Craik v. Minnesota State University Board

731 F.2d 465, 34 Fair Empl. Prac. Cas. (BNA) 649, 1984 U.S. App. LEXIS 24244, 33 Empl. Prac. Dec. (CCH) 34,252
CourtCourt of Appeals for the Eighth Circuit
DecidedMarch 23, 1984
DocketNo. 82-1930
StatusPublished
Cited by43 cases

This text of 731 F.2d 465 (Craik v. Minnesota State University Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Craik v. Minnesota State University Board, 731 F.2d 465, 34 Fair Empl. Prac. Cas. (BNA) 649, 1984 U.S. App. LEXIS 24244, 33 Empl. Prac. Dec. (CCH) 34,252 (8th Cir. 1984).

Opinions

ARNOLD, Circuit Judge.

This suit was brought on June 16, 1976, by Dr. Mary Craik1 against St. Cloud State University (SCSU), the Minnesota State University Board, the Inter-Faculty Organization/Minnesota Education Association (IFO/MEA), and various individuals,2 alleging classwide and individual sex discrimination in employment at SCSU in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1983, and the Fourteenth Amendment. Specifically, the plaintiffs allege that they and other female faculty members at the University have been subjected to unlawful discrimination with regard to (1) appointment to chair positions, (2) rank, (3) compensation, (4) appointment to administrative positions, and (5) sexual harassment. The District Court certified a class consisting of

females who are or have been employed by St. Cloud University in a teaching capacity and who have been, continue to be, or may in the future be discriminated against because of their sex with respect to promotion, compensation ... and other conditions and privileges of employment.

Designated Record (D.R.) 29.3 The case was tried by a United States Magistrate under the consent provision of 28 U.S.C. § 636(c) (Supp. V 1981). After a trial which lasted 32 days the magistrate concluded that the defendants were not guilty of unlawful discrimination either as to the class or as to the individual claims of the named plaintiffs. After reviewing the briefs, record, and arguments, we are “left with the definite and firm conviction that a mistake has been committed,” United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 525, 542, 92 L.Ed. 746 (1948), as to certain claims. Accordingly, we reverse in part, affirm in part, and remand for reconsideration of some of the individual claims for relief.

I. LEGAL STANDARDS

A.

Most of the plaintiffs’ claims are based on the theory of disparate treatment.4 All disparate-treatment claims brought under Title VII5 turn on one basic [469]*469issue: whether the employer intentionally treated “some people less favorably than others because of their race, color, religion, sex, or national origin.” International Brotherhood of Teamsters v. United States, 431 U.S. 324, 335 n. 15, 97 S.Ct. 1843, 1854 n. 15, 52 L.Ed.2d 396 (1977). In order “to sharpen the inquiry into the elusive factual question of intentional discrimination,” Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 255 n. 8, 101 S.Ct. 1089, 1094 n. 8, 67 L.Ed.2d 207 (1981), courts require Title VII plaintiffs to establish a prima facie case — “a legally mandatory, rebuttable presumption,” id. at 254 n. 7, 101 S.Ct. at 1094 n. 7 — on that issue. The “plaintiff must carry the initial burden of offering evidence adequate to create an inference that an employment decision was based on a discriminatory criterion illegal under the Act.” Teamsters, supra, 431 U.S. at 358, 97 S.Ct. at 1866 (footnote omitted). How the prima facie case is established and the consequences of its establishment, however, depend on whether the case is (1) brought by a single plaintiff on his or her own account or (2) a class action alleging a pattern or practice of discrimination.

In McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), the Court prescribed a model for the establishment of a prima facie case in “private, non-class” Title VII actions, id. at 800, 93 S.Ct. at 1823. The plaintiff must prove that he or she belongs to a protected class, applied for an available job for which he or she was qualified, but was rejected under circumstances which allow the court to infer unlawful discrimination. Id. at 802, 93 S.Ct. at 1824; Burdine, supra, 450 U.S. at 253, 101 S.Ct. at 1093. 6 The court may infer discrimination because, by establishing the prima facie case, the plaintiff has eliminated the two most common legitimate reasons for failure to hire: that there was no vacancy in the job for which the plaintiff applied or that the plaintiff was not qualified for the job. Teamsters, supra, 431 U.S. at 358 n. 44, 97 S.Ct. at 1866 n. 44. As the Court explained in Burdine,

Establishment of the prima facie case in effect creates a presumption that the employer unlawfully discriminated against the employee. If the trier of fact believes the plaintiff’s evidence, and if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff because no issue of fact remains in the case.

450 U.S. at 254, 101 S.Ct. at 1094 (footnote omitted).

Once the prima facie case is made out, the burden of production shifts to the defendant “to articulate some legitimate, nondiscriminatory reason for the employee’s rejection.” McDonnell Douglas Corp., supra, 411 U.S. at 802, 93 S.Ct. at 1824; Burdine, supra, 450 U.S. at 253-55, 101 S.Ct. at 1093-95. For example, in McDonnell Douglas Corp., the employer met this burden by producing evidence that it refused to rehire the plaintiff because he had participated in illegal demonstrations at the employer’s plant. 411 U.S. at 803-04, 93 S.Ct. at 1824-25. If the defendant carries its burden, thus raising a genuine issue of fact, the presumption of illegal discrimination drops from the case. The plaintiff at all times retains the burden of persuasion and must prove, by showing that the defendant’s explanation was not the true reason for the employment decision, that he or she was the victim of intentional discrimination. Burdine, supra, 450 U.S. at 254-56, 101 S.Ct. at 1094-95.

On the other hand, for cases brought by private plaintiffs or by the government on behalf of many employees, charging that an employer engages in discriminatory practices throughout most or all of its operations, the Supreme Court, in Franks v. Bowman Transportation Co., 424 U.S. 747, 96 S.Ct. 1251, 47 L.Ed.2d 444 [470]*470(1976), and Teamsters, supra, prescribed a different order of proof. The trial of class actions is usually bifurcated into a liability phase and a remedial phase. See Teamsters, supra, 431 U.S. at 360-62, 97 S.Ct. at 1867-68. First, in the liability phase of the action, the plaintiff must prove by a preponderance of the evidence that the defendant engaged in a pattern or practice of unlawful discrimination in various company policies, that “discrimination was the company’s standard operating procedure — the regular rather than the unusual practice.” Teamsters, supra, 431 U.S. at 336, 97 S.Ct. at 1855.

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Bluebook (online)
731 F.2d 465, 34 Fair Empl. Prac. Cas. (BNA) 649, 1984 U.S. App. LEXIS 24244, 33 Empl. Prac. Dec. (CCH) 34,252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craik-v-minnesota-state-university-board-ca8-1984.