Lambert v. Genesee Hospital

10 F.3d 46
Court of Appeals for the Second Circuit·Decided November 24, 1993·No. 597·Published·Cited by 48 cases

Opinion

10 F.3d 46

62 Fair Empl.Prac.Cas. (BNA) 1638,
62 Empl. Prac. Dec. P 42,587,
63 Empl. Prac. Dec. P 42,703, 62 USLW 2247,
126 Lab.Cas. P 33,020,
1 Wage & Hour Cas. 2d (BNA) 1124

Janine LAMBERT, Eva Baker, and Tami Foster, Plaintiffs-Appellants,
v.
GENESEE HOSPITAL, Francis Dupre, Individually, and as
Manager of the Duplicating Services Department of
The Genesee Hospital, Tod Timmel,
Individually, and as Materials
Manager, Defendants-Appellees.

No. 597, Docket 92-7570.

United States Court of Appeals,
Second Circuit.

Argued Dec. 1, 1992.
Decided Sept. 17, 1993.
Amended Opinion Filed Nov. 24, 1993.

Emmelyn Logan-Baldwin, Rochester, NY, for plaintiffs-appellants.

Susan B. Robfogel, Nixon, Hargrave, Devans & Doyle (Marion Blankopf, Nixon, Hargrave, Devans & Doyle, Rochester, NY, of counsel), for defendants-appellees.

Before: LUMBARD, WINTER, and WALKER, Circuit Judges.

WALKER, Circuit Judge:

This is an action brought by three employees of the Duplicating Services Department of the Genesee Hospital (the "Hospital") against the Hospital, their supervisor Tod Timmel, and Francis Dupre, a printer in the Department who was elevated to manager. Plaintiffs allege discrimination based on sex and retaliation for complaining about the alleged discriminatory practices, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq. ("Title VII"); the Fair Labor Standards Act, 29 U.S.C. Sec. 201 et seq. (the "FLSA"), as modified by the Equal Pay Act of 1963, 29 U.S.C. Sec. 206(d) et seq. (the "EPA"); and the New York State Human Rights Law, N.Y. Exec. Law Sec. 291 et seq. (the "Human Rights Law" or "HRL").

Plaintiffs appeal on a variety of grounds from a judgment of the United States District Court for the Western District of New York (David G. Larimer, Judge ) of April 28, 1992 and an amended judgment dated May 22, 1992. The plaintiffs challenge rulings made in decisions and orders of the district court dated April 4, 1991, July 18, 1991, August 13, 1991, April 28, 1992, and May 22, 1992, contained in the foregoing judgments. Plaintiffs contend that the district court erred in dismissing a number of their claims on summary judgment; in denying them a jury trial on their Title VII and HRL claims; in a number of its evidentiary rulings; in granting judgment notwithstanding the verdict (j.n.o.v.) on certain claims and in the alternative a new trial; and in ruling that plaintiffs could not receive punitive damages under the Equal Pay Act.

We agree with plaintiffs that they were entitled to a jury trial on their Human Rights Law claims. We also agree with plaintiffs that the district court erred in granting j.n.o.v. on plaintiff Eva Baker's claim that she was denied equal pay for equal work, but affirm the district court's grant of a new trial on that issue. Further, we agree with the plaintiffs that the defendants are procedurally barred from raising grounds in their j.n.o.v. motion different from those raised in their directed verdict motion; however, we affirm the judgment for defendants on the EPA retaliation claims because plaintiffs as a matter of law failed to establish a retaliation claim under the EPA. The remainder of plaintiffs' claims are without merit, and we affirm the district court as to them.

BACKGROUND

The Hospital's Duplicating Services Department (the "Department") provides it with microfilm and printing services. The Department was formally divided into a microfilm area and a printing area in March 1983. It normally had a staff of six: two microfilm clerks, two printers who operate offset presses, one printing clerk, and a manager. Plaintiff Eva Baker transferred to the Department from another area of the Hospital in 1980 to become a microfilm clerk. In 1982, plaintiff Tami Foster, who had been a driver with the Hospital's motor pool, transferred to the Department to help out with various clerical functions. Both Baker and Foster left the Hospital in 1985 due to the alleged discriminatory acts of the defendants. Plaintiff Janine Lambert joined the hospital staff as a microfilm clerk in February 1982 and remained employed by the Department throughout the course of this action.

In March 1983, Foster operated the model "360" offset printing press and defendant Francis Dupre ran the model "385" press, which paid more than the 360 position. Also at that time, Lambert transferred to print clerk, opening up a microfilm clerk position, which Robert Weisschadel filled. The Department's manager at that time was Terri Shiels, a woman who had been manager of the Department since its creation in 1976, and before that had been manager of the Department's predecessor, known simply as the print shop. From March through May of 1982, Shiels, who had cancer, was out of the office on medical leave. When she went on medical leave again in August or September, 1983, her supervisor, Materials Manager Tod Timmel, transferred another Hospital employee, Kent Johnson, into the Department to assist in her absence.

In September 1983, Foster became pregnant and moved from the 360 press to the Department's office without a change in pay. The parties agree that this transfer stemmed from concern about the potentially harmful effects of the solvents used on the press, but disagree as to whether Foster or the Hospital initiated it. Timmel then assigned Johnson to Foster's former position on the 360 press, and announced that he would appoint one of the printing area employees to be a "charge person," who would be an informal supervisor of the printing employees. Baker, who was in the microfilm area and claimed to be acting in a supervisory capacity there, complained to Timmel about not being permitted to apply for the position. Lambert and Dupre applied for the charge-person position, which Timmel gave to Dupre. When Dupre received a corresponding raise, Baker and Lambert complained to Timmel, and also to Ron Good in the Hospital's employee-affairs department, that since Baker was in effect also a charge person in the microfilm area, she was entitled to the same salary as Dupre. Lambert also complained to Good that Timmel chose Dupre for the charge-person position over her because Dupre was male.

In May 1984, Foster went on maternity leave. As a result, Dupre moved into the office, maintaining his 385 job title and salary, Johnson moved from the 360 press to the 385 press (receiving a raise six months later), and Weisschadel took over the 360. That same month, Terri Shiels died. The Hospital subsequently advertised the manager position in the Rochester newspapers, and posted the position within the Hospital. These listings stated that the position required, inter alia, five to six years of printing experience.

In July 1984, Foster returned from maternity leave and requested reassignment to the 360 press, where she had worked before she became pregnant and moved into the office. Instead, Timmel assigned her to the microfilm clerk position, but paid her the same salary and benefits she had received as a 360 operator.

In September 1984, Timmel picked Dupre, who had more than eight years of printing experience, to manage the Department.

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