Saracini v. Missouri Pac. R. Co.

• Decision Date: 12 May 1977
• Docket Number: No. LR 72 C 248.,LR 72 C 248.
• Citation: 431 F. Supp. 389
• Parties: Emogene Rowlett SARACINI, Plaintiff, v. MISSOURI PACIFIC RAILROAD COMPANY, Defendant.
• Court: U.S. District Court — Eastern District of Arkansas

431 F. Supp. 389

Emogene Rowlett SARACINI, Plaintiff, v. MISSOURI PACIFIC RAILROAD COMPANY, Defendant.

No. LR 72 C 248.

United States District Court, E. D. Arkansas, W. D.

May 12, 1977.

COPYRIGHT MATERIAL OMITTED

James E. Youngdahl of Youngdahl, Larrison & Agee, Little Rock, Ark., for plaintiff.

Herschel H. Friday and B. S. Clark, Little Rock, Ark., for defendant.

MEMORANDUM DECISION

NICHOL, Chief Judge (Sitting by Designation).

This is an action arising under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. sections 2000e et seq. Specifically, plaintiff alleges a violation of 42 U.S.C. section 2000e-2(a).¹ She alleges that defendant denied her a promotion to the position of secretary to the Arkansas Division Superintendent of the Missouri Pacific Railroad Company because of her sex. The complaint prays that plaintiff be awarded the desired position, back pay, appropriate injunctive relief, and costs and attorney's fees. Jurisdiction in this court is based on 42 U.S.C. sections 2000e-5(e) and 2000e-5(f), and on 28 U.S.C. section 1343(4).

Plaintiff, Emogene Rowlett Saracini, has been employed by the defendant, Missouri Pacific Railroad Company (MoPac), since April 9, 1951. She has worked in various localities with MoPac, primarily as a steno-clerk. Since 1966 her position has been General Clerk in the office of the Little Rock General Manager.

In September of 1969, the secretary to the Arkansas Division Superintendent was promoted. Mrs. Saracini was asked by Mr. A. W. Rees, the superintendent, to fill the position temporarily until another secretary could be found.² She worked in this capacity for two weeks, until Mr. David L. Harrison was selected for the post. During this two week period, Mrs. Saracini asked Mr. Rees for a permanent promotion to the position of secretary. Rees refused, stating that he had to have a man for the job.³ Mrs. Saracini filed a charge with the Equal Employment Opportunity Commission. A right to sue letter was issued, and this action commenced. Trial was had to the court on May 4-5, 1976.

Burden of Proof

In a Title VII suit the plaintiff has the initial burden of proof to establish a prima facie case of discrimination.

This may be done by showing (i) that he belongs to a . . . minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his qualifications, he was rejected; and (iv) that, after his rejection, the position remained open and the employer continued to seek applicants from persons of complainant's qualifications.

McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973); see also Gilmore v. Kansas City Terminal Ry. Co., 509 F.2d 48, 51 (8th Cir. 1975). Although originally articulated in a race discrimination case, these factors are also applicable to cases alleging discrimination based on sex. See, e. g., East v. Romine, Inc., 518 F.2d 332 (5th Cir. 1975).

Once the plaintiff has established a prima facie case of discrimination, the burden shifts to the employer "to articulate some legitimate, nondiscriminatory reason for the employee's rejection." McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973). If the employer carries this burden, and rebuts the prima facie case, the burden then returns to the employee to demonstrate that the employer's reasons for rejection were in fact a pretext for unlawful discrimination. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). The ultimate burden of proof rests with the plaintiff. Stevens v. Junior College District of St. Louis, 548 F.2d 779 (8th Cir. 1977). Naraine v. Western Electric Co., Inc., 507 F.2d 590 (8th Cir. 1974).

The Prima Facie Case

To establish her prima facie case of discrimination, Mrs. Saracini introduced Equal Employment Opportunity Employee Information Reports. These reports demonstrate that there were very few women employed by MoPac in positions higher than office and clerical. While the figures by themselves are not very enlightening or persuasive,⁴ this court does find that the statistics create an inference that women are discriminated against in promotion to higher level positions with defendant. Gilmore v. Kansas City Terminal Ry. Co., 509 F.2d 48 (8th Cir. 1975); Parham v. Southwestern Bell Telephone Co., 433 F.2d 421 (8th Cir. 1970). This inference is further supported by the fact that at trial, MoPac at no time attempted to disprove this inference. This court is satisfied that plaintiff has demonstrated a prima facie case of discrimination against women as a group by MoPac.

To prove discrimination as to herself, however, plaintiff must show more than the fact that she is a woman. She must also establish that she applied for a job for which she was qualified, that she was rejected despite her qualifications, and that the position which she sought remained open after her rejection, with the employer seeking applicants from persons of similar qualifications. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). The evidence is clear that plaintiff applied for the position in question, that her application was rejected, and that her position was subsequently filled by another. The question which remains is whether plaintiff was qualified for the position.

Title VII is designed to eliminate discrimination; it does not require that unqualified persons be hired, retained, or promoted. Griggs v. Duke Power Co., 401 U.S. 424, 91 S.Ct. 849, 28 L.Ed.2d 158 (1971); Thompson v. McDonnell Douglas Corp., 552 F.2d 220 (8th Cir. 1977); Sabala v. Western Gillette, Inc., 516 F.2d 1251 (5th Cir. 1975); Adams v. Texas & Pacific Motor Transport Co., 408 F.Supp. 156 (E.D.La.1975). After examining the evidence in this case, this court concludes that plaintiff has demonstrated that she was at least presumptively qualified for the position which she sought. Mr. Rees, the superintendent, stated that plaintiff "probably was qualified" for the position. He testified that in his opinion Mrs. Saracini was a very competent steno, and a "pretty good clerk." She was proficient at both typing and shorthand. Although defendant has introduced evidence of nondiscriminatory justification for its actions, see Henry v. Ford Motor Co., 553 F.2d 46 (8th Cir. 1977), this court finds that plaintiff has established a prima facie case of discrimination as to herself.

Defendant's Case

Because the plaintiff has established a prima facie case of discrimination, the burden is now on the defendant to come forward with a legitimate justification for its actions. It is the opinion of this court that defendant must meet this burden on two fronts. Initially, it must demonstrate that its promotion procedure, as applied to the position in question in this case, is nondiscriminatory. Secondly, it must show that the promotion procedure did not discriminate against plaintiff. See Peltier v. Fargo, 533 F.2d 374 (8th Cir. 1976). These questions will be examined individually.

A. The Promotion Procedure

The evidence presented at trial established that the method of promotion to the position of secretary to a division superintendent was entirely dependent upon the individual superintendent involved. Mr. Rees viewed the position as appointive, and stated that "Nobody makes application for that job. There's no applicants at all. I choose who I want." It is also clear that there was no written description of the job available, that no notices of vacancy were posted, and that there were no standards which superintendents were required to apply in evaluating persons for the job.

It is well settled that "subjective standards" applied to the evaluation of employees, whether for hiring or promotion, are subjected to close scrutiny by the courts. United States v. Hazelwood School Dist., 534 F.2d 805 (8th Cir. 1976); Rogers v. International Paper Co., 510 F.2d 1340 (8th Cir. 1975), vacated and remanded on other grounds, 423 U.S. 809, 96 S.Ct. 19, 46 L.Ed.2d 29 (1975); United States v. N. L. Industries, Inc., 479 F.2d 354 (8th Cir. 1973); see also Stewart v. General Motors Corp., 542 F.2d 445 (7th Cir. 1976); Robinson v. Union Carbide Corp., 538 F.2d 652 (5th Cir. 1976); Senter v. General Motors Corp., 532 F.2d 511 (6th Cir. 1976); Causey v. Ford Motor Co., 516 F.2d 416 (5th Cir. 1975); Baxter v. Savannah Sugar Refining Corp., 495 F.2d 437 (5th Cir. 1974), cert. denied 419 U.S. 1033, 95 S.Ct. 515, 42 L.Ed.2d 308 (1974); Rowe v. General Motors Corp., 457 F.2d 348 (5th Cir. 1972). The law in the Eighth Circuit "is clear that employment decisions based on subjective standards carry little weight in rebutting charges of discrimination." United States v. Hazelwood School Dist., 534 F.2d 805, 813 (8th Cir. 1976).

After a careful consideration of the evidence presented, this court finds that MoPac's promotion procedure in this case is violative of Title VII. Although defendant has been able, through various witnesses, to establish certain qualifications which would be required of a person seeking this position, this does not remove the fact that the final decision under the present procedure rests in the unguided hand of the particular superintendent involved. As the court in Rowe v. General Motors Corp. observed:

All we do today is recognize that promotion/transfer procedures which depend almost entirely upon the subjective evaluation and favorable recommendation of the immediate foreman are a ready mechanism for discrimination . . . much of which can be covertly concealed and, for that matter, not really known to management.

457 F.2d 348, 359 (5th Cir. 1972);⁵ see also Rogers v. International Paper Co., 510 F.2d 1340, 1345-46 (8th Cir. 1975), vacated and remanded on other grounds 423 U.S. 809, 96 S.Ct. 19, 46 L.Ed.2d 29 (1975). The justification for this concern is well illustrated in the instant case, where the testimony of...