Schaulis v. CTB/McGraw-Hill, Inc., C-79-0127-WAI.

• Decision Date: 15 August 1980
• Docket Number: No. C-79-0127-WAI.,C-79-0127-WAI.
• Citation: 496 F. Supp. 666
• Court: U.S. District Court — Northern District of California
• Parties: Saundra H. SCHAULIS, on behalf of herself and others similarly situated, Plaintiff, v. CTB/McGRAW-HILL, INC., Defendant.

496 F. Supp. 666

Saundra H. SCHAULIS, on behalf of herself and others similarly situated, Plaintiff, v. CTB/McGRAW-HILL, INC., Defendant.

No. C-79-0127-WAI.

United States District Court, N. D. California.

August 15, 1980.

COPYRIGHT MATERIAL OMITTED

Shirley & Shepherd (George P. Shirley, Rodney J. Shepherd), Pacific Grove, Cal., Barbara Ashley Phillips, San Francisco, Cal., for plaintiff.

McCutchen, Doyle, Brown & Enersen (Jack G. Knebel, Rita L. Giles, John M. Riestenberg, Michael S. Hindus), San Francisco, Cal., for defendant.

MEMORANDUM OF DECISION

INGRAM, District Judge.

Introduction

Saundra Schaulis applied for a job as an Editor at CTB/McGraw-Hill, a test publishing company, on September 8, 1977, and began work as a temporary Assistant Editor I three days later. Ten months later she was promoted to Assistant Editor II, and received a salary increase, along with promotion to permanent status. However, believing that she had been subjected to unlawful discrimination on the basis of sex, plaintiff filed two charges with the Equal Employment Opportunity Commission ("EEOC"), and ultimately resigned from her job thirteen months after she was hired. This sex discrimination class action, brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., was filed in March 1979.

Defendant has moved for summary judgment. On March 5, 1980, this Court issued a Memorandum of Decision granting defendant's motion. On March 17, 1980, plaintiff moved for reconsideration. The Court indicated that it was inclined to reconsider its earlier ruling, and invited oral argument. On July 28, 1980, extensive oral argument took place before the Court. On the basis of the moving papers, supporting documents, and the oral arguments, this Court now reaffirms its earlier decision granting defendant's motion for summary judgment. However, the Court believes that a reiteration of its reasoning is appropriate, and thus the motion is granted for the reasons discussed herein, rather than for those expressed in the March decision.

Summary judgment

There is no question that the party moving for summary judgment is held to a stringent standard. Summary judgment cannot be granted unless the moving party would prevail even if any doubt as to the existence of a genuine issue of material fact is resolved against him. The evidence must be construed in favor of the opposing party, and the opposing party is given the benefit of all favorable inferences. The standard of review was succinctly set forth in the following terms by Judge Renfrew:

On a motion for summary judgment, the moving party carries the burden of showing that there is no genuine issue as to any material fact. Adickes v. S. H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608, 26 L.Ed.2d 142 (1970). In addition, inferences to be drawn from the underlying facts must be drawn against the movant. United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962). But, once the moving party meets the initial burden, Rule 56(e) of the Federal Rules of Civil Procedure requires the opposing party to respond with "specific facts showing that there is a genuine issue for trial." cites omitted Unless an opposing party takes advantage of Rule 56(f) of the Federal Rules of Civil Procedure and files affidavits stating the reasons why "facts essential to justify his opposition" could not be presented, a failure to comply with Rule 56(e) is a proper ground upon which to grant summary judgment.

Corbin v. Pan Am. World Airways, Inc., 432 F.Supp. 939, 945-46 (N.D.Cal.1977). When a motion for summary judgment is made and is properly supported by affidavits and other testimony, the plaintiff must no longer "rest upon the mere allegations or denials of his pleading", but must "set forth specific facts showing that there is a genuine issue for trial." F.R.Civ.P. 56(e). See Zoslaw v. Columbia Broadcasting System, Inc., Slip Op. at 2, 9 (N.D.Cal. January 17, 1980, No. C.75-0007-RFP). As Judge Zirpoli has emphasized, "unfortunately for plaintiff, absent a showing as provided in Fed.R.Civ.Proc. 56(f), a motion for summary judgment cuts short any future time for putting facts in issue." Grimm v. Westinghouse Electric Corporation, 300 F.Supp. 984, 991 (N.D.Cal.1969).

In this case, defendant has meticulously presented its motion for summary judgment. Appropriate affidavits and the requisite excerpts from deposition testimony have been included in the moving papers. Defendant has submitted uncontroverted evidence of legitimate, nondiscriminatory reasons for its actions, satisfying its burden of proof and establishing an undisputed defense to the allegations of discrimination. Plaintiff unfortunately devotes more time to a discussion of the legal standards for summary judgment and a prima facie case under Title VII than to identification of the evidence in the record of those specific facts upon which she bases her claim of sex discrimination. In addition, plaintiff has filed neither her own affidavit nor those of others to cast doubt on the factual assertions contained in defendant's affidavits. The Court is left with little more than the mere allegations in the complaint, supported by excerpts from deposition testimony which often appear to be irrelevant. Despite the suggestion made by counsel that defendant and its counsel were "bullying" plaintiff, this Court can only conclude that plaintiff has failed to meet her burden in opposing this motion. Her inadequate response alone would justify the entry of summary judgment. See Corbin, supra, 432 F.Supp. at 946; Grimm, supra, 300 F.Supp. at 991. However, since the evidence demonstrates that plaintiff as well has failed to state a prima facie case of sex discrimination, the Court will examine plaintiff's substantive claims seriatim.

Prima facie case under Title VII

The Supreme Court set forth the standards for a prima facie case under Title VII in McDonnell Douglas Corporation v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973) in the following terms:

The complainant in a Title VII trial must carry the initial burden under the statute of establishing a prima facie case of racial discrimination. This may be done by showing (i) that he belongs to a racial 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.

Plaintiff carries the initial burden of showing actions taken by the employer from which it can be inferred that it is more likely than not that such actions were "based on the discriminatory criterion illegal under the Act." International Brotherhood of Teamsters v. United States, 431 U.S. 324, 358, 97 S.Ct. 1843, 1866, 52 L.Ed.2d 396 (1977). Once a plaintiff has set forth a prima facie case, the burden shifts to the defendant to articulate a nondiscriminatory reason for its employment decision. In short, the defendant must dispel the adverse inference that may be drawn from the prima facie case. McDonnell Douglas, supra, 411 U.S. at 802, 93 S.Ct. at 1824. If the defendant successfully rebuts this inference, the burden shifts back to the plaintiff to prove that the articulated reason is only a pretext for discrimination. Board of Trustees v. Sweeney, 439 U.S. 24, 25, 99 S.Ct. 295, 296, 58 L.Ed.2d 216 (1978); Furnco Construction Corp. v. Waters, 438 U.S. 567, 577-78, 98 S.Ct. 2943, 2949-2950, 57 L.Ed.2d 957 (1978). See also Lim v. Citizens Sav. and Loan Ass'n, 430 F.Supp. 802, 814 (N.D.Cal.1976).

In this case, plaintiff has detailed numerous examples of conduct which she contends reflect defendant's unlawful sex discrimination. However, in each respect, plaintiff's claim fails to establish a prima facie case under the McDonnell Douglas standards and, in addition, defendant has rebutted plaintiff's showing with such an overwhelming display of legitimate reasons for its decisions that "no genuine issue of material fact" as to discrimination remains.

Plaintiff has voiced nothing that transcends the level of complaints with the employment policies and working conditions of defendant. Even if all of plaintiff's allegations were proven true, the only conclusion that could be drawn is that defendant has suffered from some lack of managerial expertise and poor employer-employee relations. However, Title VII is not designed to insure that employees receive only fair and objective treatment from their employers. It is not unlawful to treat employees unfairly, if all employees are similarly treated. Morita v. Southern Cal. Permanente Medical Group, 541 F.2d 217, 218-20 (9th Cir. 1976), cert. denied, 429 U.S. 1050, 97 S.Ct. 761, 50 L.Ed.2d 765 (1977). Title VII is intended only to prohibit discrimination for specified reasons.

The fatal flaw in plaintiff's claim is that she has failed to identify one instance of discriminatory behavior. There is no example of disparate treatment afforded to a man, customarily, in comparable situation. International Brotherhood of Teamsters, supra, 431 U.S. at 335 n. 15, 97 S.Ct. at 1854; Furnco Construction Corp., supra. She has repeatedly been forced to concede that the alleged malfeasances of defendant afflicted both men and women equally. Indeed, plaintiff has been unable to rebut defendant's factual showing that she even received better treatment than the men who began employment at about the same time. Because plaintiff has failed to show either discriminatory impact or discriminatory effect, she has not stated a prima facie case. As stated by the court in Windom v. City of St. Louis, 427 F.Supp. 806, 813 (E.D. Mo.), aff'd, 568 F.2d 78 (8th Cir. 1977), "actions taken by her supervisor do not constitute sex discrimination simply because plaintiff continually labeled them as such." Indeed, there...