Williams v. Trans World Airlines, Inc.

• Decision Date: 10 November 1980
• Docket Number: No. 77-0826-CV-W-5.,77-0826-CV-W-5.
• Citation: 507 F. Supp. 293
• Parties: Ava WILLIAMS, Plaintiff, v. TRANS-WORLD AIRLINES, INC., Defendant.
• Court: U.S. District Court — Western District of Missouri

507 F. Supp. 293

Ava WILLIAMS, Plaintiff, v. TRANS-WORLD AIRLINES, INC., Defendant.

No. 77-0826-CV-W-5.

United States District Court, W. D. Missouri, W. D.

November 10, 1980.

COPYRIGHT MATERIAL OMITTED

William H. Pickett, P. C., Kansas City, Mo., for plaintiff.

Robert L. Driscoll, Randall E. Hendricks, Stinson, Mag & Fizzell, Kansas City, Mo., for defendant.

ORDER AND MEMORANDUM

SCOTT O. WRIGHT, District Judge.

This is an action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., and the Civil Rights Act of 1866, 42 U.S.C. § 1981, in which plaintiff, Ava Williams, alleges that her discharge from employment by defendant was the result of discrimination on the basis of race. Defendant alleges that plaintiff's discharge was motivated solely by poor job performance, insubordination, and poor attitude. For the reasons stated below, this Court finds that judgment should be entered in favor of plaintiff and against defendant on her claim under 42 U.S.C. §§ 2000e, et seq., and that judgment should be entered in favor of plaintiff and against defendant on her claim under 42 U.S.C. § 1981.

FINDINGS OF FACT

1. Ava Williams, plaintiff, is a black female citizen of the United States.

2. Defendant is an "employer" within the meaning of 42 U.S.C. § 2000e.

3. On April 25, 1976, plaintiff became employed by the defendant as a probationary employee in the job classification of flight attendant.

4. She was in a training program as a student hostess until May 20, 1976.

5. At the time of her discharge, plaintiff was serving a five-month probationary period during which time she could be terminated without union intervention.

6. Plaintiff was stationed in the Kansas City domicile during her probationary period.

7. Daphne Halderman was plaintiff's coordinating supervisor. This was the first time Ms. Halderman had performed in this type of supervisory capacity.

8. Nedra Rosen was the Manager of Training for the Kansas City domicile and performed supervisory functions with respect to Ava Williams during Ava's tenure as a probationary employee.

9. During the probationary period, the flight attendant's supervisor or supervisors are responsible for evaluating the performance of the probationary employees. If, in the opinion of the supervisor, the probationary flight attendant is not performing the duties in a satisfactory manner, the employee may be discharged.

10. All of the written evaluations of Ava's job performance were complimentary. She received good evaluations on her job appearance, passenger service, knowledge of safety regulations and procedures, etc. These evaluations were written by Daphne Halderman, Stan Jennings, and J. G. West.

11. In the written evaluations, none of the supervisors expressed an opinion that Ava was not properly performing the duties of a flight attendant in a satisfactory manner.

12. During plaintiff's training period, she was criticized for looking bored in class. Daphne Halderman discussed this problem with plaintiff, and plaintiff explained that she was not bored, but merely trying to concentrate on the subject material.

13. In June or early July, 1976, plaintiff was twice caught wearing cut-off jeans in the public areas of the TWA terminal at MCI Airport while she was off-duty and on purely personal business. On the first occasion, plaintiff's supervisor, Daphne Halderman, warned plaintiff that such attire was a violation of company policy. Plaintiff thought that Daphne was joking and did not believe that wearing cutoffs in the terminal was against company policy.

14. A few days later, Daphne observed plaintiff again wearing cut-off jeans in the terminal and reprimanded plaintiff. Plaintiff asked to see the written regulations which prohibited flight attendants from wearing cut-off jeans in the terminal while they were on personal business.

15. At a conference with plaintiff on July 17, 1976, Daphne showed plaintiff TWA's Front Line Handbook, dated May 1975, which states

When not in uniform but at the airport conducting business, or deadheading, dress should be tastefully conservative.

16. There was no formal TWA regulation which specifically prohibited flight attendants from wearing cut-off jeans in the terminal while they were off-duty and conducting personal business.

17. On July 17, 1976, several supervisors observed plaintiff exhibiting signs of boredom in a one-day training seminar commonly referred to as the "three-month seminar" or the "achievement seminar."

18. Immediately after the seminar, plaintiff's supervisor, Daphne Halderman, and another supervisor, Dennis Bates, called plaintiff into an office to discuss her "attitude problem." The instances of the cutoff jeans and her apparent boredom in the seminar were the issues discussed. Feeling unduly harassed, plaintiff became angry. Nedra Rosen, a third supervisor, was called in to help deal with plaintiff. When Nedra talked with plaintiff, plaintiff was very calm and composed.

19. At this meeting with her supervisors, plaintiff was warned that she must display exemplary conduct during the rest of her probationary period.

20. On July 19, 1976, defendant sent plaintiff a written memorandum confirming the meeting with her supervisors regarding plaintiff's "overall actions and attitude." This written warning stated:

"You must display an exemplary performance during the remainder of your probationary period. Should a future incident occur which indicates any type of attitude problem on your part, you may be subject to termination."

21. The general rules of conduct established for flight attendants are set forth in the TWA In-Flight Service Handbook, Section 4.01, July 1, 1975. Twenty rules are enumerated, but only the following two have any relevance to this case:

5. Neglect of duty and insubordination will not be tolerated.

. . . . .

16. All duties shall be performed in a professional and workmanlike manner.

22. A notation after the last general rule of conduct states:

Violation of any of these regulations may result in disciplinary action ranging from warning to discharge. The measure of discipline should correspond to the gravity of the offense as weighed by its effect on the Company as well as the seniority and work record of the employee involved.

23. On August 1, 1976, plaintiff served as a flight attendant on a flight which was delayed for six hours on the ground in Colorado Springs, Colorado.

24. About four weeks later, defendant received a letter from a passenger who had been on that flight. This passenger, Mrs. DeVitt, accused plaintiff of "prostituting" herself with a "black" passenger during the flight and of neglecting her duties to other passengers. Mrs. DeVitt referred to plaintiff as the "black" stewardess.

25. In a meeting on September 2, 1976, Daphne Halderman and Nedra Rosen informed plaintiff that they were going to terminate her on the basis of this passenger complaint. They read Mrs. DeVitt's letter to plaintiff, but withheld the passenger's name.

26. Plaintiff denied all wrongdoing on the six-hour grounding of the flight from Chicago to Denver that occurred in Colorado Springs, Colorado because of weather.

27. The decision to discharge plaintiff was jointly made by supervisors Nedra Rosen and Daphne Halderman, with approval given by Jane O'Boyle, Acting General Manager of the Kansas City domicile and by Robert Kaps, head of Labor Relations for In-Flight personnel.

28. None of the other crew members on the flight in question were asked to substantiate the allegations in Mrs. DeVitt's letter prior to plaintiff's termination.

29. The only investigation conducted prior to plaintiff's termination was verification by Mr. Kaps that the letter was a bona fide passenger complaint. The truth of the matter contained in the letter was never verified by TWA prior to the termination of plaintiff.

30. The letter of Mrs. DeVitt contained obvious racial overtones.

31. The letter of September 2, 1976, terminating the employment of plaintiff with the defendant, stated that plaintiff was terminated because of her neglect of duty and her failure to perform her duties in a professional and workmanlike manner.

32. Plaintiff's employment was terminated by TWA solely on the basis of Mrs. DeVitt's unsubstantiated letter, which contained obvious racial overtones.

33. Daphne and Nedra did not believe that the plaintiff had "prostituted" herself on the plane. Even though they both felt that this part of the letter was untrue and exaggerated, they chose to believe a part of the letter to the extent that they terminated plaintiff on the basis of the letter without any further investigation. Plaintiff was terminated on the basis of a racially motivated letter which contained allegations that cast serious doubts upon the credibility of the passenger writing the letter.

34. No investigation was conducted concerning this letter prior to plaintiff's termination because plaintiff's probationary period was nearly over, and, in the opinion of plaintiff's supervisors, there was not enough time for an investigation because action had to be taken quickly. Defendant extended the probationary period of a caucasion flight attendant, Dale Taylor, when circumstances warranted it, i. e. she had been involved in a car accident.

35. Under normal circumstances, complaints are investigated by defendant before disciplinary action is taken. If an immediate investigation cannot be made, disciplinary action is deferred.

36. During the relevant time period, Daphne Halderman was directly involved in firing one other probationary flight attendant besides the plaintiff. She was also black.

37. Plaintiff did not "prostitute" herself during the six-hour grounding in Colorado Springs on the flight between Chicago and Denver. Plaintiff did not neglect her duties to other passengers. Plaintiff did speak to a black male passenger during this time, but her behavior was not improper or unusual, and she did not...