Equal Employment Opportunity Commission v. Cherry-Burrell Corp.

35 F.3d 356, 1994 U.S. App. LEXIS 25660, 66 Fair Empl. Prac. Cas. (BNA) 1749
CourtCourt of Appeals for the Eighth Circuit
DecidedSeptember 19, 1994
DocketNos. 93-3475, 93-3647
StatusPublished
Cited by2 cases

This text of 35 F.3d 356 (Equal Employment Opportunity Commission v. Cherry-Burrell Corp.) 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
Equal Employment Opportunity Commission v. Cherry-Burrell Corp., 35 F.3d 356, 1994 U.S. App. LEXIS 25660, 66 Fair Empl. Prac. Cas. (BNA) 1749 (8th Cir. 1994).

Opinions

WELLFORD, Senior Circuit Judge.

The Equal Employment Opportunity Commission (hereafter “EEOC”) filed suit in 1989 against the defendant, Cherry-Burrell Corporation (hereafter “C-B”), seeking equal pay relief under 29 U.S.C. § 206(d) and a sex discrimination award under Title VII, 42 U.S.C. § 2000e-5 for Sharon Hamblin, a C-B employee. Hamblin was permitted to intervene in early 1990. After trial, the district [358]*358court awarded $10,180 in back pay under the Equal Pay Act (hereafter “EPA”), limiting the award to a two-year period. This award was based upon the district court’s determination that the EPA violation was not “willful” and that liquidated damages were not recoverable.

The district court, at the same time, awarded plaintiffs a Title VII “back pay” recovery based upon sex discrimination.1 Hamblin was discharged in mid-1990.

Both sides appeal various aspects of the final judgment of the district court and present a number of issues in their respective appeals over which we have appropriate jurisdiction.

We first consider the Title VII award which may well subsume some, or all, of the EPA claims.

“[A] plaintiff is not entitled to a separate compensatory damage award under each legal theory. On the contrary, he is entitled only to one compensatory damage award if liability is found on any or all of the theories involved.” Greenwood Ranches, Inc. v. Skie Constr. Co., 629 F.2d 518, 521 (8th Cir.1980).

Washburn v. Kansas City Life Ins. Co., 831 F.2d 1404, 1410-11 (8th Cir.1987).

I. TITLE VII CLAIMS

A. Retaliation

We recite pertinent stipulated facts:

Sharon Hamblin [Hamblin] was employed by Cherry-Burrell [C-B] from September 16, 1974, through June 30, 1990. Hamblin was originally employed as a supply clerk and subsequently became the switchboard operator/receptionist. In January 1976 she became an Expeditor in the Purchasing Department. Hamblin was promoted to the position of Expeditor Coordinator in 1979. She remained in that position until 1982 when she was promoted to Junior Buyer.
Since 1967 there have been no Junior Buyers at any of the C-B facilities other than the facility in Cedar Rapids, Iowa, where Hamblin worked. Hamblin was Junior Buyer at C-B from March 1982 to August 1988. The position description for a Buyer at C-B does not require an employee to first work as a Junior Buyer....
Prior to 1988 all persons employed as Buyers at C-B were male. Jim Bulicek is the only other person known to have been employed by C-B as a Junior Buyer. He was promoted to Buyer less than one year after becoming a Junior Buyer in 1967.
Hamblin applied for the open Buyer’s position on March 27,1984. Abert Hallett was hired by C-B as a Buyer on May 1, 1984....

The district court found the following additional facts:

On May 1, 1984, Hamblin as the Junior Buyer was performing substantially similar duties to the duties assigned to Buyers. As the only Junior Buyer, she purchased types and lines of products that were assigned to Buyers. She followed the same policies and procedures as the Buyers. She was not required to request supervisory authority to make purchases. Hamblin was fully qualified for the position of Buyer when Hallett was hired.
Hallett was hired at a starting salary of $24,000 per year. Hallett’s salary was greater than Hamblin’s salary by $600 per month (or $7200 per year). Hamblin received satisfactory performance reviews throughout her tenure as Junior Buyer- [There] was ... a pervasive attitude in C-B’s officers that women were not as well suited as men to perform management jobs.
Hamblin did not apply for the position of Buyer in 1988, yet she received the title of Buyer....
Hamblin performed essentially the same work when she was called a “Junior Buyer” as she performed when she received the title “Buyer.” Hamblin’s duties did not change appreciably when she received the title of Buyer.
[359]*359C-B had no valid basis for placing Hamblin in the position of Junior Buyer rather than Buyer in 1982. In July 1988, C-B hired a male Buyer, Davidson, at a starting salary of $26,500. At that time, Hallett was earning $29,304.- Hamblin’s starting salary as a Buyer in August of 1988 was $25,008.
C-B repeatedly ignored its stated criteria for Buyer qualifications; Hallett was hired as Buyer even though he had no subcontracting skills, and Davidson did not possess a college degree.
In June 1990, C-B instituted a reduction-in-force, seniority being the major factor in determining who would be laid off. Hamblin was laid off as a result of her lack of seniority in a Buyer position.
Until August 1988, Cherry-Burrell refused to promote Hamblin to the position of Buyer because she was female. Hamb-lin was paid less than a male for similar work.
The bias and unfair treatment was subconscious, not willful.

The district court reached the following conclusions:

Hamblin has shown by a preponderance of the evidence that in 1984 she (a) belonged to a protected group — females; (b) was qualified for and applied for the position of Buyer; (c) was considered for but denied the position of Buyer; and (d) was passed over as Buyer when a man, Hallett, was hired_
C-B intentionally refused to “promote” Hamblin because of her sex in violation of 42 United States • Code section 2000e-2(a)(1).
Hamblin has shown by a preponderance of the evidence that as the Junior Buyer in 1984 she performed duties requiring equal skill, effort, and responsibility, under similar working conditions as those of a Buyer, but was paid less for this, equal work. CB’s evidence to the contrary was not persuasive. ...
Hamblin has not established that C-B acted willfully. In paying Hamblin less •than her male counterparts, C-B did not act in knowing or reckless disregard for whether its conduct violated the Equal Pay Act....
Hamblin has established that C-B compensated- her at a rate less than that of males doing substantially similar work in violation of Title VII.
Hamblin has not established that C-B retaliated against her for filing discrimination charges. Litigation itself provided the impetus for both Hamblin and C-B to monitor and document more closely what was occurring in .their employer-employee relationship. Hamblin was paid less than males for equal work....
Hamblin was laid off due to a lack of seniority in the Buyer’s position; this occurred seven years after Hamblin filed her initial discrimination claim. Lack of seniority is a valid, independent, non-discriminatory justification for the lay-off.

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35 F.3d 356, 1994 U.S. App. LEXIS 25660, 66 Fair Empl. Prac. Cas. (BNA) 1749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equal-employment-opportunity-commission-v-cherry-burrell-corp-ca8-1994.