Makhija v. Deleuw, Cather and Co., 82 C 881.
| Decision Date | 20 July 1987 |
| Docket Number | No. 82 C 881.,82 C 881. |
| Parties | Joginder Kumar MAKHIJA, Plaintiff, v. DELEUW, CATHER AND COMPANY, Defendant. |
| Court | U.S. District Court — Northern District of Illinois |
Irene Savanis, Chicago, Ill., Keith C. McDole, Dallas, Tex., for plaintiff.
Edward J. Zulkey, Gerald L. Maatman, Baker & McKenzie, Chicago, Ill., for defendant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Joginder Kumar Makhija ("Makhija") has sued his former employer DeLeuw, Cather and Company ("DeLeuw") for its alleged discrimination against him because of his national origin (Makhija was originally from India). Makhija's claim is asserted under Title VII, 42 U.S.C. §§ 2000e to 2000e-17. This Court has conducted a bench trial and received post-trial submissions from the litigants, and it now finds the facts specially and states its conclusions of law thereon, as required by Fed.R. Civ.P. 52(a), in the following Findings of Fact ("Findings") and Conclusions of Law ("Conclusions"). To the extent (if any) the following Findings may be deemed conclusions of law, they shall also be considered Conclusions. To the extent (if any) matters later expressed as Conclusions may be deemed findings of fact, they shall also be considered Findings.
1. Makhija claims he was discriminated against on the basis of his national origin by his former employer, DeLeuw, when he was terminated in May 1975 on the pretext that he took two vacation days without authorization. In addition, Makhija claims DeLeuw's overt discrimination had become clear at least by mid-March 1975, when Makhija's request for a promotion was denied unjustifiably.2
2. DeLeuw claims Makhija was properly terminated for taking an unauthorized vacation during a critical deadline period for a specific project.
3. Makhija filed this action February 16, 1982, less than 90 days after he received a Notice of Right to Sue ("right-to-sue letter") from the Equal Employment Opportunity Commission ("EEOC"). Makhija had long before instituted timely administrative proceedings by filing charges against DeLeuw with EEOC on June 4, 1975 and with the Illinois Fair Employment Practices Commission ("FEPC") on June 10, 1975. After conducting an investigation, EEOC determined there was reasonable cause to believe (a) Makhija was discharged because of his national origin and (b) DeLeuw's alleged basis for discharging Makhija was a pretext. On July 17, 1981 EEOC issued a written determination to that effect.3 (PXs 26, 39, 64)
4. Initially Makhija represented himself pro se and proceeded with substantial discovery and the briefing of DeLeuw's Motion for Partial Summary Judgment. This Court's May 30, 1983 unpublished opinion denied that motion. Thereafter this Court appointed Makhija's present counsel to represent him.
5. Makhija was born and raised in India. Although his parents spoke mainly Hindi, from the beginning Makhija was educated bilingually in Hindi and English. By the time he was in high school most of his studies were conducted in English. After finishing high school Makhija attended Dayal Bagh Technical College for three years and received a diploma in electrical engineering in 1964. All the courses there were conducted in English. (Makhija Test.; Facts ¶ 3)
6. In 1965 Makhija came to the United States, where he received three degrees (Facts ¶ 3):
In August 1970 Makhija became a permanent resident of the United States. On October 21, 1982 Makhija became a United States citizen. (Facts ¶ 1)
7. After graduating from CTC in 1967 and before he was hired by DeLeuw, Makhija performed mechanical engineering and related work for several engineering firms: C.F. Murphy Associates, A. Epstein & Sons (after which he left for an extended visit to India), Environmental Systems Design, Inc. and Pace Associates (Makhija Test.; JX 6 at 22). No evidence suggests his work with any of those engineering firms was other than satisfactory.
8. Makhija's trial testimony demonstrated him to be both articulate and intelligent. At present he holds a highly responsible position as Chief of Engineering at Hansen, Lind & Meyer, a Chicago engineering firm. Subject only to the commonly encountered phenomenon that parties litigant, as witnesses, often tend to recall certain events in a light most favorable to themselves,4 Makhija was a highly credible witness. These Findings for the most part credit his testimony — where they do not, that is the product of this Court's sense that the qualifying factor stated in the preceding sentence was unintentionally at work.
9. DeLeuw is an Illinois corporation having its principal place of business in Chicago. It does business throughout the world, providing consulting, engineering and planning services. (Facts ¶ 2)
10. There was conflicting testimony between DeLeuw's former Chief Mechanical Engineer Edmund Sebastian ("Sebastian") and its former Personnel Manager John O'Connor ("O'Connor") as to whether or not DeLeuw was administered in a decentralized manner under which department heads made most employment decisions, including hiring, promotion and termination determinations (O'Connor said "yes"; Sebastian said "no"). This Court resolves that conflict in O'Connor's favor.5 It is a reasonable inference (and a reasonable reconciliation of the two men's conflicting testimony), and this Court finds, that even if certain of those decisions may have technically called for formal approval from an executive vice-president or head of the Chicago office, in practical and realistic terms they were made by department heads such as Sebastian and his predecessor as Chief Mechanical Engineer, Harry Watson ("Watson"), whose recommendations would consistently be confirmed by the executive vice-president or head of the office. Indeed, that was the essential thrust of the testimony of now-retired DeLeuw Executive Vice-President John Linden ("Linden") (Linden Dep. 20-21, 22-23, 31-32). Thus all such personnel decisions and commitments made by Watson or Sebastian may fairly be viewed as having been made by DeLeuw itself.
11. On October 6, 1972 DeLeuw hired Makhija for its Mechanical Engineering Department in Chicago. Watson (who died in 1978) was then Chief Mechanical Engineer at DeLeuw's Chicago office and remained in that position until October 1974, when Sebastian succeeded him. (Facts ¶ 5; Makhija Test.)
12. Only Watson interviewed Makhija for the DeLeuw position. After questioning Makhija on his technical and educational background, Watson immediately offered Makhija a position at a monthly salary of $1085. Initially Makhija hesitated to accept the job at that salary level, because he did not think it was commensurate with his background and experience, but he accepted the position after Watson assured him not to worry and that "we'll take care of you." (Makhija Test.; PX 4)
13. At all relevant times DeLeuw had a policy and practice of classifying its professional engineers into various grades for the purpose of determining salary and job responsibilities. Those grades ranged from a low of Grade I to a high of Grade VIII, with various classifications and a range of pay scales within each grade. Makhija was hired as a Grade II mechanical engineer. (Makhija Test.; PX 2)
14. It is clear (based not only on Makhija's own statements but on the objective evidence discussed in this and later Findings) that during the time he was Makhija's supervisor Watson was pleased with Makhija's work and with his ability and progress as an engineer. Based on Watson's recommendations Makhija received several salary increases and promotions:
Because of Makhija's low starting salary, those increases still did not bring him to a pay level commensurate with his experience and education. That however did not reflect any discrimination based on his national origin (or any other invidious form of discrimination).
15. In 1973 and 1974 Makhija attended evening classes in industrial engineering at IIT. On Watson's recommendation DeLeuw paid Makhija's tuition there. DeLeuw's policy was to pay tuition for courses that were mutually beneficial to both DeLeuw and the employee. (PX 3; O'Connor Test.)
16. In 1973 and 1974 Makhija worked with Watson on a solar energy project for TRW, Inc. (the "Solar Energy Project"). Makhija carried substantial responsibilities on the project and had substantial direct contact with the client, both by telephone and in writing. Makhija was responsible for drafting several monthly reports for editing by Watson. At the end of the project Makhija and Watson compiled an extensive final report6 (PXs 5, 6, 7, 8 and 9). Makhija's work on the Solar Energy Project was substantially beyond the usual duties of a Grade III engineer. At that time DeLeuw did not customarily assign the writing of reports to engineers below Grade V. (PX 27; Brandon Dep. 25-26)
17. Makhija's involvement in the Solar Energy Project demonstrated Watson's confidence in Makhija's capabilities and progress as an engineer, because the project was a difficult task that related to a newly-developing area of engineering and required a substantial amount of creative thinking and sophisticated analysis. Both the difficulty of the project and Watson's having reposed an unusually high level of responsibility in Makhija confirm the high degree of confidence...
To continue reading
Request your trial
-
Beachem v. Williams, 03 C 9263.
...testimony by deciding upon a theory that is most consistent with all the available evidence. See, e.g., Makhija v. Deleuw, Cather and Co., 666 F.Supp. 1158, 1161 (N.D.Ill.1987). It is not troublesome that one of the purportedly conflicting pieces in this case is Petitioner's confession. Alt......
-
Fleming v. Kane County, 85 C 8641.
...recovery. 14 This Court awarded prejudgment interest at rates much like those for which Fleming contends in Makhija v. DeLeuw Cather & Co., 666 F.Supp. 1158, 1176 (N.D.Ill.1987). But Makhija was a bench trial, so this Court was making all the factual as well as the legal determinations on t......