Jerrold I. Patee, Jr., Allan R. Jones, Jr., and Michael J. Nowak v. Pacific Northwest Bell Telephone Company

803 F.2d 476, 1986 U.S. App. LEXIS 32611, 41 Empl. Prac. Dec. (CCH) 36,629, 42 Fair Empl. Prac. Cas. (BNA) 298
CourtCourt of Appeals for the Ninth Circuit
DecidedOctober 24, 1986
Docket84-4297
StatusPublished
Cited by22 cases

This text of 803 F.2d 476 (Jerrold I. Patee, Jr., Allan R. Jones, Jr., and Michael J. Nowak v. Pacific Northwest Bell Telephone Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jerrold I. Patee, Jr., Allan R. Jones, Jr., and Michael J. Nowak v. Pacific Northwest Bell Telephone Company, 803 F.2d 476, 1986 U.S. App. LEXIS 32611, 41 Empl. Prac. Dec. (CCH) 36,629, 42 Fair Empl. Prac. Cas. (BNA) 298 (9th Cir. 1986).

Opinion

ALARCON, Circuit Judge:

Appellants Jerrold I. Patee, Jr., Allan R. Jones, Jr., and Michael J. Nowak (hereinafter collectively referred to as the male employees) appeal the dismissal of their claim for sex discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. against Pacific Northwest Bell Telephone Company (hereinafter Pacific Bell). The male employees alleged in their complaint that they are now paid less wages as Maintenance Administrators than were formerly received by Test Desk Technicians performing the same work. The male employees claim that they receive lower wages because Pacific Bell discriminates against women. The district court held that, under Spaulding v. University of Washington, 740 F.2d 686, 709 (9th Cir.), cert. denied, 469 U.S. 1036, 105 S.Ct. 511, 83 L.Ed.2d 401 (1984) (hereinafter Spaulding), the male employees lack standing to bring a claim of sex discrimination directed against women. We affirm.

I. PERTINENT FACTS

The job now performed by the male employees as Maintenance Administrators was formerly performed by Pacific Bell’s Test Desk Technicians. The employees in this latter job category were predominantly males. Test Desk Technicians were paid $527 per week. On or after May 15, 1983, the duties performed by Test Desk Techni *477 cians were transferred to the Maintenance Administrator work group. Maintenance Administrators are predominantly female. As Maintenance Administrators, the male employees now receive $422.50 per week for the performance of the same duties required of Test Desk Technicians.

The male employees requested that Pacific Bell pay them the amount previously received by Test Desk Technicians for the same work. Pacific Bell refuses to do so.

The male employees filed a charge of sex discrimination against Pacific Bell with the Equal Employment Opportunity Commission (hereinafter EEOC). The EEOC dismissed the charge and issued right to sue letters.

The male employees then filed this action for a declaration that Pacific Bell’s refusal to pay them the same salary previously received by men doing the same work constitutes an unlawful employment practice directed against women in violation of Title VII 42 U.S.C. § 2000e et seq. A separate action for a declaratory judgment on the same ground has been filed on behalf of the female employees of Pacific Bell who hold the position of Maintenance Administrators alleging sex discrimination. Stephanie Forsberg v. Pacific Northwest Bell, Case No. 84-1401-FR. That matter is not before this court in this appeal.

The district court dismissed the complaint on the sole ground that the male employees “lacked standing under Title VII to seek redress for wages lost due to alleged discrimination directed at a protected class to which plaintiffs do not belong.”

II. STANDARD OF REVIEW

A dismissal for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure is reviewed de novo. Fors v. Lehman, 741 F.2d 1130, 1132 (9th Cir. 1984) (lack of standing). See also In re Financial Corporation of America Shareholder Litigation v. Arthur Andersen & Co., 796 F.2d 1126, 1127 (9th Cir.1986) (dismissal for failure to state a claim under Rule 12(b)(6) is reviewable de novo)', accord Guillory v. County of Orange, 731 F.2d 1379, 1381 (9th Cir.1984). We limit our review to the contents of the complaint. Financial Corp., 796 F.2d at 1127; North Star International v. Arizona Corporation Commission, 720 F.2d 578, 581 (9th Cir.1983). Dismissal of the complaint will be upheld if it appears “to a certainty that the plaintiff would not be entitled to relief under any set of facts that could be proved.” Financial Corp., 796 F.2d at 1128; accord Halet v. Wend Investment Co., 672 F.2d 1305, 1309 (9th Cir.1982). Allegations of material facts are taken as true, and are construed in the most favorable light to the plaintiff. Financial Corp., 796 F.2d at 1128; North Star, 720 F.2d at 580.

III. DISCUSSION

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., permits an individual to bring an action for an unlawful employment practice involving discrimination on the basis of sex. To have standing to bring such an action the plaintiff must be “a person claiming to be aggrieved____” under 42 U.S.C. § 2000e-5. Waters v. Heublein, Inc., 547 F.2d 466, 469 (9th Cir. 1976), cert. denied, 433 U.S. 915, 97 S.Ct. 2988, 53 L.Ed.2d 1100 (1977) (hereinafter Waters). The male employees contend that Pacific Bell has discriminated against women by paying lower wages to those who work as Maintenance Administrators. They argue that the district court erred in concluding that our discussion in Spaulding was dispositive on the issue whether male employees lacked standing to bring a Title VII action based on job discrimination against women. We disagree.

In Spaulding, the nursing faculty of women plus one man sued the University of Washington for sex discrimination on several theories including violation of Title VII. The plaintiffs claimed that they received lower wages than the predominantly male faculty of other departments for substantially equal work. A special master recommended dismissal pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. The district court granted the uni *478 versity’s motion for involuntary dismissal. We affirmed the judgment of involuntary dismissal. We held that the female plaintiffs had failed to prove sex-based wage discrimination under Title VII. 740 F.2d at 699-709. We also concluded that the male nursing faculty member could not base a Title VII claim of an unlawful employment practice based on discrimination against female faculty members. In addressing this issue, we stated as follows:

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803 F.2d 476, 1986 U.S. App. LEXIS 32611, 41 Empl. Prac. Dec. (CCH) 36,629, 42 Fair Empl. Prac. Cas. (BNA) 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jerrold-i-patee-jr-allan-r-jones-jr-and-michael-j-nowak-v-pacific-ca9-1986.