Brinkley v. Harbour Recreation Club

180 F.3d 598, 44 Fed. R. Serv. 3d 724, 1999 U.S. App. LEXIS 13125, 76 Empl. Prac. Dec. (CCH) 46,081, 79 Fair Empl. Prac. Cas. (BNA) 1855, 1999 WL 387436
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 14, 1999
Docket98-2035
StatusPublished
Cited by254 cases

This text of 180 F.3d 598 (Brinkley v. Harbour Recreation Club) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brinkley v. Harbour Recreation Club, 180 F.3d 598, 44 Fed. R. Serv. 3d 724, 1999 U.S. App. LEXIS 13125, 76 Empl. Prac. Dec. (CCH) 46,081, 79 Fair Empl. Prac. Cas. (BNA) 1855, 1999 WL 387436 (4th Cir. 1999).

Opinions

Affirmed by published opinion. Judge WILLIAMS wrote the majority opinion, in which Chief Judge WILKINSON joined. Judge MOTZ wrote a dissenting opinion.

OPINION

WILLIAMS, Circuit Judge:

Elizabeth Brinkley appeals the grant of summary judgment in favor of her former employer, Harbour Recreation Club (HRC), on her Title VII, 42 U.S.C.A. §. 2000e-2(a)(l) (West 1994), and Equal Pay Act, 29 U.S.C.A. § 206(d) (West 1998), claims. Brinkley, who was general manager (GM) of HRC, argues that she created a [603]*603genuine issue of material fact on her Title VII claim when she put forth evidence that demonstrated that some of her superiors on the HRC Board of Trustees (Board) favored her termination because they lamented the loss of a particular greens superintendent who had publicly stated that he - was not pleased to work for a woman. Brinkley also • asserts that the district court made two errors in addressing her Equal Pay Act claim. First, she alleges that the district court based its summary judgment ruling on an affirmative defense that was improperly raised. Second, she contends that the district court erred when it granted summary judgment to HRC on the basis that HRC had established the “faetor-other-than-sex” defense, 29 U.S.C.A. § 206(d)(l)(iv), because HRC had produced insufficient evidence that such a factor motivated HRC’s decision to pay her male successor a higher salary. Because we determine that summary judgment was appropriate, we affirm.1

I.

These facts, drawn from Brinkley’s pleadings, affidavits, and depositions, are expressed in the light most favorable to her as the non-moving party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (stating that an appellate court reviewing a grant of summary judgment is required to view the facts in the light most favorable to the non-moving party and must draw all reasonable inferences there-' from).

In October 1993, a group of homeowners in the Fairfield Harbour development in New Bern, North Carolina, having purchased their residential community’s country club during Chapter 11 bankruptcy proceedings, organized HRC as a member-owned club. The officers of the HRC Board hired Brinkley to be the club’s business manager on October '7, 1993. Brinkley possessed a bachelor’s degree in business administration from Ithaca College, but at the time she took the position as HRC’s business manager, she had no previous country club experience.2 Brinkley received a starting salary of $30,000. Her duties as business manager included: setting up and supervising the business office; organizing and maintaining membership records; coordinating insurance coverages; implementing contracts; maintaining corporate documents such as bylaws; assisting the Board in establishing budgets; supervising accounting, record-keeping, and reporting procedures; communicating with members; and selecting and maintaining a computerized point-of-sale system.3

In January 1995, after a vote by the HRC Board, Brinkley was promoted to the position of GM of HRC. Shortly before they voted. on promoting Brinkley, members of the Board discussed during a meet[604]*604ing with the club staff the possibility of promoting Brinkley to GM. Board members asked the staff whether anyone would have difficulty working with Brinkley in that capacity. One staff member, Dick Brandel, the greens superintendent, stated that he wasn’t sure he could work for a woman.

HRC and Brinkley entered into an employment contract prepared by Brinkley on February 16, 1995. The initial term of the contract was three years and. provided that her starting salary was $50,000.4 Brinkley was eligible for cost-of-living increases as well as merit raises over the term of the contract.5 Further, the contract provided that a two-thirds majority of the Board could vote to terminate Brinkley without cause. In the event of such an occurrence, the Board would be obligated to pay Brinkley for the remainder of the contract term. If, however, a two-thirds majority of the Board determined that Brinkley was guilty of fraud and abuse in the performance of her duties or of gross negligence, the employment contract could be terminated immediately.

At the end of Brinkley’s first year as GM, the club had lost $166,111. At the same time, the Board became, concerned about the poor working relationship that had developed between Brinkley and Brandel, the greens superintendent. Brinkley and Brandel became embroiled in a dispute regarding expenses Brandel had incurred. Brinkley concluded that Bran-del had incurred unauthorized personal expenses and requested that he reimburse HRC. Brandel refused to reimburse HRC; Brinkley considered the refusal to be an act of insubordination and requested that the Board support Brandel’s termination. A majority of the Board did not support Brandéis termination. Instead, the Board altered the reporting relationship between Brandel and Brinkley. After the Board’s vote, Brinkley and Brandel were instructed that henceforth Brandel was to report to the golf pro rather than to Brinkley. Additional concerns over her job performance arose among members of the Board when Brinkley led a membership forum meeting in February 1996 during which the Board members concluded that Brinkley had made inappropriate comments about HRC’s management and her relationship with the Board.

Dick Brandel eventually resigned from HRC in May of 1996. Later, Brinkley was informed that “you did not win with Dick Brandel leaving.” (J.A. at 393.) Also in May, a Board member circulated a memorandum proposing that golf operations be made a separate autonomous operation headed by the director of golf and suggesting that Brinkley be demoted back to the position of business manager. Although this plan was never formally implemented, on June 5, 1996, Brinkley was instructed “not to micro manage golf.” (J.A. at 393-94). A few days later, during a discussion with the golf pro, Brinkley expressed her anger with the fact that the golf pro had been communicating directly with the Board. Brinkley complained that this behavior was undermining her authority as GM. At the conclusion of their meeting Brinkley said, “If this [is] the way you’re going to do it, you can sink or swim on your own.” (J.A. at 37.)

On June 11,1996, the Board had a meeting with the golf pro. After the meeting, representatives of the Board approached Brinkley and told her that they would have to abide by her decision to relinquish management of the golf operation on a temporary basis, but that the Board wanted a cohesive management team and was disturbed by the division of management. After considering their options, the Board informed Brinkley that her employment contract for the GM position would not be renewed as a result of her decision to give up managing HRC’s golf operation. On July 9, 1996, the Board proposed that [605]*605Brinkley continue at HRC as restaurant manager. On July 11, 1996, Brinkley informed that Board that she would not accept the position of restaurant manager.

Nevertheless, the Board decided to hire' someone new to take over management of HRC. After an interview on July 13,1996, James Paschal, who had eleven years of country club management experience, was hired to take on the position of chief operating officer6

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180 F.3d 598, 44 Fed. R. Serv. 3d 724, 1999 U.S. App. LEXIS 13125, 76 Empl. Prac. Dec. (CCH) 46,081, 79 Fair Empl. Prac. Cas. (BNA) 1855, 1999 WL 387436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brinkley-v-harbour-recreation-club-ca4-1999.