Jones v. Chevron U.S.A., Inc.

932 F. Supp. 2d 794, 2013 WL 1189693, 2013 U.S. Dist. LEXIS 41030
CourtDistrict Court, S.D. Texas
DecidedFebruary 12, 2013
DocketCivil Action No. H-11-0851
StatusPublished

This text of 932 F. Supp. 2d 794 (Jones v. Chevron U.S.A., Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Chevron U.S.A., Inc., 932 F. Supp. 2d 794, 2013 WL 1189693, 2013 U.S. Dist. LEXIS 41030 (S.D. Tex. 2013).

Opinion

MEMORANDUM AND ORDER

STEPHEN WM. SMITH, United States Magistrate Judge.

This wage discrimination case' is before the court on the parties’ cross-motions for summary judgment (Dkts. 40, 42). Having considered the parties’ submissions and argument at a hearing on February 1, 2013, the motions are denied.1

Background

In February 2006, Veronica Jones, an African American, began working for Chevron Business and Real Estate Services (CBRES) as a contract employee. Four months later she obtained a regular full-time position within CBRES as an administrative specialist at pay grade 14 with an annual salary of $44,500. In May 2008, Jones was promoted to the position of HES specialist, and assigned pay grade 18 with a salary of $56,000. These pay grade and salary decisions were not made by CBRES, but rather by a Chevron corporate human resources group known as “Total Remuneration.” In September 2009, Jones filed an EEOC charge claiming, among other things, that she was paid less than similarly situated non-minority employees. Jones received subsequent pay raises before her job was eliminated in December 2011.

Jones filed this suit in March 2011 alleging a variety of claims, including wage discrimination on the basis of her race in violation of Title VII. At this point Jones has withdrawn or abandoned all claims other than her Title VII unequal pay claim.2 Both sides have filed summary judgment motions. We turn first to Chevron’s motion.

[796]*796 Analysis

1. Defendant’s Motion for Summary Judgment

Chevron bases its summary judgment motion on the familiar McDonnell Douglas framework, arguing that Jones can not make out a prima facie case, that Chevron had legitimate non-discriminatory reasons for its actions, and that Jones cannot show those reasons to be a pretext for unlawful discrimination (Dkt. 40). In this court’s experience the utility of this framework is often exaggerated, especially in cases “[wjhere the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case.” United States Postal Serv. Bd. of Governors v. Aikens, 460 U.S. 711, 715, 103 S.Ct. 1478, 75 L.Ed.2d 403 (1983). In this instance, however, that framework is dispositive.

A. Plaintiffs Prima Facie Case

To establish a prima facie case of racially discriminatory compensation under Title VII, Jones must show that she was paid less than a member of a different race was paid for work requiring “substantially the same responsibility.” Taylor v. United Parcel Service, Inc., 554 F.3d 510, 522 (5th Cir.2008).3 Even though McDonnell Douglas cautions that elements of a prima facie case may vary depending upon the factual situation,4 this description of the prima facie standard for Title VII pay disparity cases has been consistently followed by the Fifth Circuit over the years. See, e.g., Pittman v. Hattiesburg Municipal Separate School Dist., 644 F.2d 1071, 1074 (5th Cir.1981); Uviedo v. Steves Sash & Door Co., 738 F.2d 1425, 1431 (5th Cir.1984).

Chevron argues, citing Taylor, that Jones cannot establish a prima facie case of discrimination because she and her comparators did not work under “nearly identical circumstances.” But this is a misreading of Taylor, which does not use this phrase in discussing the prima facie case, but rather when describing the plaintiffs burden to show pretext after the employer comes forward with its legitimate non-discriminatory reason for the pay disparity. 554 F.3d at 522-23. This was how the phrase was employed in Little v. Republic Refining Co., 924 F.2d 93, 96-97 (5th Cir.1991), the lone case cited by Taylor in support of the “nearly identical” standard. In Little, an age discrimination plaintiff unsuccessfully attempted to show that the employer’s stated reasons for his discharge were pretextual by pointing to disparate treatment of a younger employee under circumstances that were not nearly identical. There is no reason to believe that Taylor’s reference to “nearly identical circumstances” was intended to silently overturn the quarter-century’s worth of prima facie case precedent represented by Uviedo and Pittman.

Jones argues that she has identified at least four non-minority comparators who were paid more for work requiring substantially the same responsibility. In order to prove a prima facie case, which is commonly acknowledged to be an extremely light burden,5 the plaintiff need estab[797]*797lish only a single instance of disparate pay. Pittman, 644 F.2d at 1074 (“The usual unequal pay case involves two employees, one black and one white, employed at the same time doing substantially the same work.”). The court will thus focus on the comparator (Aytes) whose circumstances appear most similar to Jones.

It is undisputed that Aytes was promoted to the HES specialist position in June 2008, and assigned pay grade 19 with a salary of $61,000. This was one pay grade higher and $5000 more than Jones, who had been promoted to the same position one month earlier. Even though Jones later received periodic annual raises, the pay disparity did not disappear, but actually widened — by January 2010, Jones’ salary was $59,100, while Aytes’ had jumped to $65,200.

Chevron argues that, despite sharing the same job title of HES specialist, Aytes and Jones performed substantially different work. Chevron has submitted the testimony of an HR representative that Aytes “is responsible for safety processes, including providing HES support and guidance to operations for assigned safety processes, overseeing and managing the implementation and deployment of elements of the CBRES safety programs, and conducting routine safety training. This is unlike and distinguishable from Jones’s HES Specialist position, because [Aytes] is required to use and apply HES principles and techniques to oversee and manage safety processes and programs in addition to conducting trainings.”6 Chevron has presented no evidence from Aytes herself or her supervisor describing her job content.

Jones has submitted an affidavit stating that her core job duties and responsibilities as an HES Specialist were:

• providing HES guidance to CBRES personnel concerning Incident Investigation and Reporting;
• assisting with OE reviews, field evaluations, reviews, and investigations;
• reviewing, identifying needs, and providing feedback on existing HES procedures and assisting in procedure development;
• incident investigation and reporting;

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Bluebook (online)
932 F. Supp. 2d 794, 2013 WL 1189693, 2013 U.S. Dist. LEXIS 41030, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-chevron-usa-inc-txsd-2013.