Katz v. School District

411 F. Supp. 1140, 22 Wage & Hour Cas. (BNA) 954, 1976 U.S. Dist. LEXIS 15477, 12 Empl. Prac. Dec. (CCH) 10,969, 16 Fair Empl. Prac. Cas. (BNA) 1126
CourtDistrict Court, E.D. Missouri
DecidedApril 21, 1976
DocketNo. 75-658C(4)
StatusPublished
Cited by1 cases

This text of 411 F. Supp. 1140 (Katz v. School District) 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
Katz v. School District, 411 F. Supp. 1140, 22 Wage & Hour Cas. (BNA) 954, 1976 U.S. Dist. LEXIS 15477, 12 Empl. Prac. Dec. (CCH) 10,969, 16 Fair Empl. Prac. Cas. (BNA) 1126 (E.D. Mo. 1976).

Opinion

MEMORANDUM

NANGLE, District Judge.

Plaintiff Jacquelyn Katz brought this suit pursuant to 29 U.S.C. § 206(d) seeking monetary and declaratory relief.

This case was tried before the Court without a jury. The Court having considered the pleadings, the testimony of the witnesses, the documents in evidence, the stipulations of the parties, and being otherwise fully advised in the premises, hereby makes the following findings of fact and conclusions of law as required by Rule 52, Federal Rules of Civil Procedure:

FINDINGS OF FACT

1. Plaintiff Jacquelyn Katz is a female citizen of the United States, residing in St. Louis County, Missouri. Defendant School District of Clayton (“District”) is a public school district operating a public school system in St. Louis County, Missouri. Defendant is an employer within the meaning of that term as it is used in the Equal Pay Act, 29 U.S.C. § 203(d).

[1141]*11412. Plaintiff was employed by defendant District during the school years 1972-1973, 1973-1974, and 1974-1975. Plaintiff worked at the Clayton Alternative School. This school, established in 1972, offers an alternative method of education to the traditional high school. The students attending the Alternative School are volunteers, attending with the permission of their parents. Approximately forty students attended the Alternative School during each of the school years in question. The Alternative School is located in its own building, approximately one mile away from the regular high school campus.

3. The District has approximately 2100 students and 165 teachers.

4. Plaintiff received a Bachelor of Arts degree from Webster College in Missouri in December, 1972. She had combined major in Alternative Education, Elementary Education and Liberal Arts. On July 1, 1972 plaintiff received a life certificate to teach elementary grades in the Missouri public schools from the Missouri State Board of Education. On July 1, 1973, she received a life certificate to teach French to grades K-12.

5. During the 1972-1973 school year, plaintiff was hired to be a secretary at the Alternative School.

6. Plaintiff spoke to Dr. Earl W. Hobbs, Superintendent of Schools for the District, at the end of the 1972-1973 school year and told him that she was interested in getting a contract as a teacher assistant. Plaintiff did get this job, with the understanding that she would continue her secretarial duties. At the time that plaintiff received this contract, Dr. Hobbs did not explain the duties of a teaching assistant to her. The role was clear to plaintiff, however, as plaintiff had been an instructional aide in another school district prior to this time.

7. During the 1973-1974 and 1974-1975 school years, plaintiff, Martin Sussman and Alfred Donovan were the Alternative School’s full time staff. Other employees of the District worked part-time at the Alternative School, and worked at the regular high school during the remainder of their time.

8. During the 1973-1974 and 1974-1975 school years, both Sussman and Donovan had contracts as teachers. Plaintiff’s contract was that of a teacher assistant. As a teacher assistant, plaintiff earned approximately $4,255 for the 1973-1974 school year and approximately $4,922 for the 1974-1975 school year. Had plaintiff received a teacher’s contract, her salary would have been approximately $7,700 for the 1973-1974 school year and $8,732 for the 1974 — 1975 school year.

9. During the staff meetings in preparation for the 1973-1974 school year, the staff (which included all persons working at the Alternative School) discussed the plans for the coming school year. It was decided as a group that plaintiff could assume some student counseling duties and teach some classes. This decision was reached after plaintiff indicated a desire to teach and to counsel.

10. The Alternative School was operated by the staff such that all persons involved, at times including students, voted on decisions. Plaintiff was included in these decision-making meetings.

11. As a teacher assistant, plaintiff was not required by Dr. Hobbs, George Beltz who was the principal of the Clayton High School, or by Sussman to teach or to counsel. Instead, plaintiff saw it as an opportunity to show the District what she could do, with the hopes of getting an appointment as a full teacher. Once plaintiff assumed these duties, she felt that she could not stop as she viewed it as a commitment and felt that the staff would have been upset. There is no evidence, however, that she was instructed to continue her assumed duties nor evidence that she requested to be relieved of the duties.

12. During the course of the 1973-1974 school year, plaintiff counseled between 8 and 12 students. Additionally, plaintiff led a reading group, co-taught with Donovan [1142]*1142an alternative education course, taught a women’s study and discussion group, and a course concerned with the behavior of fish in an overcrowded environment, and supervised independent projects (English grammar, crocheting, reading, and history of prisons in America). During this school year, plaintiff spend almost twice as much time involved in administrative work, consisting of secretarial duties, public relations, school evaluations and meetings.

13. During the 1974-1975 school year, plaintiff counseled approximately 12 students. Plaintiff also led a women’s study and discussion group, a men’s and women’s study and discussion group, co-taught a personal growth group with Sussman, co-taught a course on human sexuality with an instructor from the Clayton High School, and supervised independent projects (nutrition, history of the Beatles, history of women in and through literature, comparison of the cost of living in a Florida city and St. Louis, and sewing). Her administrative duties comprised less of her working time during this school year, secretarial duties having been eliminated. Plaintiff attended staff meetings, supervised volunteer instructors, served on the curriculum committee and academic committee, and was involved in various other administrative tasks.

14.. In the fall of 1974, plaintiff received a career grant which is normally intended to provide financial support to teachers who were interested in gaining additional skills. It is clear, however, that plaintiff’s request for the grant was a special one, as she was not a teacher, and that plaintiff understood this to be so.

15.. Dr. Hobbs was aware that plaintiff was counseling students. It was his opinion that in the environment of the Alternative School, this could not be avoided. He felt that every adult in the School should do some counseling. Dr. Hobbs was also aware that plaintiff was teaching some courses but he felt that they were “mini-courses”. He was not aware that plaintiff had the ultimate responsibility for any of the courses in which she was involved.

16. Inhere were no formal job descriptions for teachers and teacher assistants at the time in question. Dr. Hobbs stated, however, that a teaching assistant was required to assist in teaching, to undertake general clerical duties, to work with the students, and to supervise lunch and after-school activities.

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411 F. Supp. 1140, 22 Wage & Hour Cas. (BNA) 954, 1976 U.S. Dist. LEXIS 15477, 12 Empl. Prac. Dec. (CCH) 10,969, 16 Fair Empl. Prac. Cas. (BNA) 1126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/katz-v-school-district-moed-1976.