Equal Employment Opportunity Commission v. Imperial Management Co.

777 F. Supp. 1389, 1991 U.S. Dist. LEXIS 19332, 57 Fair Empl. Prac. Cas. (BNA) 582
CourtDistrict Court, W.D. Tennessee
DecidedSeptember 18, 1991
DocketCiv. A. No. 86-2533-W/B
StatusPublished

This text of 777 F. Supp. 1389 (Equal Employment Opportunity Commission v. Imperial Management Co.) is published on Counsel Stack Legal Research, covering District Court, W.D. Tennessee 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. Imperial Management Co., 777 F. Supp. 1389, 1991 U.S. Dist. LEXIS 19332, 57 Fair Empl. Prac. Cas. (BNA) 582 (W.D. Tenn. 1991).

Opinion

MEMORANDUM OPINION

WELLFORD, Senior Circuit Judge,

sitting by designation.

The Equal Employment Opportunity Commission (“EEOC”) brought this action under Title VII of the 1964 Civil Rights Act (42 U.S.C. § 2000e, et seq.) charging defen[1390]*1390dant Imperial Management Company, a/k/a Hardaway Management Company (collectively referred to as “Hardaway”), apartment complex managers, with sex discrimination. The EEOC alleges that the defendant retaliated against the charging party, Carolyn Drinkwater (“Drinkwater”), who also intervened in this case as a party plaintiff, and her supervisor, Marilyn Albert Duckworth (“Duckworth”), both of whom were discharged by defendant. Drinkwater, was employed by defendant at its Lakeside Downs apartment complex in Memphis from December 15, 1981 through January 7, 1983. Drinkwater had been employed at Lakeside Downs in the same position prior to December 15, 1981 under a different property management company.

Drinkwater experienced medical difficulties requiring hospitalization. She was released on December 17, 1981, from the hospital by her treating physician, Dr. Phillip Mintz. Drinkwater claims that he gave her a statement indicating that she needed to be off additional days for her recuperation. The statement, a subject of controversy, was not made available until the eve of trial and defendant contests its authenticity.

In Duckworth’s deposition, she indicated the doctor’s letterhead was on the document and that it was signed by the doctor. The document Drinkwater introduced into evidence was not signed by the doctor nor was it on his letterhead. In her deposition, Duckworth indicated she could not remember going to defendant with the document, but she testified that she did take it to John Cooke, her supervisor at the time.1

In any event, Drinkwater provided a copy of a statement to her supervisor, Duckworth, requesting thirty days leave of absence. After receiving no answer to her request, Drinkwater complained to Duck-worth that she felt herself subject to discrimination because she was aware that a male employee, Maurice Martin, had been granted what she thought was a thirty day medical leave. (Martin was a custodial employee; it was not clear whether there were different medical circumstances involved as to him, and the only documented proof submitted was an authorized four day leave signed by Duckworth for Martin to have eye surgery). In any event, Drink-water requested a leave of absence, which was denied by Cooke. Drinkwater’s belief that she had been discriminated against because of her sex was communicated to Cooke by Duckworth about the first week of January, 1983.

On January 7, 1983, Cooke met with Duckworth and Drinkwater and advised them they were being terminated due to a “permanent administrative change.” Defendant contends that Duckworth and Drinkwater were discharged because of the high vacancy rates and delinquency in rent payments at Lakeside Downs. Cooke testified that the delinquency rates at Lakeside Downs increased to an unacceptable level prior to the discharge of Duckworth and Drinkwater. Cooke admitted under cross-examination, however, that he had never raised the issue of delinquency rates with Drinkwater or Duckworth while they worked at Lakeside Downs. Defendant introduced no documentary evidence concerning delinquency rates. Cooke also testified that Duckworth and Drinkwater were responsible for the high delinquency rate because they failed personally to visit tenants to collect rents. Duckworth testified, however, that she was never told that one of her responsibilities was to visit tenants for the purpose of collecting back rent.

The record shows that in March of 1983, following the discharge of Duckworth and Drinkwater, the rents were reduced, resulting in the vacancy rates coming down. Both Duckworth and Cooke testified that when rents were increased by 10%, it was expected that an increase in the vacancy rate would occur. Casey Allen, a white male, who had also been discharged by defendant, testified he had never received a reprimand during his employment and had never been told that his employment was unacceptable prior to his discharge.

[1391]*1391Drinkwater, a high school graduate, testified that she sought employment after her termination. She was married with several children. Drinkwater had experience as a dental assistant, leasing agent, assistant resident manager, and a clerk/assistant manager for Southland Corporation at the time of her termination. Drinkwater applied at several locations for employment, but did not seek work in apartment management. She felt that she would be unable to find further employment in the apartment leasing industry in Memphis.

Drinkwater did work for the Southland Corporation as an assistant manager and in other capacities in a 7/11 store from 1979 until 1986. She was not employed again until 1988 when she worked at the Hair Kutt Plus, B.J.G., Inc., and at St. Augustine Church and School. In 1989 and in 1990, Drinkwater worked as a hair stylist, with the Shelby County government as a deputy register and at other employment. Drinkwater suffered a work-related injury for some time in 1985, and was unable to work following a car accident for six months in 1987. At the time of her termination in January 1983, Drinkwater was making $164 per week for forty hours per week, or $4.10 per hour, plus being furnished an apartment. Defendant furnished both Drinkwater and Duckworth letters of recommendation to assist them in obtaining future employment.

After her discharge, Duckworth was not gainfully employed for approximately a year and one-half from January, 1983 to July, 1984. She was a student during that period of time. She has been gainfully employed by Federal Express since July of 1984.

In addition to the instant charge, Drink-water has filed a number of EEOC discrimination charges, and, at trial, still had a claim pending against the Southland Corporation. Drinkwater has also claimed and received workman’s compensation benefits for some period of time due to injuries received while working for the Southland Corporation. She was unable to work for a considerable part of this period following her termination.

Plaintiffs pursue this case as a retaliation claim, not a sex discrimination claim. This court notes that no claim of substantiated sex discrimination has been established by Drinkwater or by EEOC under the circumstances here presented. Drink-water was aggrieved that her request for a leave was denied, but she has not shown that the refusal, even if arbitrary, was motivated by sex discrimination. The claim, however, is that she was discharged in retaliation for making what the court concludes was an unsubstantiated claim for sex discrimination.

The court concludes that Drinkwater's claim, involving a “feeling” of sex discrimination, was communicated to defendant. Drinkwater’s charge made in March of 1983, asserted that after being discharged from the hospital on December 17, 1982,2 she asked Duckworth, her female manager, for a thirty day leave for rehabilitation purportedly based on her doctor’s advice.3 Duckworth allegedly told Drinkwater that “she needed” her and that if she did not return she would be terminated. Duck-worth testified that when she brought Drinkwater’s leave request to Cooke, he said he could not guarantee her position for thirty days.

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777 F. Supp. 1389, 1991 U.S. Dist. LEXIS 19332, 57 Fair Empl. Prac. Cas. (BNA) 582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equal-employment-opportunity-commission-v-imperial-management-co-tnwd-1991.