Bartelt v. Berlitz School of Languages of America, Inc.

698 F.2d 1003, 27 Wage & Hour Cas. (BNA) 652, 12 Fed. R. Serv. 935, 1983 U.S. App. LEXIS 30693, 31 Empl. Prac. Dec. (CCH) 33,349, 30 Fair Empl. Prac. Cas. (BNA) 1706
CourtCourt of Appeals for the Ninth Circuit
DecidedFebruary 8, 1983
DocketNos. 81-4064, 81-4287
StatusPublished
Cited by11 cases

This text of 698 F.2d 1003 (Bartelt v. Berlitz School of Languages of America, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bartelt v. Berlitz School of Languages of America, Inc., 698 F.2d 1003, 27 Wage & Hour Cas. (BNA) 652, 12 Fed. R. Serv. 935, 1983 U.S. App. LEXIS 30693, 31 Empl. Prac. Dec. (CCH) 33,349, 30 Fair Empl. Prac. Cas. (BNA) 1706 (9th Cir. 1983).

Opinions

FLETCHER, Circuit Judge:

Lydia Melsen and Vicki Bartelt brought separate actions against their former employer, Berlitz Schools of Languages of America, Inc. (Berlitz) under Title VII of the Equal Employment Opportunity Act, 42 U.S.C. § 2000e et seq. Both alleged that Berlitz discriminated against them as directors of Berlitz’s schools by paying them lower salaries, commissions, and bonuses than either former male directors at their respective schools or male directors currently employed at other Berlitz schools. The district court granted Berlitz’s motions for summary judgment. We reverse and remand both actions for further proceedings.

I

FACTS

Berlitz is a New Jersey-based corporation that operates language schools throughout the country. In 1968, Melsen began working for Berlitz in its Oakland school. In 1973, she became assistant director, and in 1975, she replaced Walter Haeussler as acting director. She remained as director of the Oakland school until her termination in 1979.

Bartelt was hired by Berlitz as a management trainee in 1973 in the East Detroit school. In 1977, she transferred to the Palo Alto school and replaced Gunther Barth as director. She remained director until her termination in 1979.

In 1978, Melsen filed a charge of sex discrimination with the Equal Employment Opportunity Commission (EEOC), charging Berlitz with discriminating against her in the payment of wages based on her sex. Bartelt filed a similar charge with the EEOC in 1979.

In 1979, Melsen and Bartelt filed separate suits in district court. Both alleged that Berlitz violated Title VII by paying them less compensation than either their male predecessors or present male directors at other Berlitz schools for performing substantially equal work. At a hearing on Berlitz’s motions for summary judgment, the district court ruled that: (1) neither Melsen nor Bartelt had filed a timely complaint with regard to charges that their compensation was less than their male predecessors because neither had filed a complaint with the EEOC within 300 days of their replacement of the former directors; and (2) neither could advance equal pay claims under Title VII based on a comparison with male directors employed in other Berlitz schools. The court granted summary judgment to Berlitz in both actions. Melsen’s and Bartelt’s appeals were consolidated by order of this court. We note jurisdiction under 28 U.S.C. § 1291 (1976).

II

DISCUSSION

A. STANDARD OF REVIEW

Summary judgment is proper only when, viewing the evidence in the light most favorable to the nonmoving party, there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56.

B. TIMELINESS

The district court granted summary judgment in part because it found the plaintiffs’ claims based on a comparison of their wages with their predecessors’ wages time-barred. Section 706(e) of Title VII, 42 U.S.C. § 2000e-5(e), requires that a discrimination charge be timely filed with the EEOC. Where, as here, there is a qualified state compliance agency, that time period is 300 days from the date of the alleged discriminatory act. See Williams v. Owens-Illinois, Inc., 665 F.2d 918, 923 n. 2 (9th Cir.1982).

Berlitz argues that because Melsen and Bartelt began working as directors for Berlitz more than three hundred days before they filed a charge with the EEOC, their charges were untimely. We disagree. The policy of paying lower wages to female employees on each payday constitutes a “continuing violation.” Jenkins v. Home Insurance Co., 635 F.2d 310 (4th Cir.1980); [1005]*1005Satz v. ITT Financial Corp., 619 F.2d 738, 743-44 (8th Cir.1980). See Reed v. Lockheed Aircraft Corp., 613 F.2d 757, 759-61 (9th Cir.1980). We conclude that the claims are timely because each plaintiff filed charges with the EEOC within three hundred days of a payment of allegedly discriminatory wages.1

C. THE SINGLE ESTABLISHMENT REQUIREMENT

The district court also granted summary judgment on the ground that, as a matter of law, the data concerning the salaries of male directors at other Berlitz schools would not establish a violation of Title VII because it did not show that the employer discriminated in the payment of wages to employees within a single establishment, a requirement of an Equal Pay Act violation. See 29 U.S.C. § 206(d) (1976).

The premise underlying this ground for dismissal is that a sex-based wage discrimination claim may be brought under Title VII only if the evidence supporting the charge would establish a violation of the Equal Pay Act. The Equal Pay Act addresses the problem of discrimination in the payment of wages based on the sex of the employee. It makes it unlawful for employers to pay different wage rates, based on the sex of the employee, to employees in the same establishment who perform equal work. See Corning Glass Works v. Brennan, 417 U.S. 188, 94 S.Ct. 2223, 41 L.Ed.2d 1 (1974).2 The coverage of Title VII with respect to discrimination on account of sex is much broader. Title VII makes it an unlawful employment practice for an employer “to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual’s ... sex ...” 42 U.S.C. § 2000e-2(a). We note that the district court decided this case before the Supreme Court’s decision in County of Washington v. Gunther, 452 U.S. 161, 101 S.Ct. 2242, 68 L.Ed.2d 751 (1981) (Rehnquist, J. [1006]*1006dissenting), which addressed the relationship of Title VII to the Equal Pay Act. Gunther rejected the assumption upon which the district court dismissed these actions.

In Gunther, the Supreme Court held that plaintiffs, four female prison guards, could bring claims of differential compensation under Title VII even though they could not satisfy the equal work standard of the Equal Pay Act. The Court rejected the argument that the Bennett Amendment to Title VII restricted Title VII’s prohibition of sex-based wage discrimination claims to claims of “equal pay for equal work:”3

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Bluebook (online)
698 F.2d 1003, 27 Wage & Hour Cas. (BNA) 652, 12 Fed. R. Serv. 935, 1983 U.S. App. LEXIS 30693, 31 Empl. Prac. Dec. (CCH) 33,349, 30 Fair Empl. Prac. Cas. (BNA) 1706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bartelt-v-berlitz-school-of-languages-of-america-inc-ca9-1983.