Hawkins v. Anheuser-Busch, Inc.

504 F. Supp. 882, 26 Fair Empl. Prac. Cas. (BNA) 454, 1980 U.S. Dist. LEXIS 15839, 26 Empl. Prac. Dec. (CCH) 32,108
CourtDistrict Court, E.D. Missouri
DecidedNovember 25, 1980
DocketNo. 79-299C(4)
StatusPublished
Cited by1 cases

This text of 504 F. Supp. 882 (Hawkins v. Anheuser-Busch, Inc.) 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
Hawkins v. Anheuser-Busch, Inc., 504 F. Supp. 882, 26 Fair Empl. Prac. Cas. (BNA) 454, 1980 U.S. Dist. LEXIS 15839, 26 Empl. Prac. Dec. (CCH) 32,108 (E.D. Mo. 1980).

Opinion

MEMORANDUM

HUNGATE, District Judge.

This matter is before the Court for a decision on the merits following a four-day bench trial commencing on September 15, 1980. Plaintiff brings this action under 42 U.S.C. § 2000e to recover damages allegedly resulting from sex discrimination in employment.

Having considered the pleadings, trial testimony, exhibits, stipulations of the parties, briefs, and applicable law, the Court hereby makes and enters the following findings of fact and conclusions of law.

Findings of Fact

1. Plaintiff, Jacquelyn Hawkins, is an adult female citizen of the United States [884]*884who has resided in St. Louis, Missouri, at all times relevant to this action.

2. Defendant, Anheuser-Busch, Inc., is a corporation organized pursuant to the laws of the State of Missouri and, at all times relevant herein, has been an employer within the meaning of 42 U.S.C. § 2000e(b) and 29 U.S.C. § 206(d).

3. On August 3, 1978, plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission [EEOC]. Plaintiff alleged that defendant had discriminated against plaintiff on the basis of sex in refusing to promote her to the position of supervisor of trade returns. Plaintiff filed a second charge of discrimination with the EEOC on October 18, 1979, alleging that defendant had discriminated against plaintiff in refusing to promote plaintiff to the position of material control analyst in the trade returns section of defendant’s Operations Material Control Department. Plaintiff further alleged that defendant had changed plaintiff’s job description to include more clerical functions and less decision-making responsibility in retaliation after plaintiff had filed the prior charge of discrimination with the EEOC.

4. The EEOC issued a notice of right to sue arising from plaintiff’s first charge of discrimination on December 22, 1978. Plaintiff timely filed suit on March 21,1979. On May 23,1980, the EEOC issued a notice of right to sue arising from the second charge of discrimination. Plaintiff timely amended her complaint on June 9, 1980, to reflect the matters alleged in the second charge of discrimination. Plaintiff’s amended complaint substantially reiterates the matters asserted in the allegations of discrimination filed with the EEOC.

5. Plaintiff was initially hired by defendant in 1967 as a statistical clerk. Following a one-year maternity leave ending in April of 1971, plaintiff was reemployed by defendant as a junior secretary in the Operations Material Control Department under the supervision of the assistant department manager who was also responsible for management of returnable items used in the packaging and moving of beer (e. g., returnable bottles, kegs, and pallets).

6. In February of 1975, defendant established a separate trade returns section in the Operations Material Control Department. The trade returns section was generally responsible for forecasting repair, replacement, and allocation of trade return items and balancing inventories of trade return items among defendant’s facilities.

7. Plaintiff worked in the trade returns section as an accounting clerk from the inception of the trade returns section until the termination of her employment in February of 1980.

8. In April of 1978, plaintiff applied for the then vacant position of administrator of trade returns, and her application was rejected. Plaintiff again applied for the position when it became available in July of 1979.

9. The job description for the position of administrator of trade returns sets forth the following minimum qualifications:

(a) a college degree in business, industrial engineering, materials management, or a related field; and
(b) two years experience with AnheuserBusch or three years in materials management; and
(c) a basic knowledge of computers.

Additional qualifications considered desirable include a master’s degree in one of the above-mentioned fields; five years with Anheuser-Busch or in materials management; and a working knowledge with computers and prior experience in systems implementation.

10. Plaintiff has a high school diploma. Although she has completed introductory college courses in business, business mathematics, psychology, and data processing, plaintiff does not have a college degree.

11. The college degree requirements for eligibility for the position of administrator of trade returns operate to exclude women from eligibility for the position because women hold these degrees in substantially smaller percentages than their percentage in the population.

[885]*88512. The administrator of trade returns is directly responsible for long-range forecasting, coordination of transfers, repair and inventory maintenance of trade return items, and budgeting for the trade returns section, through the development and implementation of computer systems where possible.

13. Computer training, and a college degree in one of the designated fields, is substantially related to the efficient functioning and the responsibilities of the position of administrator of trade returns.

14. Plaintiff lacked the necessary educational background and computer training to be qualified for the position of administrator of trade returns.

15. In 1978, the trade returns section in the Operations Material Control Department was reorganized. The administrator of trade returns became the supervisor of trade returns, with some of the functions previously performed by the administrator to be performed by ari individual in the newly-created position of material control analyst. Some of the responsibilities previously fulfilled by plaintiff as an accounting clerk were also to be performed by the material control analyst. Plaintiff, as an accounting clerk, became responsible for the clerical duties in the trade returns section.

16. The changes in plaintiff’s job responsibilities were the result of the reorganization of the trade returns section of the Operations Material Control Department.

17. The job description for the position of material control analyst set forth the following minimum qualifications:

(a) two years of college with emphasis in inventory and production control; and
(b) three years of experience in inventory and production control.

Additional qualifications considered desirable included a bachelor’s degree in business or an associate’s degree in materials management, as well as additional production and inventory control experience. Defendant sought to hire an individual with special knowledge and skills in forecasting and inventory control.

18. During the seven years plaintiff worked in the trade returns section, she gained experience in the inventory planning, allocation, and short-term forecasting functions assigned to the newly-created material control analyst position.

19.

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Related

Hawkins v. Anheuser-Busch, Inc.
522 F. Supp. 159 (E.D. Missouri, 1981)

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Bluebook (online)
504 F. Supp. 882, 26 Fair Empl. Prac. Cas. (BNA) 454, 1980 U.S. Dist. LEXIS 15839, 26 Empl. Prac. Dec. (CCH) 32,108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawkins-v-anheuser-busch-inc-moed-1980.