Sigurdson v. Isanti County

• Decision Date: 09 May 1986
• Docket Number: No. C9-84-1138,C9-84-1138
• Citation: 386 N.W.2d 715
• Parties: 43 Fair Empl.Prac.Cas. (BNA) 1634 Renja SIGURDSON, Petitioner, Appellant, v. ISANTI COUNTY, et al., Respondents.
• Court: Minnesota Supreme Court

Page 715

386 N.W.2d 715

43 Fair Empl.Prac.Cas. (BNA) 1634

Renja SIGURDSON, Petitioner, Appellant, v. ISANTI COUNTY, et al., Respondents.

No. C9-84-1138.

Supreme Court of Minnesota.

May 9, 1986.

Syllabus by the Court

1. A trial court in making its findings of fact and conclusions of law in actions brought under the Minnesota Human Rights Act for discriminatory and disparate treatment in employment practices must explicitly utilize the three-part McDonnell Douglas analysis consisting of a prima facie case, an answer, and a rebuttal.

2. A trial court may, in its discretion, award attorney fees to a prevailing defendant, pursuant to Minn.Stat. Sec. 363.14, subd. 3 (1984), only upon a finding that the plaintiff's action was frivolous, unreasonable, or without foundation, or was brought in bad faith.

David A. Singer, Minneapolis, for appellant.

Richard A. Beens, Anoka, for respondents.

Considered and decided by the court en banc.

WAHL, Justice.

Appellant, Renja Sigurdson, an employee of the Isanti County Assessor's Office since 1975, brought suit under the Human Rights Act, Minn.Stat. Sec. 363.03, subd. 1(2)(c) (1984), against respondents Isanti County; Aaron Boettcher, her former supervisor; and Frank Mennenga, her current supervisor. She alleged gender discrimination regarding her training opportunities, work assignments, and compensation through June 1981 and alleged discrimination in promotion and training opportunities, work assignments, and compensation since that time in reprisal for bringing charges of discrimination. An advisory Isanti County District Court jury found discrimination on the basis of sex and damages to Sigurdson of $19,500 for loss of wages and of $450 for mental suffering and anguish, but found no discrimination in reprisal for her complaints of sexual discrimination. Rejecting the advisory jury's finding of discrimination, the trial court found no discrimination, denied recovery on all of Sigurdson's claims, and awarded the county $3,600 for attorney fees pursuant to Minn.Stat. Sec. 363.14, subd. 3 (1984). In making its findings of fact and conclusions of law, the trial court did not utilize the three-step analysis established by the United States Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), and adopted by this court in Danz v. Jones, 263 N.W.2d 395 (Minn.1978). See also, Hubbard v. United Press International, Inc., 330 N.W.2d 428 (Minn.1983). The court of appeals, 363 N.W.2d 476, affirmed the trial court's finding that there was no discrimination against Sigurdson, but reversed the award of attorney fees to the county. We affirm the judgment of the court of appeals regarding the award of attorney fees, but otherwise reverse the judgment and remand to the trial court for clarified findings and conclusions in specific conformance with the McDonnell Douglas analysis.

In February 1975, Sigurdson was hired for a secretarial position in the county assessor's office at a starting annual salary of $4,884. Boettcher was county assessor at the time. He administered a loosely structured office with a staff of five to six persons. At any given time, two or three staff members were "deputy assessors" while the others were secretaries or "clerks." Until the summer of 1979, all the clerks were female; all the deputy assessors were male. The in-office work of the deputy assessors substantially overlapped with that of the clerks. Deputy assessors, however, were paid approximately $4,000 more annually than clerks, and only deputy assessors were allowed to do outside field appraisal work. One qualification for the position of deputy assessor was state certification. After Sigurdson observed the improved career and salary opportunities of the deputy assessors, she requested approval to take course work that would lead to her certification in appraising. Approval was granted, and Sigurdson became certified on December 1, 1976.

After certification, Sigurdson continued to be employed by the assessor's office in a clerical position but directed numerous requests to Boettcher to do field appraisal work. Boettcher refused the requests and allowed only those personnel specifically employed to do such work to go out into the field. The refusals came even though one of the deputy assessor positions had remained vacant since April 1976. No effort was made to fill that vacant position prior to mid-1979, despite the presence in the office of two female employees certified to do appraisal work. Sigurdson testified that Boettcher stated to her that field appraisal work was not women's work. Boettcher's stated reason for refusing Sigurdson's requests to do outside field work was that he did not like the "idea of sending ladies out with a car when it had snowed overnight." He also testified that field appraisal work was usually done in teams and that it was his opinion that it would present a bad public image for a woman and a man to perform outside field work as a team. The same view was expressed by one of the deputy assessors.

In spring 1979, another deputy assessor terminated employment with the county. Shortly thereafter, Boettcher held a meeting with office personnel at which he asked Sigurdson and two other women if they wanted to assume the computer work assignments of the departing deputy assessor. Sigurdson, referring to a previous occasion when she had been denied such an opportunity, declined Boettcher's request, stating, "Funny, I was never good enough to do that before." Sigurdson testified that at the same meeting Boettcher said that he intended to hire two additional men to do field appraisal work and that she objected because there were already two women in the office who were qualified and willing to do the work. Boettcher then became angry and told her that she could leave if she did not like it.

Sigurdson testified that she did not know whether she had been fired. She did, however, become upset as a result of the meeting and went home. When she returned the next morning, she was told that Boettcher was away for the remainder of the week. Sigurdson then removed some personal effects from her desk and decided to take the balance of the week as vacation, without leaving a note informing Boettcher of her plans. When she returned to work the following Monday, her desk, typewriter, and telephone were gone and Boettcher contended that she had quit.

Sigurdson appealed to the county board for reinstatement to her position in the assessor's office. The record is not clear as to the ensuing events. After a few weeks, however, the Isanti County Attorney instructed Sigurdson to return to work. Upon her return on August 1, 1979, she was assigned to do field appraisal work but was not given a position as deputy assessor. In September, 1979, Boettcher issued a written reprimand to Sigurdson instructing her to put her complaints in writing. He testified that he issued the reprimand because Sigurdson had continually been asking him questions about why he was treating her differently. Sigurdson said the reprimand was issued because she complained when Boettcher refused, the day before a course began, to let her attend that course, which he had promised in April of that year she might attend.

During 1978 and 1979, the county contracted through the Minnesota Association of Counties to classify and evaluate all county employees for the purpose of establishing job classifications and salaries based upon tenure and job responsibilities. After she was assigned to do field appraisal work, Sigurdson was classified as a "property appraiser." A male co-worker who had been doing field appraisal work since 1976 was classified as a "deputy assessor." Since 1979, the difference in annual salary between Sigurdson and the employee assigned the deputy assessor classification has been approximately $3,500 to $4,000.

Boettcher retired as county assessor in 1981. He was replaced by Mennenga, who was chosen for the position over five other finalists, one of whom was Sigurdson. In August, 1981, shortly after becoming county assessor, Mennenga considered recommending Sigurdson for promotion to deputy assessor. In fall 1981 he was named as a defendant in a complaint Sigurdson had filed with the Minnesota Human Rights Department. Thereafter, he ceased consideration of the promotion. Mennenga testified that his view changed because at a meeting with Sigurdson she indicated that she would follow only those policies of the department with which she agreed and that she would not make a commitment to support Mennenga's policies if she were named deputy assessor. At a subsequent meeting, however, she did agree to support Mennenga's policies, but she was never promoted to deputy assessor.

From that time forward, relations between Mennenga and Sigurdson deteriorated. Mennega told Sigurdson not to conduct appraisals in a particular section of the county because several taxpayers had requested an appraiser other than Sigurdson. Sigurdson believed the complaints were from relatives of former assessor Boettcher. After Mennenga's directive, however, a taxpayer in that section requested an appointment for Sigurdson to complete an appraisal started earlier. Sigurdson testified that she completed the appraisal in the belief that Mennenga's orders pertained only to new appraisal assignments. When she returned to the office, Mennenga accused her of intentionally disobeying his orders.

Later, Sigurdson received a reprimand for improper handling of an appraisal. Two residents of the county claimed that Sigurdson had entered their home without permission. Sigurdson claimed that she had opened the door to the residence in an effort to get the attention of one of the residents but had not actually entered the home. Sigurdson's actions violated rules of the assessor's office.

As a consequence of the complaint, Sigurdson was told to remain at her desk and read the assessor's manual until ...