned to Lanyon to save the $300 fee that would have to be paid to an outside architect. (DX13). Lanyon contended that she did all the work and Gamborg-Nielsen erroneously received the credit. (See PX183). It is obvious from the testimony and the evidence, however, that Gamborg-Nielsen had principal responsibility for the project. Lanyon showed her sketches to Gamborg-Nielsen, which he signed to show approval, discussed the locking, mechanical, and electrical systems with him, and attended meetings with him regarding the project. (See B-11—B-14). Furthermore, her work was not independent of his supervision; in fact, after a confrontation over delays which had resulted from her failure to complete the drawings on the project (DX13; DX14; DX15), Gamborg-Nielsen instructed her to complete them "in accordance with my specifications and under my direction." (DX16). Lamison further testified that he assigned her to assist Gamborg-Nielsen and that he looked to him as the one in charge of the project. (RML 14).

Despite Lanyon's contentions that the work she did was comparable to that of the planners, there were significant differences between the two positions. The planners did not draw for others. They did not up-date the topographicals or as-builts, nor did they run errands. In addition, they had significantly greater client contact, and were placed in charge of more jobs and of larger jobs. (See B-4, B-5, B-7). As a draftsperson, Lanyon was not held responsible for errors to the same degree as the planners. (RML 60-61). The position Lanyon occupied was primarily a drafting position, with less independence and responsibility than that of the planners. Although he occasionally assigned other projects to Lanyon, Lamison indicated in a memo to her that his inability to use her talents to the fullest in the Planning Office was due to the limitations of the position which she occupied. (PX22; see RML 57-58, 60).

Lanyon felt throughout her tenure at the University that her position should be reclassified as professional, and made two formal requests for reclassification.⁶ As already noted, she testified that she was told when she was hired that she would be a professional. When she discovered that her position was a staff position, she confronted Lamison, who then described the job as "semiprofessional" and told her that she could upgrade the position after she had been at the University a while. (A-40, A-41; RML 9). In May of 1973, plaintiff formally sought reclassification of her position through the Personnel Office. The procedure for such "job audits" was that a questionnaire would be filled out by the employee describing the duties performed; the information would then be verified by someone from Personnel, and a written determination of the classification prepared. If the employee or supervisor disagreed with the determination, the Director of Personnel ordinarily would redo the audit. (See E-21—E-23, E-26). Lanyon filled out her questionnaire (A-40; PX84) and was visited by Maurice Rouselle of the Personnel Office to verify the information.⁷ (A-51, A-52; see E-22, E-23). Her request for reclassification was denied because Rouselle felt that the minimum standards required for the position did not meet the criteria of the Fair Labor Standards Act. (DX47). There is some evidence in the record that Lamison told Lanyon after this denial that a college degree would be preferable if she were to be classified as a professional. (A-45). None of the other planners in the department had a degree except for Lamison. (A-46). Lanyon completed the requirements for a liberal arts degree from Goddard College in 1974. (PX6). Lamison's advice was probably erroneous, because testimony at trial indicated that the practice of the Personnel Office was to examine the position, not the person holding the position (E-28, E-30); furthermore, a college degree was not a prerequisite to holding a professional position. (C-66, E-31). Nothing in the record indicates that Lanyon sought a review of Rouselle's determination.

Lanyon's second formal attempt at reclassification occurred in the spring of 1975, under a new reclassification procedure. (A-48). Kenneth Thorpe, Director of Personnel, initiated the review within the Personnel Department. (E-27—E-30, E-46). Ronald Frey, an employee of the Personnel Department, sent Lanyon a form to fill out (PX32, DX51) which was to be submitted to Vice President Hocutt, who was responsible for signing it before sending it on for review by the Professional and Administrative Personnel Committee. (A-49; see PX26; PX27). Lamison worked with Lanyon in preparing the form. When Hocutt received the questionnaire, he indicated his disapproval, because he thought that Lamison was...