Felippa C. FIELDS, Plaintiff-Appellee, v. William F. BOLGER, Postmaster General, United States Postal Service, Defendant-Appellant

723 F.2d 1216, 1984 U.S. App. LEXIS 26651, 33 Empl. Prac. Dec. (CCH) 34,047, 33 Fair Empl. Prac. Cas. (BNA) 1109
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 6, 1984
Docket82-5582
StatusPublished
Cited by30 cases

This text of 723 F.2d 1216 (Felippa C. FIELDS, Plaintiff-Appellee, v. William F. BOLGER, Postmaster General, United States Postal Service, Defendant-Appellant) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Felippa C. FIELDS, Plaintiff-Appellee, v. William F. BOLGER, Postmaster General, United States Postal Service, Defendant-Appellant, 723 F.2d 1216, 1984 U.S. App. LEXIS 26651, 33 Empl. Prac. Dec. (CCH) 34,047, 33 Fair Empl. Prac. Cas. (BNA) 1109 (6th Cir. 1984).

Opinions

WEICK, Senior Circuit Judge.

Defendant William F. Bolger, Postmaster General, United States Postal Service, appeals to this Court from a district court judgment after a bench trial in a Title VII sex discrimination case. Suit was brought in the district court against Bolger by Felippa Fields, the plaintiff, who claimed that she was the victim of discriminatory treatment because she was denied continuing light duty assignments by the Postal Service due to her pregnancy, and was placed on involuntary maternity leave, at a time when there was in force a Postal Service policy of assigning light duty to all disabled employees when light duty was available. The plaintiff initially sought administrative relief by filing an Equal Employment Opportunity complaint with the Postal Service on March 17, 1978. The Postal Service initially granted her request for back pay, but this position was reversed and the plaintiff’s claim denied on August 29, 1979.

The district court held that the plaintiff had established a prima facie case of sex discrimination, and that the defendant had articulated a facially legitimate reason for the Postal Service’s treatment of the plaintiff. The court concluded, however, that the defendant’s articulated reason was in fact pretextual in this particular case, and therefore awarded' the plaintiff full back pay and reasonable attorney’s fees. We reverse for the reasons hereinafter set forth.

In November, 1977, the plaintiff was employed by the Postal Service as a mail handler. During that month plaintiff learned that she was pregnant. She obtained a letter from her physician attesting to that fact, and in accordance with Postal" Service policy, requested a light duty assignment.1

[1218]*1218In January, 1978, Fields was given a light duty assignment in the Markup Room in the Post Office. After two weeks, the plaintiff was transferred to another light duty job in the Customer Service Department. In February, 1978, after submitting another request for light duty and another letter from her physician placing restrictions on her work capacity, plaintiff was again given a light duty assignment in the Markup Room in the Post Office.

Plaintiff remained assigned in the Markup Room until February 17,1978, when she was informed that the Markup Room was being closed. On that day, plaintiff was told that there was no other light duty available, and since she was not capable of going on full duty, she should go home.

On March 13, 1978, plaintiff returned to work with a letter from her physician stating that she was capable of performing full duty. Her superintendent allowed the plaintiff to begin work, but after about two hours she was told to report to a personnel manager who informed her that he was not going to honor her physician’s letter because she could not perform her lifting duties as a mail handler.2 Thus, plaintiff was sent home and involuntarily placed on maternity leave status. The following day, March 14, 1978, Fields received a letter officially placing her on maternity leave. This notice was confirmed on March 23, 1978, by a letter from the District Director of Employee and Labor Relations.3

At the trial, the District Director testified that he sent a letter to Mrs. Fields’ physician for clarification of the physician’s letter stating that plaintiff could return to full duty. In a letter dated March 21, 1978, the physician responded with his earlier restrictions on plaintiff’s lifting capacity, and suggested that plaintiff be placed on maternity leave. The District Director testified that he was concerned about putting plaintiff in a work environment that would be injurious to her. The plaintiff testified that her physician had written the letter authorizing her return to full duty status only after plaintiff gave the physician assurances to lift no weights that could be dangerous to herself or her child. The plaintiff also testified that she could lift from thirty-five (35) to forty (40) pounds while pregnant. The March 21 letter from her physician limited her lifting capacity to twenty (20) pounds, the same restriction he had placed on the plaintiff earlier.

No other attempt was made by the Postal Service to find plaintiff any light duty assignments. Rather than use any of her accumulated annual or sick leave, or daily applying for light duty with supporting documents, plaintiff remained on maternity leave without pay until after her child was born. She then returned to the Postal Service in Memphis, Tennessee, where she is presently employed.

On appeal, the Postal Service contends that until the passage of the pregnancy disability amendment to Title YII of the Civil Rights Act of 1964,4 a cause of action [1219]*1219could not be stated under Title VII for discrimination on the basis of pregnancy. The Postal Service further contends that the plaintiff failed to establish a prima facie case of discrimination, and that even if a prima facie case was established, the Postal Service articulated a legitimate, nondiscriminatory reason for its actions which the District Court erroneously found to be pretextual.

Defendant’s first contention, that no cause of action could be stated under Title VII for discrimination on the basis of pregnancy until after passage of the pregnancy disability amendment, need not detain this court for long. Although the Supreme Court in Nashville Gas Go. v. Satty, 434 U.S. 136, 98 S.Ct. 347, 54 L.Ed.2d 356 (1977), held that pregnancy related distinctions utilized in employment policies are not per se violations of Title VII, such holding does not prevent the plaintiff from showing disparate treatment “ ‘designed to effect an invidious discrimination’ ” to which Title VII does apply. 434 U.S. at 143-44, 98 S.Ct. at 352 (quoting General Electric Co. v. Gilbert, 429 U.S. 125, 136, 97 S.Ct. 401, 408, 50 L.Ed.2d 343 (1976)). We also note that the cases cited on appeal by defendant address employer policies with disparate impact, but that plaintiff’s claim in this case involves disparate treatment of one employee. The defendant has cited no precedent shielding the discriminatory treatment alleged in this case from the proscriptions of Title VII.

Next, defendant argues that the plaintiff failed to establish a prima facie case of discrimination under Title VII. The district court held that the plaintiff did so establish a prima facie case of sex discrimination.

[W]hen the defendant fails to persuade the district court to dismiss the action for lack of a prima facie case, and responds to the plaintiff’s proof by offering evidence of the reason for plaintiff’s rejection, the fact finder must then decide whether the rejection was discriminatory within the meaning of Title VII.
... Where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, whether the plaintiff really did so is no longer relevant.

U.S. Postal Service Board of Governors v. Aikens, _ U.S. _, 103 S.Ct. 1478, 1482, 75 L.Ed.2d 403 (1983).

In light of Aikens, this court may now proceed to its review of the ultimate issue in this case.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hague v. University of Texas Health Science Center
560 F. App'x 328 (Fifth Circuit, 2014)
Hulteen v. AT & T CORP.
498 F.3d 1001 (Ninth Circuit, 2007)
Hulteen v. At&t Corporation
Ninth Circuit, 2007
Dorothy Kovacevich v. Kent State University
224 F.3d 806 (Sixth Circuit, 2000)
Cline v. Catholic Diocese of Toledo
206 F.3d 651 (Sixth Circuit, 2000)
Kim Ensley-Gaines v. Marvin Runyon, Postmaster
100 F.3d 1220 (Sixth Circuit, 1996)
Carter v. American Telephone & Telegraph Co.
870 F. Supp. 1438 (S.D. Ohio, 1994)
Transou v. Electronic Data Systems
767 F. Supp. 1392 (E.D. Michigan, 1991)
Silpacharin v. Metropolitan Government of Nashville & Davidson County
797 S.W.2d 625 (Court of Appeals of Tennessee, 1990)
Harris v. Marsh
679 F. Supp. 1204 (E.D. North Carolina, 1987)
Thompson v. Union Carbide Corp.
815 F.2d 706 (Sixth Circuit, 1987)
Thomas Fulford v. Consolidated Rail Corporation
815 F.2d 703 (Sixth Circuit, 1987)
Ensor v. Painter
661 F. Supp. 21 (E.D. Tennessee, 1987)
Wrenn v. Gould
808 F.2d 493 (Sixth Circuit, 1987)
Jackson-Colley v. Department of Army Corps of Engineers
655 F. Supp. 122 (E.D. Michigan, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
723 F.2d 1216, 1984 U.S. App. LEXIS 26651, 33 Empl. Prac. Dec. (CCH) 34,047, 33 Fair Empl. Prac. Cas. (BNA) 1109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felippa-c-fields-plaintiff-appellee-v-william-f-bolger-postmaster-ca6-1984.