Children's Hospital v. City of Pittsburgh Commission On Human Relations

508 A.2d 1330, 97 Pa. Commw. 228, 1986 Pa. Commw. LEXIS 2170
CourtCommonwealth Court of Pennsylvania
DecidedMay 14, 1986
DocketAppeal, No. 2815 C.D. 1984
StatusPublished

This text of 508 A.2d 1330 (Children's Hospital v. City of Pittsburgh Commission On Human Relations) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Children's Hospital v. City of Pittsburgh Commission On Human Relations, 508 A.2d 1330, 97 Pa. Commw. 228, 1986 Pa. Commw. LEXIS 2170 (Pa. Ct. App. 1986).

Opinions

Opinion by

Judge Blatt,

The City of Pittsburgh Commission on Human Relations (Commission) and Naomi Hale (Ms. Hale) appeal the order of the Court of Common Pleas of Allegheny County which reversed the Commission’s order in favor of Ms. Hale and against her employer, the Children’s Hospital of Pittsburgh (Hospital).

After an evidentiary hearing, the Commission found as fact that Ms. Hale, who is black, was qualified to per[230]*230form the job she sought, Director of the Hospital’s Word Processing Department (Department), and that by virtue of her educational background, experience and employment history with the Hospital, she was the superior candidate. The Commission also found that the Hospital denied this position to Ms. Hale because of her race and it concluded, therefore, that the Hospital’s failure to offer that position to Ms. Hale was in violation of Section 659.02(a) of the City of Pittsburgh Code (Code).1

The Hospital appealed and, upon the record made before the Commission,2 the common pleas court reversed on the ground that substantial evidence did not support the finding that Ms. Hale was the superior candidate. The common pleas court opined that Ms. Hale was, at best, equally qualified with the successful candidate, Marlene Little (Ms. Little), a white woman from outside the Hospital’s organization, and that Ms. Hale had failed to demonstrate that she would have been hired “but for” her race.

The principles governing appeals from the Commission’s adjudication3 were laid down in General Electric [231]*231Corporation v. Pennsylvania Human Relations Commission, 469 Pa. 292, 365 A.2d 649 (1976), in which our Supreme Court adopted the rationale of the United States Supreme Court in McDonnell-Douglas Corporation v. Green, 411 U.S. 792 (1973). And, in construing Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§2000e through 2000e-17, McDonnell-Douglas holds that a complainant meets his burden of establishing a prima facie case of discrimination by showing his membership in a protected minority, his application for a job for which he was qualified, the refusal of his application and the continued search by the employer for other applicants of equal qualifications. Upon such demonstration, the burden shifts to the employer to prove legitimate, nondiscriminatory reasons for rejecting the complainant; thereupon, the complainant must be afforded an opportunity to prove that the employer’s reasons for rejecting him are actually pretextual, i.e., a coverup for a racially discriminatory decision. The ultimate burden of persuasion of intentional illegal discrimination, however, remains at all times on the complainant, and it may be carried either directly by persuading the court that a discriminatory reason probably motivated the employer or indirectly by showing that the employer’s explanation is unworthy of credence. Texas Department of Community Affairs v. Burdine, 450 U.S. 248 (1981).

Ms. Hale contends here that she presented a prima facie case of discrimination, and that she sufficiently demonstrated that the Hospital’s alleged reason for refusing her the position of director was because of her race. As the Commission correctly concluded from its findings, which are supported by the record, Ms. Hale certainly established a prima facie case of racial discrimination. She was a member of a protected minority, she applied for a position for which she was qualified, her [232]*232application was rejected, and the employer then sought others to fill the position, selecting someone with lesser qualifications.

The Hospital was then bound to show legitimate nondiscriminatory reasons for not promoting Ms. Hale, and it asserted that she lacked skills in marketing and computers and that the position required more supervisory experience than she possessed at that time. Agreeing that such reasons, if genuine, would be sufficient to overcome the prima facie case, the Commission held, however, that these alleged reasons were pretextual, as demonstrated by its findings that, at the time the new director was appointed, the position had not yet been formally described as requiring marketing and computer skills and that no plan for developing sales of the Department’s services within the Hospital had then been formulated. Moreover, the Commission further found, not inconsistent with the record, that Ms. Little (who was appointed) lacked the newly required marketing or computer experience. Additionally, the evidence adduced before the Commission was to the effect that no new computer was introduced coincident with the appointment of the new director, that Ms. Little, the new appointee, was unfamiliar with the equipment already in use and, indeed, that Ms. Hale assisted in training her in the use of the computers on hand.

The Commission also properly considered employment statistics at the Hospital to be indicative of its policies and practices with respect to minority employment. See McDonnell-Douglas, 411 U.S. at 805. It found that, in the area of office and clerical employees at the . Hospital in 1981, there were 320 employed of whom only thirty-seven were black, and that, during the same period, there were 160 officers and managers at the Hospital of whom only four were black.

The Commission’s findings may not be disturbed on appeal if in accordance with the law and supported by [233]*233substantial evidence. General Electric Corporation. And substantial evidence is that evidence, including the inferences therefrom, upon which a “reasonable man, acting reasonably, might have reached the decision.” St. Andrews Development Company v. Pennsylvania Human Relations Commission, 10 Pa. Commonwealth Ct. 123, 128, 308 A.2d 623, 625 (1973). Questions of credibility, the weight to be given to the evidence, and. the inferences to be drawn therefrom, of course, are within the exclusive province of the hearing agency and may not be disturbed or ignored by the courts if supported by substantial evidence. Winn.

We believe that the Commission’s findings here are supported by substantial evidence. Ms. Hale’s capabilities were evidenced by her various promotions into positions of increasing responsibility and by the testimony of her colleagues that she capably and diligently performed all of her duties. Moreover, the pe,rson she aspired to succeed had recommended her appointment. The Commission’s findings that the Hospital’s reasons for not appointing her were pretextual are additionally supported by the fact that the requirements of marketing, sales and computer skills were added only after, she had applied for the position. The need for “computer skills” has no basis other than its expression, because no equipment with which she was not thoroughly familiar was acquired and she was experienced in the use of the equipment already installed. The asserted need for someone with more supervisory experience is clouded by the feet that Ms.

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Related

McDonnell Douglas Corp. v. Green
411 U.S. 792 (Supreme Court, 1973)
Texas Department of Community Affairs v. Burdine
450 U.S. 248 (Supreme Court, 1981)
Gen. Elec. Corp. v. COM. PA. HUM. R. COM.
365 A.2d 649 (Supreme Court of Pennsylvania, 1976)
Winn v. Trans World Airlines, Inc.
484 A.2d 392 (Supreme Court of Pennsylvania, 1985)
Page's Department Store v. Velardi
346 A.2d 556 (Supreme Court of Pennsylvania, 1975)
Winn v. Trans World Airlines, Inc.
462 A.2d 301 (Commonwealth Court of Pennsylvania, 1983)
St. Andrews Development Co. v. Commonwealth
308 A.2d 623 (Commonwealth Court of Pennsylvania, 1973)
Danner v. Bristol Township Civil Service Commission
440 A.2d 702 (Commonwealth Court of Pennsylvania, 1982)
Reed v. Miller Printing Equipment Division of Western Gear Corp.
462 A.2d 292 (Commonwealth Court of Pennsylvania, 1983)

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508 A.2d 1330, 97 Pa. Commw. 228, 1986 Pa. Commw. LEXIS 2170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/childrens-hospital-v-city-of-pittsburgh-commission-on-human-relations-pacommwct-1986.