Barlow v. Esselte Pendaflex Corp. Meto Division

699 F. Supp. 540, 28 Wage & Hour Cas. (BNA) 1185, 1987 U.S. Dist. LEXIS 13838, 47 Empl. Prac. Dec. (CCH) 38,381, 47 Fair Empl. Prac. Cas. (BNA) 332, 1987 WL 49355
CourtDistrict Court, M.D. North Carolina
DecidedApril 15, 1987
DocketNo. C-85-1061-WS
StatusPublished

This text of 699 F. Supp. 540 (Barlow v. Esselte Pendaflex Corp. Meto Division) is published on Counsel Stack Legal Research, covering District Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barlow v. Esselte Pendaflex Corp. Meto Division, 699 F. Supp. 540, 28 Wage & Hour Cas. (BNA) 1185, 1987 U.S. Dist. LEXIS 13838, 47 Empl. Prac. Dec. (CCH) 38,381, 47 Fair Empl. Prac. Cas. (BNA) 332, 1987 WL 49355 (M.D.N.C. 1987).

Opinion

MEMORANDUM OPINION

ERWIN, Chief Judge.

This matter is before the court on the defendant’s motion to dismiss and for summary judgment pursuant to Rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. The parties have briefed the issues, and argument was heard on February 23, 1987 in Greensboro. At the hearing and in open court, the court dismissed the plaintiff’s claims for constructive discharge, wrongful termination, failure to provide equal training and instruction, and disparate treatment because of sex. The court allowed the defendant’s motion on these issues pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, in that they were not properly before the court, having never been presented to the Equal Employment Opportunity Commission (EEOC). The court took the defendant’s dispositive motions under advisement with regard to the plaintiff’s claims for failure to pay a non-discriminatory wage rate (Equal Pay Act Claim) and for failure to promote plaintiff to the position of sales manager (Title VII Claim). The motions are now ready for a ruling.

Facts

The plaintiff was hired by the Meto Division of Esselte Pendaflex Corporation (Meto) in 1980. Meto sells and services equipment which marks prices on store goods. Hired as a regional service representative, the plaintiff’s duties included repairing, servicing, and monitoring the price marking equipment in her region. Plaintiff worked for the defendant without any significant disturbances until March 1984. In March of that year, the position of regional sales manager opened up. Defendant’s national service manager, Steven Darrish, recommended Pat Pertuset, a regional service representative, for the job. Mr. Darrish supervised both the plaintiff and Mr. Pertuset, and his affidavit clearly indicates that he recommended Mr. Pertuset over the plaintiff for a variety of factors including superior academic qualifications, higher performance evaluations, and prior sales and supervisory experience. It appears from the record that the plaintiff did not even apply for the job. Mr. Pertuset was awarded the position. Plaintiff contends that she was denied the position because of her sex.

At this time, the plaintiff also felt that her salary wage rate was too low for her employment wage grade. However, the plaintiff represented to the court at the time of the hearing that wages were paid below scale to both men and women.

On September 26, 1984, the plaintiff filed a complaint with the EEOC alleging sexual discrimination in the failure to promote her and in the failure to pay a non-discriminatory wage rate. The EEOC found no reasonable cause and issued the right-to-sue letter on May 30, 1985. This action commenced on September 4, 1985.

Discussion

The court notes at the outset that this plaintiff is proceeding pro se. The court is mindful of the deference given to pro se litigants in the resolution of their cases. Despite sometimes inarticulate pleadings, pro se plaintiffs’ allegations should be given wide latitude in the interpretation of the sufficiency of their pleadings so they may have the opportunity to go forward with their supporting evidence. See, e.g., Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 595, 30 L.Ed.2d 652, reh’g cle-[542]*542nied, 405 U.S. 948, 92 S.Ct. 963, 30 L.Ed.2d 819 (1972). Similarly, this circuit has demonstrated a protective concern for pro se litigants. “In the great run of pro se cases, the issues are faintly articulated and often only dimly perceived. There is, therefore, a greater burden and a correlative greater responsibility upon the district court to insure that constitutional deprivations are redressed and that justice is done.” Canty v. City of Richmond, Va., Police Dep’t, 383 F.Supp. 1396, 1400 (E.D. Va.1974), affd sub nom., Canty v. Brown, 526 F.2d 587 (4th Cir.1975), cert. denied, 423 U.S. 1062, 96 S.Ct. 802, 46 L.Ed.2d 654 (1976). The court assisted the plaintiff at the hearing of the dispositive motions by asking questions which focused the plaintiff’s presentation to the matters at issue. Indeed, when a problem in communication between the court and the plaintiff arose, the court arranged for the plaintiff to meet with counsel to advise the plaintiff on the rules of the court and the nature of the proceedings, so that the hearing could be appropriately concluded.

To sustain a motion pursuant to Rule 56 of the Federal Rules of Civil Procedure, the defendant must demonstrate that there is no genuine issue as to any material fact. Phoenix Savings and Loan, Inc. v. Aetna Casualty & Surety Co., 381 F.2d 245 (4th Cir.1967). This is a strict standard, and any doubts as to the existence of a genuine issue of material fact are to be resolved against the movant. Adickes v. S. H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). “One of the principal purposes of the summary judgment rule is to isolate and dispose of factually unsupported claims or defenses, and we think it should be interpreted in a way that allows it to accomplish this purpose.” Celotex Corp. v. Catrett, 477 U.S. 317, 323-324, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). In the civil rights context, the court must make a dual inquiry into disputed factual issues.

In determining whether summary judgment may be granted, the district court must perform a dual inquiry into the genuineness and materiality of any purported factual issues. Whether an issue is genuine calls for an examination of the entire record then before the court in the form of pleadings, depositions, answers to interrogatories, admissions on file and affidavits, under Rule 56(c) and (e). Though the burden of proof rests initially with the moving party, when a motion for summary judgment is made and supported as provided in Rule 56, the nonmoving party must produce “specific facts showing that there is a genuine issue for trial,” rather than resting upon the bald assertions of his pleadings. Fed.R.Civ.P. 56(e). Genuineness means that the evidence must create fair doubt; wholly speculative assertions will not suffice. A trial, after all, is not an entitlement. It exists to resolve what reasonable minds would recognize as real factual disputes.

Ross v. Communications Satellite Corp., 759 F.2d 355, 364 (4th Cir.1985) (citations omitted). The court is of the opinion that there are no genuine issues of material fact present in this case.

Plaintiff has failed to allege a prima facie case. The Fourth Circuit, in interpreting

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Related

Adickes v. S. H. Kress & Co.
398 U.S. 144 (Supreme Court, 1970)
Haines v. Kerner
404 U.S. 519 (Supreme Court, 1972)
McDonnell Douglas Corp. v. Green
411 U.S. 792 (Supreme Court, 1973)
Corning Glass Works v. Brennan
417 U.S. 188 (Supreme Court, 1974)
Texas Department of Community Affairs v. Burdine
450 U.S. 248 (Supreme Court, 1981)
Canty v. Brown
526 F.2d 587 (Fourth Circuit, 1975)
Autry v. North Carolina Department of Human Resources
641 F. Supp. 1492 (W.D. North Carolina, 1986)
Canty v. City of Richmond, Va., Police Dept.
383 F. Supp. 1396 (E.D. Virginia, 1974)
Ross v. Communications Satellite Corp.
759 F.2d 355 (Fourth Circuit, 1985)
Holmes v. Bevilacqua
794 F.2d 142 (Fourth Circuit, 1986)
Haines v. Kerner
405 U.S. 948 (Supreme Court, 1972)

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Bluebook (online)
699 F. Supp. 540, 28 Wage & Hour Cas. (BNA) 1185, 1987 U.S. Dist. LEXIS 13838, 47 Empl. Prac. Dec. (CCH) 38,381, 47 Fair Empl. Prac. Cas. (BNA) 332, 1987 WL 49355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barlow-v-esselte-pendaflex-corp-meto-division-ncmd-1987.