Ciarrochi v. Provident National Bank

83 F.R.D. 357, 21 Fair Empl. Prac. Cas. (BNA) 1125, 28 Fed. R. Serv. 2d 308, 1979 U.S. Dist. LEXIS 11346, 22 Empl. Prac. Dec. (CCH) 30,761
CourtDistrict Court, E.D. Pennsylvania
DecidedJune 29, 1979
DocketCiv. A. No. 76-3487
StatusPublished
Cited by2 cases

This text of 83 F.R.D. 357 (Ciarrochi v. Provident National Bank) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ciarrochi v. Provident National Bank, 83 F.R.D. 357, 21 Fair Empl. Prac. Cas. (BNA) 1125, 28 Fed. R. Serv. 2d 308, 1979 U.S. Dist. LEXIS 11346, 22 Empl. Prac. Dec. (CCH) 30,761 (E.D. Pa. 1979).

Opinion

MEMORANDUM

CLIFFORD SCOTT GREEN, District Judge.

This action is a sex discrimination suit brought under Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq., the Equal Pay Act, 29 U.S.C. § 206(d) et seq., and various unidentified Executive Orders challenging the employment practices of the Provident National Bank (hereinafter “Provident”). The plaintiff, Lillian T. Ciarrochi, was employed by Provident from November 17, 1969 to May'23, 1975, when she was discharged for alleged insubordination in refusing to perform a work assignment. Jurisdiction of this Court is alleged to be invoked pursuant to 28 U.S.C. § 1331, 28 U.S.C. § 1361; 28 U.S.C. § 1343; 28 U.S.C. §§ 2201, 2202; 42 U.S.C. § 2000e-5(f); 28 U.S.C. § 1337 and 29 U.S.C. § 216(b).

Presently, the plaintiff moves for certification of the following classes:

PRIMARY CLASS
All female employees of Provident National Bank in salary grade nine and above who, on or after January 10, 1975 were being, or will be, denied employment opportunities solely on account of their sex; and,
SUB CLASS
All females who, on or after January 10, 1975 applied or will apply for jobs at Provident National Bank in salary grade nine and above, but who were denied employment opportunities solely on account of their sex.

For the reasons set forth below, I deny the said motion.

I.

The plaintiff was first employed by Provident, a large commercial bank with offices dispersed throughout Philadelphia and its surrounding counties, on November 17, 1969. The Bank offered her a position as an accounting officer at an annual salary of $8500, and although she felt that this salary was both incommensurate with the responsibilities she would assume and less than what similarly situated males at the Bank earned, she accepted the job.

During the course of working for her male supervisor, Tony Cacciatore, the plaintiff’s misgivings about Provident’s treatment of female employees steadily escalated. She alleges that Cacciatore repeatedly demeaned and harassed female subordinates. According to the plaintiff, Caccia-tore assigned her the “dirty work” in the department that was never shared by the male accountants, including fetching coffee and performing clerical tasks. Although she inquired through him about better positions within the bank, she felt that she was never considered for any of them, and they were later filled with men. The plaintiff also maintains that Cacciatore gave her smaller raises than those given to the male accountants. When she complained, Caccia-tore allegedly replied that the men were “married and have responsibilities and they need more money.”

In 1973, the plaintiff became an active member of the National Organization of Women (NOW). This role led her to realize that Cacciatore’s misogynism, albeit extreme, generally typified the Bank’s discriminatory attitude toward women. Her affiliation with NOW was well known throughout the Bank, and she claims that disgruntled females constantly called her or stopped her on the elevator to inform her of their experiences with sex discrimination at Provident. Through these conversations the plaintiff was advised that at least 100 females were never considered for promotions, and that the secretarial and teller jobs were nothing but deadend positions. In addition, she alleges that female tellers complained that they were never considered for the “head tellers” job because that position was reserved for males.

On May 23, 1975, Provident terminated the plaintiff’s employment. The immediate events precipitating this action began three days earlier. On May 20, 1975, Cacciatore held a meeting with the plaintiff and a [359]*359representative of the Bank’s Trust Department. The plaintiff was informed that she would handle the books for a new subsidiary, and she alleges that it was estimated that this new account would demand from her ten additional hours of work during the first month, and eighty to ninety hours of work per month thereafter. The plaintiff claims that the next day, Cacciatore advised her that she would also be forced to assume clerical duties previously performed by his secretary. Although the plaintiff remonstrated against the imposition of these additional clerical duties, Cacciatore remained adamant. He allegedly suggested that the plaintiff could handle the extra chores by working Saturdays, Sundays and weeknights. The plaintiff asked to speak to a Bank officer with higher authority, but Cacciatore responded that the decision was unalterable. Consequently, the plaintiff later delivered to Cacciatore and his superiors a memo which stated, in part:

In regard to our conversation on Wednesday afternoon when you informed me that I would have to take over the books and records of PNFC, this letter is notice that I refuse to do it.
. I expressed the opinion that this added burden would be physically impossible without working excessive overtime for which I aril not compensated. I also felt that the work I am presently doing could not possibly receive the quality of attention required.
When I asked about extra compensation, you told me there would be none. . When I persisted on the compensation issue, you suggested we meet in several weeks and that I try to convince you that I am worth more money. I do not believe that a person with my experience and credentials should be put on trial.
I would be willing to discuss this in detail with anyone you suggest in an effort to reach an equitable compromise.

After reading the memo, Cacciatore called the plaintiff into his office to discuss her refusal to accept the new assignment. When she reaffirmed her objection to the additional work, Cacciatore informed her that he was terminating her for insubordination, and this termination was subsequently approved by the Bank’s Personnel Division.

The plaintiff believes that her termination was also motivated by remarks she made to Mr. Lowry, a high-ranking officer of Provident, at a dinner party. The plaintiff arranged this meeting between Lowry and representatives of NOW. Apparently a heated discussion about the ethics of feminist groups receiving contributions from corporations ensued, and she feels that some of her comments may have offended Lowry.

On March 10, 1976, the plaintiff filed a timely charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”).

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83 F.R.D. 357, 21 Fair Empl. Prac. Cas. (BNA) 1125, 28 Fed. R. Serv. 2d 308, 1979 U.S. Dist. LEXIS 11346, 22 Empl. Prac. Dec. (CCH) 30,761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ciarrochi-v-provident-national-bank-paed-1979.