38 Fair empl.prac.cas. 820, 38 Empl. Prac. Dec. P 35,561 Equal Employment Opportunity Commission, and Delores Agee, Madeline Aiello, Edna Braten, Laura Bury, Neva Buttell, Helen Claver, Charolette Dickerson, Leslie Drummer, Gladys Dwyer, Mary Ebell, Margaret Evans, Pearl Fice, Nora Flynn, Rose Genusa, Annie Gibbons, Freda Goldsmith, Agnes Hall, Rose Harvey, Virgil Hayes, Doris Hornung, Harriet Hutton, Clara Jenkens, Mary Kaufmann, Mary Lafferty, Clara Maricle, Eleanor Marinich, Amelia Monroe, Emma Lou Moore, Ruth Osborn, Ann Pitcher, Julia Ross, Lavon Schuster, Margaret Thompson, Millie Wageman, Josephine Walker, Ann Williams, Grace Wort, Jessie Wright, and Geneva Wytcherly, Intervenors-Appellants v. Hiram Walker & Sons, Inc., and Distillery Workers of America, Local 55

768 F.2d 884
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 24, 1985
Docket84-1588
StatusPublished
Cited by2 cases

This text of 768 F.2d 884 (38 Fair empl.prac.cas. 820, 38 Empl. Prac. Dec. P 35,561 Equal Employment Opportunity Commission, and Delores Agee, Madeline Aiello, Edna Braten, Laura Bury, Neva Buttell, Helen Claver, Charolette Dickerson, Leslie Drummer, Gladys Dwyer, Mary Ebell, Margaret Evans, Pearl Fice, Nora Flynn, Rose Genusa, Annie Gibbons, Freda Goldsmith, Agnes Hall, Rose Harvey, Virgil Hayes, Doris Hornung, Harriet Hutton, Clara Jenkens, Mary Kaufmann, Mary Lafferty, Clara Maricle, Eleanor Marinich, Amelia Monroe, Emma Lou Moore, Ruth Osborn, Ann Pitcher, Julia Ross, Lavon Schuster, Margaret Thompson, Millie Wageman, Josephine Walker, Ann Williams, Grace Wort, Jessie Wright, and Geneva Wytcherly, Intervenors-Appellants v. Hiram Walker & Sons, Inc., and Distillery Workers of America, Local 55) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
38 Fair empl.prac.cas. 820, 38 Empl. Prac. Dec. P 35,561 Equal Employment Opportunity Commission, and Delores Agee, Madeline Aiello, Edna Braten, Laura Bury, Neva Buttell, Helen Claver, Charolette Dickerson, Leslie Drummer, Gladys Dwyer, Mary Ebell, Margaret Evans, Pearl Fice, Nora Flynn, Rose Genusa, Annie Gibbons, Freda Goldsmith, Agnes Hall, Rose Harvey, Virgil Hayes, Doris Hornung, Harriet Hutton, Clara Jenkens, Mary Kaufmann, Mary Lafferty, Clara Maricle, Eleanor Marinich, Amelia Monroe, Emma Lou Moore, Ruth Osborn, Ann Pitcher, Julia Ross, Lavon Schuster, Margaret Thompson, Millie Wageman, Josephine Walker, Ann Williams, Grace Wort, Jessie Wright, and Geneva Wytcherly, Intervenors-Appellants v. Hiram Walker & Sons, Inc., and Distillery Workers of America, Local 55, 768 F.2d 884 (7th Cir. 1985).

Opinion

768 F.2d 884

38 Fair Empl.Prac.Cas. 820,
38 Empl. Prac. Dec. P 35,561
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee,
and
Delores Agee, Madeline Aiello, Edna Braten, Laura Bury, Neva
Buttell, Helen Claver, Charolette Dickerson, Leslie Drummer,
Gladys Dwyer, Mary Ebell, Margaret Evans, Pearl Fice, Nora
Flynn, Rose Genusa, Annie Gibbons, Freda Goldsmith, Agnes
Hall, Rose Harvey, Virgil Hayes, Doris Hornung, Harriet
Hutton, Clara Jenkens, Mary Kaufmann, Mary Lafferty, Clara
Maricle, Eleanor Marinich, Amelia Monroe, Emma Lou Moore,
Ruth Osborn, Ann Pitcher, Julia Ross, Lavon Schuster,
Margaret Thompson, Millie Wageman, Josephine Walker, Ann
Williams, Grace Wort, Jessie Wright, and Geneva Wytcherly,
Intervenors-Appellants,
v.
HIRAM WALKER & SONS, INC., and Distillery Workers of
America, Local 55, Defendants-Appellees.

No. 84-1588.

United States Court of Appeals,
Seventh Circuit.

Argued Feb. 14, 1985.
Decided July 24, 1985.

Kevin W. Lyons, Peoria, Ill., for defendants-appellees.

Peggy R. Mastroianni, E.E.O.C., Washington, D.C., for plaintiff-appellee.

Before WOOD and FLAUM, Circuit Judges, and PELL, Senior Circuit Judge.

PELL, Senior Circuit Judge.

Appellants, thirty-nine former employees of Hiram Walker & Sons, Inc. (Walker or the company), appeal from a consent decree entered in settlement of a sex discrimination in employment suit brought by the Equal Employment Opportunity Commission (EEOC) against the company. The district court permitted appellants to intervene for purposes of appeal. The issue on appeal is whether the district court abused its discretion when it approved the decree, which grants limited relief to the class of employees as a whole and virtually no relief to those employees, many of them charging parties, who allegedly endured the most discrimination.

I. THE FACTS

Two sets of charges gave rise to the present litigation. In 1975, 123 female employees filed charges against Walker, the National Organization of Women filed a charge on behalf of certain current and retired female employees, and the employees' union, Local 55 of the Distillery Workers of America, filed similar charges. All 1975 charges related to alleged discrimination in the provision of pension benefits and sought, as remedies, the recalculation of those benefits. In 1977, 113 female employees filed charges against both Walker and Local 55 alleging discrimination in job assignment and exclusion, transfer and promotions, layoffs, and provision of certain benefits. The 1977 charges requested back pay relief in addition to other remedies.

An EEOC investigation found reasonable cause to believe that all the allegations were true and, after conciliation attempts failed, the EEOC brought suit against both the company and the union under Title VII of the Civil Rights Act of 1964. 42 U.S.C. Sec. 2000e (1976). The complaint alleged that defendants engaged in a variety of unlawful employment practices that discriminated against women employees because of their sex. Defendants denied all allegations and asserted numerous affirmative defenses to the charges. Settlement negotiations occurred over a period of several years and, by the time the parties agreed to the consent decree in 1983, they had completed practically all relevant discovery. The district court granted preliminary approval of the proposed consent decree and directed that the parties send notice to the affected individuals. At the subsequent fairness hearing in late 1983, the court heard arguments against approval from numerous objectors, some appearing pro se and some represented by counsel, and arguments in support of the decree from both the EEOC and Walker. In a comprehensive, thirty-six page memorandum opinion and order, the district court approved the final consent decree. The court then allowed those employees who had objected to the decree to intervene for purposes of appeal.

The EEOC and Walker present dramatically different interpretations of the facts underlying the allegedly discriminatory practices. The undisputed facts are that Walker divided its Peoria, Illinois, plant, since closed by Walker in 1981, into ten divisions, with a total work crew of between 479 and 889 employees. In the 1981 shutdown agreement between the company and Local 55, each employee who, because of a layoff, had received less than a full year's pension credit for any year between 1973 and 1981 had pension benefits redetermined as if the employee had worked the entire year.

According to the EEOC, prior to 1965, Walker classified all jobs as either "men's jobs" or "women's jobs." Then, after passage of Title VII, the new collective bargaining agreement split one of the plant divisions in two, thus creating a new division that encompassed all those jobs formerly designated as women's jobs, the lowest paying positions in the plant. The women employees, largely confined to production aspects of the plant's activities, were most directly affected by fluctuations in output, rendering them highly susceptible to layoff. When layoffs occurred, an employee had the option of taking an "involuntary transfer" to another position, but both the company and the union encouraged women employees to sign a written "decline of transfer" form, revocable only in writing. The company generally considered women to be incapable of performing men's jobs, and, if a woman chose to take an involuntary transfer, the company invariably assigned her to a physically difficult job, thereby discouraging further transfers. The frequent layoffs had a substantial detrimental effect upon the pension benefits earned by female employees, because benefits were based upon both years of service and salary. Not until 1973 did Walker make initial assignments of women to jobs other than the traditionally women's jobs; in 1975, the company ceased using the written decline of transfer forms; and, by 1977, the company had hired a significant number of women into traditional men's jobs.

During the course of discovery and settlement negotiations, it became apparent that the EEOC and Walker had fundamental disagreements about numerous legal issues. One disputed issue was whether the 1975 pension-related charges or the more expansive 1977 charges triggered the right to back pay. The importance of that issue rests in the fact that Title VII imposes a two-year statute of limitations upon the recovery of back pay. 42 U.S.C. Sec. 2000e-5(g). A closely related issue was whether the pension relief sought pursuant to the 1975 charges was in the nature of back pay relief, as the company contended, or, as the EEOC maintained, injunctive relief, for which there is no statute of limitations. Thirdly, Walker claimed that only its initial assignments of women employees were subject to judicial review. Because Illinois has an applicable statute, any claimant had to file an EEOC charge within 300 days of the alleged discrimination, and Walker's interpretation would thus greatly limit the number of women who could receive monetary relief. 42 U.S.C. Sec. 2000e-5(e). The EEOC, on the other hand, maintained that Walker had engaged in a continuing violation of Title VII, consequently tolling the 300-day limit.

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