Russell v. Belmont College, Civ. A. No. 81-3283.

• Decision Date: 03 December 1982
• Docket Number: Civ. A. No. 81-3283.
• Citation: 554 F. Supp. 667
• Parties: Anne L. RUSSELL v. BELMONT COLLEGE et al.
• Court: U.S. District Court — Middle District of Tennessee

554 F. Supp. 667

Anne L. RUSSELL v. BELMONT COLLEGE et al.

Civ. A. No. 81-3283.

United States District Court, M.D. Tennessee, Nashville Division.

December 3, 1982.

COPYRIGHT MATERIAL OMITTED

Lionel R. Barrett, Jr. and William P. Redick, Jr., Nashville, Tenn., for plaintiff.

James P. Guenther, and R. Kreis White, Nashville, Tenn., for defendants.

MEMORANDUM

JOHN T. NIXON, District Judge.

This is a sex discrimination case. The plaintiff, Dr. Anne L. Russell, alleges discriminatory discharge and discriminatory treatment on the basis of her sex in the compensation, terms, conditions and privileges of her employment under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and the Equal Pay Act of 1963, 29 U.S.C. § 206(d), amending the Fair Labor Standards Act of 1938, 29 U.S.C. § 201, by the defendants Belmont College, Dr. Herbert Gabhart, President, Dr. J.M. Galloway, chairman, department of education, and Dr. Glen Kelley, academic dean. The plaintiff invokes this Court's jurisdiction under 28 U.S.C. § 1343. The plaintiff also alleges pendent jurisdiction over certain state claims—breach of contract, interference with employment contract, interference with prospective employment, invasion of privacy, outrageous conduct, defamation, conspiracy and negligence—and seeks declaratory and injunctive relief, reinstatement, and damages including back pay.

The case is before the Court on the defendants' motion for summary judgment under Fed.R.Civ.P. 56. The motion presents a novel issue concerning the applicability of the Equal Pay Act to a church-controlled college. The defendants seek dismissal of the plaintiff's Title VII claim because it was not timely filed with the Equal Employment Opportunity Commission (EEOC) and dismissal of the plaintiff's pendent state law claims for failure to state essential elements of the state claims. For the reasons stated below, the Court will grant in part and deny in part the defendants' motion for summary judgment.

I.

The material facts of this case necessary for disposition of the defendants' motion are undisputed. Dr. Russell is a female citizen of the United States. She was employed from August 1979 until May 1980 as an assistant professor in the department of education at Belmont College. Belmont College is an educational institution created and controlled by the Tennessee Baptist Convention, which is an association of Southern Baptist Churches in the State of Tennessee. Many of the students and faculty members at Belmont College are members of the Baptist faith. Although Belmont College does not have a seminary or otherwise prepare students for the ministry, religious activities play an important role at Belmont College. For example, the 1979-1980 Belmont College Bulletin indicates that students are expected to attend a convocation during which a chapel service is conducted. If a student has a 20% absence rate from chapel services, then that student is on probation. A 25% absence rate from chapel services results in an automatic semester suspension. Affidavit of R. Kreis White, Attachment A.

The Tennessee Baptist Convention explains the purpose and function of Belmont College in "The Program of Christian Higher Education of Belmont College". Affidavit of James P. Guenther, Attachment G. The purpose of Belmont College as described by the Tennessee Baptist Convention is

To maintain a liberal-arts-centered, church-related institution, dedicated to education as a means of enhancing the student's appreciation of his cultural heritage, of increasing his effectiveness in assimilating and communicating ideas and facts, and of equipping him for citizenship in a free society. The college seeks to implement this purpose by maintaining standards essential to scholarship, by providing basic knowledge in the arts and sciences, by offering professional training in certain special areas, and by emphasizing the spiritual and intellectual qualities that are the mark of the Christian; and thus to develop mature individuals who will bring to their chosen careers ability and incentive to achieve intelligently and resourcefully, in accordance with Christian precepts.

The functions of Belmont College as described by the Tennessee Baptist Convention is to operate an accredited undergraduate school, to provide professional assistance to churches, businesses and individuals, to maintain adequate facilities for services rendered and for students, to recruit students and provide a well-rounded program of activities, to secure funds for the College, and to maintain good public relations. Noteworthy in the stated purpose and functions of Belmont College is the absence of any role to provide seminary training for students desiring to enter the ministry.

It is further undisputed that Dr. Russell entered a faculty contract with Belmont College on August 15, 1979 for the 1979-80 school year, which began in August 1979 and terminated in May 1980. Affidavit of R. Kreis White, Attachment D. That faculty contract provided a salary of $13,200 for Dr. Russell and specifically stated that:

"This is a one-year contract with no intent to continue beyond the 1979-80 school year".

On January 16, 1980, Mr. Glen E. Kelley, executive vice president, Belmont College wrote Dr. Russell concerning her employment with Belmont. He stated in his letter,

This is to make certain that there is no misunderstanding in regard to your status for the next academic year. As specified in the contract you signed on August 15, 1979, Belmont College will not offer you a faculty contract for the 1980-81 school year.

Thank you for your work at Belmont this year.

Id. Attachment E. Accordingly, Dr. Russell's employment with Belmont College terminated in May 1980.

II.

The first question raised in the defendants' motion is the novel issue of whether the Equal Pay Act of 1963 (EPA) applies to Belmont College, a church-controlled educational institution. The defendants maintain that application of N.L.R.B. v. Catholic Bishop of Chicago, 440 U.S. 490, 99 S.Ct. 1313, 59 L.Ed.2d 533 (1979) requires this Court to conclude that the EPA does not apply to Belmont College. In Catholic Bishop, the Supreme Court addressed the issue of whether lay teachers in schools labeled as "minor seminaries"¹ operated by the Catholic Bishop of Chicago are within the jurisdiction of the National Labor Relations Act (NLRA). The Court held that the NLRA did not apply to lay teachers in church operated schools.

In determining the scope of the NLRA in Catholic Bishop, the Court was guided by the general rule of statutory interpretation that: a statute will not be construed as violative of the Constitution if any other possible construction is available. Id. at 500, 99 S.Ct. at 1318. Recognizing the troublesome First Amendment questions raised if the NLRB had jurisdiction over lay teachers employed by the Catholic Bishop of Chicago, the Court formulated a test consistent with the general rule of statutory interpretation. As the Court explained, it must determine "whether the Board's exercise of its jurisdiction here would give rise to serious constitutional questions". Id. at 501, 99 S.Ct. at 1319. If so, the NLRA cannot be applied unless there is an "affirmative intention of Congress clearly expressed. Id.²

In this case, the defendants argue that neither the legislative history nor the terms of the Equal Pay Act evidence a clear affirmative intention by Congress that the Act should apply to church-controlled colleges. At least one federal district court agrees with the defendants' position. In Ritter v. Mount St. Mary's College, 495 F.Supp. 724 (D.Md.1980), the Court applied Catholic Bishop in a case involving Mount St. Mary's College, the "oldest private, independent Catholic institution of higher learning in the United States". Id. at 725.³ At issue in Ritter was whether Mount St. Mary's College was required to comply with the Equal Pay Act as it relates to a lay female faculty member. The Court applied the Catholic Bishop clear affirmative intention test and concluded "that Congress did not demonstrate a clear, affirmative intention to include religiously affiliated schools within the sweep of the Equal Pay Act of 1963". Id. at 727-28 and n. 5. Of course, only the Supreme Court will be the final arbiter of this issue. For present purposes, however, this Court concludes for the reasons stated in Parts II and III of this Memorandum that the Catholic Bishop test does not apply, briefly those reasons are as follows.

First, the Catholic Bishop test does not apply because in determining the scope of the Equal Pay Act, this Court is guided by decades of judicial precedents interpreting the Fair Labor Standards Act of 1938 (FLSA). Given that the EPA merely amended the FLSA and given that the legislative history of the EPA incorporates the principles developed under the FLSA, it is appropriate for this Court to apply rules of statutory interpretation arising out of the FLSA to determine the scope of the EPA. Moreover, the Catholic Bishop test resulted in church affiliated schools being exempt from the NLRA. The rule of statutory interpretation in Catholic Bishop exempting church affiliated schools may be contrary to the FLSA and EPA rule of narrowly construing exemptions from the Acts.

Second, Catholic Bishop does not apply because this Court cannot fairly construe the EPA to exclude the type of persons involved in this case. Without doubt, Belmont College is an "employer" for purposes of the FLSA and EPA. Without doubt, Belmont College as an institution of higher learning is probably an "enterprise engaged in commerce" for purposes of the FLSA. Without doubt, Dr. Russell as a college teacher is an "employee" for purposes of the EPA. Given these specific inclusions of Belmont College and Dr. Russell into the meaning of the EPA and FLSA, this Court will not perform some magical acts of statutory interpretation and ignore the clear and unmistakable...