Cullari v. East-West Gateway Coordinating Council

457 F. Supp. 335, 21 Fair Empl. Prac. Cas. (BNA) 698, 1978 U.S. Dist. LEXIS 15479, 18 Empl. Prac. Dec. (CCH) 8901
CourtDistrict Court, E.D. Missouri
DecidedSeptember 18, 1978
Docket76-1108C(3)
StatusPublished
Cited by6 cases

This text of 457 F. Supp. 335 (Cullari v. East-West Gateway Coordinating Council) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cullari v. East-West Gateway Coordinating Council, 457 F. Supp. 335, 21 Fair Empl. Prac. Cas. (BNA) 698, 1978 U.S. Dist. LEXIS 15479, 18 Empl. Prac. Dec. (CCH) 8901 (E.D. Mo. 1978).

Opinion

457 F.Supp. 335 (1978)

Francine L. CULLARI, Plaintiff,
v.
EAST-WEST GATEWAY COORDINATING COUNCIL, Defendant.

No. 76-1108C(3).

United States District Court, E. D. Missouri, E. D.

September 18, 1978.

Mary Anne Sedey, Anderson, Everett, Sedey & VanAmburg, St. Louis, Mo., for plaintiff.

Edward E. Murphy, Jr., Murphy-McCarthy Associates P. C., Clayton, Mo., for defendant.

MEMORANDUM

NANGLE, District Judge.

Plaintiff Francine L. Cullari brought this suit pursuant to 42 U.S.C. § 2000e et seq. *336 alleging discrimination on account of sex. Plaintiff seeks damages in the form of back pay and an award of attorney's fees and costs.

This case was tried to the Court sitting without a jury. After consideration of the pleadings, the evidence adduced, the documents submitted, the stipulations of the parties, and being otherwise fully advised in the premises, the Court hereby makes the following findings of fact and conclusions of law in accordance with Rule 52, Federal Rules of Civil Procedure:

FINDINGS OF FACT

1) Plaintiff Francine L. Cullari is a female citizen of the United States who at all times relevant hereto was a resident of the state of Missouri. Defendant East-West Gateway Coordinating Council is a not-for-profit corporation doing business in the state of Missouri. Defendant is an employer engaged in an industry affecting commerce and has employed at least 25 employees at all times relevant to this action.

2) Plaintiff was employed by defendant from April 26, 1971 to September 26, 1974. Plaintiff received a Bachelor of Science degree, with a major in sociology, from Chestnut Hill College, Philadelphia, Pennsylvania, in June, 1968. Plaintiff attended the New School for Social Research in New York, New York, from September, 1968 to June, 1969. She completed four courses toward a Master of Arts degree in sociology but no degree was obtained from the New School for Social Research. Plaintiff received a Master of Arts degree in urban affairs from St. Louis University, St. Louis, Missouri, in May, 1974.

3) Prior to her employment with defendant, plaintiff worked as a social worker at the New Jersey Bureau of Children's Services, Trenton, New Jersey, from June, 1968 to September, 1969 at a salary of $550.00 to $649.00 per month. Plaintiff worked as a planner for Planners Associates, Inc., Newark, New Jersey, from October, 1969 to April, 1970, and from October, 1970 to January, 1971 at a salary of $600.00 per month. At Planners Associates, plaintiff was responsible for an economic base study for Essex County, New Jersey; included was study design, data collection and analysis, writing and supervision of other employees.

4) Plaintiff was employed by defendant as a Research Assistant II from April 26, 1971 to September 1, 1972. From September 1, 1972 through August 1, 1973, plaintiff was employed as an Assistant Planner II. From August 1, 1973 to September 26, 1974, plaintiff was employed as a Planner I.

5) Plaintiff's rates of pay were as follows:

  April      26, 1971   $613.00 per month
  June        1, 1971   $621.00 per month (cost of living
                                                increase)
  December    1, 1971   $634.00 per month (cost of living
                                                increase)
  May        16, 1972   $666.00 per month (merit increase)
  June        1, 1972   $667.00 per month (cost of living
                                                increase)
  September   1, 1972   $700.00 per month (merit increase)
  December    1, 1972   $716.00 per month (cost of living
                                                increase)
  August      1, 1973   $769.00 per month (merit increase)
  December    1, 1973   $806.00 per month (cost of living
                                                increase)
  June        1, 1974   $842.00 per month (cost of living
                                                increase)
  July        1, 1974   $974.00 per month (merit increase).

At all times while employed by defendant, plaintiff performed her assignments competently. She received an excellent formal evaluation; no area for improvement was noted thereon.

6) When first hired, plaintiff worked on a project concerning the identification of developers interested in pre-fabricated housing. Plaintiff did some writing and editing on the report; additionally, she attended a conference which she helped to set up. Plaintiff then worked for Alan Berg, then deputy director of defendant, on a number of projects including a drug abuse study, and a study of commercial vacancy rates. In September, 1972 plaintiff worked for Alvin Boudreaux and worked on a population projection study. This required the development of methodology, and collection of data. Plaintiff calibrated the test. While working on this project, plaintiff was classified as an assistant planner. Planners, with a higher salary, were working *337 under plaintiff's supervision although nominally under the supervision of plaintiff's superiors. Plaintiff experienced almost no day-to-day supervision while doing this study. Plaintiff also worked on land use, general revenue, and economic research while working for Boudreaux. Plaintiff next worked under the supervision of Leroy Grossman, in the housing section. Plaintiff finished a study on financing housing. Later, she wrote a report on housing and finance. Plaintiff was told in February 1974 by Alan Richter, who had replaced Berg, that he wanted plaintiff to continue with housing under a contract with the Department of Housing and Urban Development. At that time, there was no one else at defendant working on housing and plaintiff had no direct supervision. In March, Wallace Altes became director of general planning and was plaintiff's supervisor; nonetheless, plaintiff was not supervised on a daily basis. In March, 1974 Timothy Barry who had been working with a Housing Task Force, was transferred into the housing department and shared an office with plaintiff. While working in housing, plaintiff was involved in gathering model legislation for fair housing legislation; researching state legislation on redlining including the drafting of legislation and the representation of defendant Gateway at a meeting of the Board of Aldermen; exclusionary zoning research; reviews of A-95 reports; preparation of quarterly progress reports to federal agencies; negotiation and monitoring of a subcontract; preparation with Barry of a position paper on § 8 public housing; and the gathering of materials and establishment of a meeting on high risk rehabilitation funds. In addition, in 1974, plaintiff and Barry attended a conference in Kansas City, Missouri concerning the Housing Community Development Act. Plaintiff was also responsible in 1974 for the hiring of another individual for the housing department. Plaintiff was commended by each of the individuals who supervised her work.

7) Plaintiff complained about her salary on numerous occasions. In April, 1971 plaintiff complained to Berg who told plaintiff that the budget would not allow a higher salary. In July, 1971, plaintiff discovered that the budget was in fact being underspent. Plaintiff against asked Berg for a higher salary. Berg said that he had hired plaintiff at a lower salary because he did not know if she would stay. Berg said that he would have to justify a higher raise with some significant work and asked plaintiff to think of something significant.

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Bluebook (online)
457 F. Supp. 335, 21 Fair Empl. Prac. Cas. (BNA) 698, 1978 U.S. Dist. LEXIS 15479, 18 Empl. Prac. Dec. (CCH) 8901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cullari-v-east-west-gateway-coordinating-council-moed-1978.