Conley v. Kentucky Fried Chicken Corp.

606 F. Supp. 235, 27 Wage & Hour Cas. (BNA) 369
CourtDistrict Court, W.D. Kentucky
DecidedFebruary 28, 1985
DocketCiv. A. No. C 82-0034 L(A)
StatusPublished
Cited by1 cases

This text of 606 F. Supp. 235 (Conley v. Kentucky Fried Chicken Corp.) is published on Counsel Stack Legal Research, covering District Court, W.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Conley v. Kentucky Fried Chicken Corp., 606 F. Supp. 235, 27 Wage & Hour Cas. (BNA) 369 (W.D. Ky. 1985).

Opinion

FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION

ALLEN, Chief Judge.

This action is submitted to the Court for decision following a three-week trial and the filing of briefs. The original complaint alleged five counts of discriminatory treatment based on 42 U.S.C. § 2000e, et seq. After the Court dismissed Counts 1 through 4, the plaintiff amended her complaint, realleging Counts 1, 3, 4, and 5 as Counts I, II, III, and IV. The first counts are in Arabic numerals and the last are in Roman numerals. Finally, a second amended complaint alleging discrimination under 42 U.S.C. § 1981 as to Counts II, III and IV, and as to 42 U.S.C. § 2000e under Count IV, and also asserting claims under the Equal Pay Act and KRS Chapter 344 were allowed to be filed.

At the outset it should be noted that by far the most important claim in the action is the claim made that plaintiff, a black female, was terminated on March 24, 1981 because of her race. A great deal of testimony was taken on this issue, and it is the only issue which requires extensive fact-finding and analysis. It should also be observed that plaintiffs Equal Pay Act claim was dismissed at the trial since the evidence reveals no instance where the defendant company paid people who were equally qualified as plaintiff larger salaries.

The testimony reveals that some employees who held the same rank as plaintiff did receive $16,100 a year, whereas plaintiff received $15,000; but all of these employees had additional tenure and experience or a degree, which entitled them to be paid more than plaintiff and others like plaintiff.

Plaintiff was employed by the defendant in 1975 at a salary of $8,000 per year. As of 1980, plaintiff had received two promotions and was receiving $12,700 per year during the first part of that year. On July 1, 1980, she received her third promotion into a supervisory position and her salary was raised to $15,000 per year. It is inter[237]*237esting to note that Stan Pearman, Director of Functional Accounting, suggested to plaintiff while she was a Grade 12 junior accountant that she might apply for one of the new positions. Also, plaintiff was recommended for that promotion from Grade 12 to Grade 14 by Dave Klosterman, Controller of the defendant company. It is also noteworthy that Judy Muncy, a white female, applied for the same position which Conley sought. Also of great significance is the fact that after plaintiff was discharged, her position was taken by another black female.

Although plaintiff had filed several claims of discrimination against the defendant company prior to her final promotion, each of those claims was denied by the appropriate state or federal agency as being based on no cause, with the exception of one she filed about the failure to receive maternity leave benefits, which the defendant later paid to her.

Plaintiffs personal problems basically arose in August and September of 1980. Plaintiff had as her section leaders two whites, Julie Happel and Judy Muncy. She also supervised eleven accounts payable clerks, eight of whom were white and three of whom were black. Plaintiff testified that Happel called her a “nigger” and used many other derogatory terms based on her race, and that she discussed these problems with Royer. Royer denied this. As late as October 1980, four employees under plaintiffs supervision, three of whom were black, requested Royer to set up a meeting with them, with Pearman and himself in order to discuss problems they were having with plaintiffs allegedly “dictatorial way of ‘supervising’ them.” See Tr. Vol. II, pp 159-76.

In September 1980, an incident occurred concerning the payment of a bill on behalf of Colonel Sanders. The plaintiff complained stating that she was not allowed to reprimand the uncooperative and insubordinate section leaders, Muncy and Happel. When Royer was advised of the incident by plaintiff, he asked that she not reprimand Muncy and Happel; and he subsequently verbally reprimanded them both and advised them to cooperate more fully with plaintiff.

Following this incident, Jesse Coleman, a black who was Director of Employee Services for defendant, met with Royer, Pear-man, plaintiff and Happel and talked about the apparent inability of plaintiff and Happel to work together. Plaintiff told Coleman that she would resort to physical force if necessary to run Happel off.

Finally, on November 5, 1980, a meeting was held between Coleman, Pearman, Klosterman, John Quirk, Vice President of Human Resources, and Michael McGraw, General Counsel for defendant. Coleman and the others present believed that Happel and plaintiff would not be able to work together, and they were both ordered to be transferred from the accounts payable department effective November 6, 1980. Plaintiff was transferred to a project-oriented position as a Senior Accountant, Special Projects, which was a non-supervisory position, but she retained her Grade 14 pay level.

During the three-day vacation which plaintiff took before taking her new position, her husband filed an action in Jefferson Circuit Court in her behalf claiming unlawful employment discrimination in violation of Kentucky Civil Rights Act, KRS 844.010, et seq. The state court entered its judgment denying plaintiff’s request for a temporary injunction, finding there had been no unlawful employment discrimination.

Plaintiff reported on November 14, 1980 to George Kavorkian. Kavorkian had been a supervisor of plaintiff’s between the period January 1979 and June 1980. Plaintiff was told by Kavorkian and Klosterman that she would be responsible primarily for the new Capital Monitoring Reports and would share responsibility with Dave Johnson for the Fixed Assets Cycle Inventory Program.

Plaintiff then began a pattern of irregular attendance which continued throughout the rest of her employment. She missed 10 days of work in November, 7 days of work [238]*238in December, 1980, and 3 days of work in January, 19 days of work in February, and 11 days of work in March, 1981. These absences caused considerable pressure to be exerted on Kavorkian, who had deadlines to meet but who rescheduled the deadlines as to both Dave Johnson and plaintiff. Plaintiff was allowed until January 31, 1981 to complete the report for the Oklahoma District Stores, the Chicago District Stores by February 15, 1981 and the Cincinnati District Stores by July 20, 1981. Plaintiff did not finish either the Chicago or Cincinnati reports and the Oklahoma work had to be redone by Dave Johnson.

By February 1981, Kavorkian had become so concerned about plaintiffs absences and the progress of the work to which plaintiff had been assigned that he wrote her several letters reflecting his concerns and frustration and requested medical substantiation of her absences. On March 17, 1981, plaintiff returned to work. That day Kavorkian met with her and discussed her responsibilities and provided her with a revised memorandum reflecting new schedule dates for the reports.

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Bluebook (online)
606 F. Supp. 235, 27 Wage & Hour Cas. (BNA) 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conley-v-kentucky-fried-chicken-corp-kywd-1985.