Parr v. Woodmen of the World Life Ins. Soc.

• Decision Date: 02 April 1987
• Docket Number: Civ. A. No. 83-52-ATH (WDO).
• Citation: 657 F. Supp. 1022
• Parties: Don L. PARR, Plaintiff, v. WOODMEN OF THE WORLD LIFE INSURANCE SOCIETY, Defendant.
• Court: U.S. District Court — Middle District of Georgia

657 F. Supp. 1022

Don L. PARR, Plaintiff, v. WOODMEN OF THE WORLD LIFE INSURANCE SOCIETY, Defendant.

Civ. A. No. 83-52-ATH (WDO).

United States District Court, M.D. Georgia, Athens Division.

April 2, 1987.

Joseph C. Nelson, III, Athens, Ga., for plaintiff.

Ginger S. McRae, Atlanta, Ga., for defendant.

OWENS, Chief Judge:

Plaintiff Don L. Parr filed his complaint against defendant Woodmen of the World Life Insurance Society alleging that in contravention of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. and of 42 U.S.C. § 1981 the defendant on May 13, 1982, discriminated against him by refusing to hire him as a field representative because of his being married to a black woman. Defendant moved to dismiss the plaintiff's complaint for failure to state a claim. The motion was granted but upon appeal that ruling was reversed. Parr v. Woodmen of the World Life Ins. Co., 791 F.2d 888 (11th Cir.1986). The case then came on to be heard before the court without a jury. The evidence and all submitted by the parties having been considered, this constitutes the court's findings of fact and conclusions of law. Rule 52, Federal Rules of Civil Procedure.

Findings of Fact

1. Within 180 days of the occurrence of the acts complained of, plaintiff filed

charges of employment discrimination with the Equal Employment Opportunity Commission. Thereafter, plaintiff received a "Notice of Right to Sue" from said Commission entitling him to institute this civil action, which was filed within 90 days of receipt of said notice.

2. Plaintiff Don L. Parr is a white man who, since January 13, 1972, has been married to a black woman.

3. Plaintiff Parr was born in Jackson County, Georgia, on October 26, 1942. He attended Banks County High School in Homer, Georgia, through most, but not all, of the eleventh grade. Other than on-the-job training he has no further formal education.

4. From 1959 until late 1971 plaintiff Parr was employed as produce manager for two different food stores in Commerce, Georgia, and as produce manager and meat market manager of a third food store in Jefferson, Georgia. He began in 1959 at $40.00 per week, progressed monetarily, and in 1971 was earning $195.00 per week. From October, 1971, until April, 1972, he was self-employed as a brick mason earning about $200.00 per week; during that same period he also worked as a chef for the Commerce, Georgia, Holiday Inn. In April, 1972, he began work with Mumford, Inc. as a store manager and continued with that company until around July, 1975, earning between $175.00 and $250.00 per week. From July, 1975, until January, 1977, he owned and operated the D & M Grocerteria in Athens, Georgia, drawing $200.00 per week against his store profits.

5. In January, 1977, Mr. Parr went to work for Coastal States Life Insurance Company as a debit manager (route life insurance salesman) with responsibility for door-to-door selling of life insurance and collection of premiums; his debit included Barrow and Jackson Counties. Mr. Parr earned a base salary of $175.00 per week plus commission for a total of between $250.00 and $350.00 per week, out of which he furnished and paid for his own transportation. He left in August, 1979, because he "was spending more money driving ... than he was making." Trial Transcript, p. 6.

6. For a short time Mr. Parr worked for Wabash Life Insurance Company selling mainly cancer insurance on a commission basis, and then in November, 1979, he went to work for Security Life Insurance Company as a debit life insurance salesman earning $250.00 per week and commission. He left Security in two to three months to earn more money and became employed by State Mutual Insurance Company as a debit agent on January 21, 1980. He remained in that job until February 23, 1981, when he resigned. Thereafter until the incident that is before the court, Mr. Parr again sold cancer policies for Wabash on a straight commission basis.

7. During his employment with State Mutual Insurance Company Mr. Parr "was paid $230 per week salary or draw for the period of time that he was supposed to accumulate funds in the pool."

The gross pay calculations of Mr. Parr, excluding his first 13 weeks of employment for which he was receiving a salary, show his weekly average for each month as follows:

                FISCAL YEAR ENDING
                JUNE 30, 1980
                 MONTH      WEEKLY AVERAGE
                April            $383.00
                May               400.00
                June              395.00
                FISCAL YEAR BEGINNING
                JULY 1, 1980 AND ENDING
                JUNE 30, 1981
                 MONTH      WEEKLY AVERAGE
                July            $316.00
                August           317.00
                September        285.00
                October          311.00
                November         279.00
                December         181.00
                January          151.00
                February         116.00
                

For the three months of the fiscal year ending June 30, 1980, plaintiff's average weekly paycheck during April, May and June was $393.00. Beginning with the fiscal year of the company in July of 1980, to and including the date of plaintiff's resignation, his average weekly paycheck was $209.00. This shows a reduction of almost 50% from one year to the next.

In comparing the last three months of his employment in December 1980 and January and February 1981 with the last three of the fiscal year ending June 30, 1980, there is a decrease from $393.00 to $150.00 in his average weekly paycheck, which represents a decrease of approximately 62% in his paycheck.

Plaintiff had a lapse percentage in policies that he had written of approximately 75%.

Of the 417 policies that plaintiff wrote while with State Mutual, 75% or 315 lapsed, while only 16% of the policies which had been assigned to him by the company lapsed.

The plaintiff left his employment with State Mutual because he was not making enough money.

The plaintiff had no job prospects when he resigned from State Mutual's employment.

Defendant's Exhibit 6 (Findings of Fact, Parr v. State Mutual Ins. Co., No. 82-313R (N.D.Ga. May 8, 1984)), pp. 5-8. From February 23, 1981, until May 10, 1982, when plaintiff Parr engaged the services of AAA Employment Services of Athens, Georgia to find him a job, Mr. Parr unsuccessfully sought employment with each of the following insurance companies and as to each contended, by filed EEOC charge, that he was denied employment and thus discriminated against because he is married to a black female:

(a) Life and Casualty Insurance Company; February or March, 1982.

(b) United Family Life Insurance Company; March and June, 1982.

(c) State Mutual Insurance Company; about March 1, 1982, Defendant's Exhibits 2, 5 and 6.

8. AAA Employment Service has an Athens, Georgia office in the same building in which defendant's Athens office is located. On May 10, 1982, plaintiff Parr went to AAA Employment Service, talked to Marilyn Head and filled out AAA's application form. Plaintiff's Exhibit 2. Vicki Wagner, another AAA employee, was also present but did not interview Mr. Parr.

9. Plaintiff Parr, in his testimony, described this visit to AAA as follows:

"Q. And tell — explain to the Judge what happened when you went to Triple A, what you did and what was said.

"A. Well, I had been to several places for employment and I had been turned down so I never have really believed in paying for a job but to get a job, and I — at that time, I really needed one, I did go to Triple A Employment to see if they could place me for a job. When I got there, I talked to a lady by the name of Vicki Wagner and I told her I was seeking a job. And she first of all asked me to fill out this application. After I filled out the application, she said that she would go through her files and try to find something that was suited for me. And I asked her to please make anyone that she set up an interview with me for, to make them aware that my wife was black because I needed a job and I didn't want to waste anyone's time, my time or her time, if anyone was prejudiced towards me for that reason. And she assured me that she would and she told me to call her in a couple of days and she would try to set something up for me.

"Q. did you call her back in a couple of days?

"A. Yeah, I called her back in a couple of days. Vicki wasn't there at the time I called back, there was a lady by the name of Marilyn, I don't remember what her last name was. She said that Vicki wasn't there but she had set me up an appointment with Woodmen of the World. And she asked me to come down and pick up the card so I could go up and be interviewed with Woodmen of the World."

Plaintiff's Exhibits 9 and 10.

10. Before plaintiff Parr visited AAA on May 10, Marilyn Head had talked to Walt Jordan, Area Manager of defendant Woodmen of the World, and learned that Woodmen was looking for experienced life insurance salespeople. In particular, she was told Woodmen was looking for "middle-aged, settled" persons. (Head Deposition, p. 9). As a result, an interview for Don Parr with Walt Jordan of Woodmen was arranged.

11. Marilyn Head does not remember plaintiff Parr saying anything to her during the initial interview about his black wife. All she remembers is arranging the interview. (Head Deposition, p. 10).

12. Plaintiff Parr went back to AAA, signed for and picked up an interview appointment card. He was interviewed on May 14, 1982, at 10:30 a.m. by Walt Jordan of Woodmen of the World.

13. Plaintiff Parr, in testifying, described the interview as follows:

"Q. what happened when you went — who did you see at Woodmen and what went on with that? What did y'all talk about?

"A. I went up there and introduced myself and it was a gentleman by the name of Walter Jordan. I presume he was the Manager for Woodmen of the World. I gave him the card and we had approximately hour and a half, two hour interview.

"Q. What kind of things did y'all talk about, yourself, insurance business?

"A. Oh, we talked about the insurance business, what kind of experience I had, the type of debits I had serviced, type of insurance I had sold.

"Q. Did he give you any...