Equal Employment Opportunity Commission v. Francis W. Parker School

41 F.3d 1073
CourtCourt of Appeals for the Seventh Circuit
DecidedNovember 18, 1994
Docket93-3395
StatusPublished
Cited by115 cases

This text of 41 F.3d 1073 (Equal Employment Opportunity Commission v. Francis W. Parker School) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Francis W. Parker School, 41 F.3d 1073 (7th Cir. 1994).

Opinions

BAUER, Circuit Judge.

The United States Equal Employment Opportunity Commission (“EEOC”) brought an action against the Francis W. Parker School (“Parker”) alleging that in its 1989 hiring of a drama teacher, the school violated the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621-634. The district court granted summary judgment in favor of Parker. We affirm.

I.

Parker is a private primary and secondary school located in Chicago’s Lincoln Park area. The principal of the school has ultimate authority as to decisions on hiring and firing of teachers. Incumbent teachers’ salaries are determined by a twenty-two-step system which links salary to work experience. As a matter of policy, Parker has also used the step system to determine the salaries it will pay new teachers by crediting them for prior teaching experience they have had elsewhere.

When a teacher left Parker’s drama department in the fall of 1988, Paul Druzinsky, the head of the department, was asked to search for a replacement. Because of fiscal constraints, Parker’s principal, John Cotton, told Druzinsky that the position would pay an annual salary of no more than $28,000. The list of candidates was narrowed to three, all of whom were interviewed between March 14 and March 24 of 1989. On March 27, Parker hired Nancy Bishop as the school’s new full-time drama teacher. Bishop had at the time a year of experience and was to start at an annual salary of $22,000.

In the meantime, on March 13, after Druz-insky had announced the three finalists for the position, one of Parker’s music teachers asked Druzinsky if he would review the resume of a drama teacher named Harold Johnson. Johnson was sixty-three years old and claimed to have thirty years of experience. Druzinsky called Johnson a week later to inform him that he would not be hired. One of the reasons given for the decision was that Johnson qualified for a salary higher than Parker could afford.. Druzinsky claims that he also told Johnson that he was not considered for the position because Druzin-sky had received Johnson’s resume after the search process was over and the final candidates had been chosen. Johnson denies that Druzinsky ever mentioned this.

On Johnson’s behalf, the EEOC filed this lawsuit alleging that Parker’s conduct constituted disparate treatment and disparate impact in violation of the ADEA. Parker’s first motion for summary judgment was denied on August 27, 1992. In light of the Supreme Court’s decision in Hazen Paper Co. v. Biggins, — U.S. —, 113 S.Ct. 1701, 123 L.Ed.2d 338 (1993), Parker requested that the court reconsider its ruling. The court granted the request, and on June 14, 1993, granted Parker’s motion for summary judgment on the EEOC’s disparate treatment claim. Parker followed up with a motion for summary judgment on the EEOC’s disparate impact claim, and again relying on Hazen Paper, the court granted this motion. The EEOC appeals only the decision on its claim of disparate impact.

II.

We review a decision granting summary judgment de novo. Doe v. Allied Sig[1076]*1076nal Inc., 925 F.2d 1007, 1008 (7th Cir.1991). Summary judgment is appropriate when the record, viewed in a light most favorable to the nonmoving party, reveals that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c).

Drafters of the ADEA relied to a large extent on the language of Title VII of the CM Rights Act of 1964. 42 U.S.C. § 2000e. As a result, “disparate treatment” and “disparate impact,” terms traditionally used to describe theories of relief under Title VII have been incorporated into the ADEA lexicon. The theories can briefly be described as follows.

Disparate treatment occurs when an employee is treated less favorably simply because of race, color, sex, national origin, or in our ease, age. This is the most obvious form of discrimination. To be successful on this type of claim, proof of discriminatory motive is critical. International Bhd. 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).

Disparate impact is the result of more subtle practices, which on their face are neutral in their treatment of different groups but which in fact fall more harshly on one group than another. No proof of discriminatory motive is necessary, but if the practice is found to be justified by business necessity, the claim will fail. The EEOC claims that due to the statistically significant relationship between age and work experience, by setting a low maximum salary limit, Parker excluded a disproportionate percentage of applicants over the age of forty from consideration for the teaching position.1 Because no business justification was offered in defense of this policy, the EEOC concludes that Parker’s process in hiring a new drama teacher violated the dictates of the ADEA.

We begin our analysis with a brief discussion of the Supreme Court’s decision in Hazen Paper. Walter Biggins, a sixty-two year old technical director for the Hazen Paper Company was fired from his position in 1986. Hazen Paper’s pension liability vested after an employée completed ten years of service. Biggins’s pension benefits would have vested had he worked a few more weeks. As an alternative to his release, Hazen Paper offered to retain Biggins as a consultant, a position which would not have allowed Big-* gins’s pension benefits to vest. Biggins brought an ERISA and ADEA claim against Hazen Paper. The jury held in his favor on both counts, and the Court of Appeals affirmed both findings of liability. The Supreme Court granted certiorari to decide whether discharge of an employee motivated by the employer’s desire to avoid the vesting of pension benefits is sufficient to state a disparate treatment claim under the ADEA. Hazen Paper, — U.S. at —, 113 S.Ct. at 1704. Because the evidence did not show that Hazen Paper’s decision was based on Biggins’s age, the Court held that his disparate treatment claim was deficient. Id. at —, 113 S.Ct. at 1708.

Hazen Paper was, by its own terms, a disparate treatment case only. Id. at —, 113 S.Ct. at 1706. Nevertheless, the Court’s examination of the ADEA is instructive here. Critical to the Court’s analysis was its belief that inaccurate stereotyping of the elderly was, “the essence of what Congress sought to prohibit in the ADEA.” Id. The ADEA “requires the employer to ignore an employee’s age ... it does not specify further characteristics that an employer must also ignore.” Id. at-, 113 S.Ct. at 1707. Hence, when an employer denies a worker an employment opportunity based on the belief that older employees are less efficient or less productive, the ADEA provides the worker with a cause of action. On the other hand, “[w]hen the employer’s decision is wholly motivated by factors other than age, the problem of inaccurate and stigmatizing stereotypes disappears.

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41 F.3d 1073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equal-employment-opportunity-commission-v-francis-w-parker-school-ca7-1994.