Leveen v. Stratford Housing Authority

629 F. Supp. 228, 42 Fair Empl. Prac. Cas. (BNA) 1685, 1986 U.S. Dist. LEXIS 30513
District Court, D. Connecticut·Decided January 13, 1986·No. Civ. No. B-82-564 (TFGD)·Published·Cited by 2 cases

Opinion

MEMORANDUM OF DECISION

DALY, Chief Judge.

The plaintiff, Judith L. Leveen, brought this action against defendants Stratford Housing Authority (S.H.A.), its Board of Commissioners, and Edwin Carey, Anthony Testi, Marcel Theriault, Harry Weide, Fred R. Lucas, Robert Burns, Nicholas Vosgerichian, Anthony Mannio, George Guman, and John B. Roughan on September 24, 1982, alleging gender-based employment discrimination and retaliation for having filed a complaint with the Equal Employment Opportunity Commission (EEOC) and the Connecticut Commission on Human Rights and Opportunities (CCHRO), both in violation of 42 U.S.C. § 2000e et seq. (Title VII). More specifically, plaintiff, by way of her third amended complaint of October 21, 1985, alleged defendants engaged in a pattern and practice of discrimination, depriving her of equal treatment in the terms and conditions of her employment and in matters of hiring, job assignment, promotion, demotion, transfer, pay, training, and discharge. Plaintiff’s Third Amended Complaint at 1f 10. Plaintiff further alleged under 42 U.S.C. § 1983 deprivation of her rights to due process and equal protection and deprivation of rights secured by the Equal Pay Act, 29 U.S.C. § 206(d). Trial began on October 22, 1985 and concluded on October 31,1985 with the jury returning verdicts in favor of the defendants on plaintiff’s § 1983 and Equal Pay Act claims. The Court then asked the parties to submit proposed findings of fact and conclusions of law addressing plaintiff’s claim for relief under Title VII. Having reviewed these submissions and the evidence introduced at [230] trial, the Court hereby holds that defendants’ actions did not violate Title VII. In support of its holding, the Court enters the following findings of fact and conclusions of law.

FINDINGS OF FACT

(1) Plaintiff is a female and was employed by the defendant when the alleged discrimination occurred. Defendant is an employer engaged in an industry affecting commerce1 and, when the alleged statutory violations took place, employed more than fifteen employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year.

(2) The plaintiff was hired as an accountant/auditor by the S.H.A. on August 27,1979 earning $182.69 per week. At that time, Edward Carey, then S.H.A. Executive Director, explained that in light of the budget, he could not afford to pay her more. Plaintiff later received numerous salary increases, some of which were retroactive and necessitated by later state approval of S.H.A. budgets and others which were based on merit. Plaintiff also received one salary reduction when her acting office manager duties were removed in November, 1981. The actual reduction in pay did not occur until approximately sixty days after such duties were removed and was not retroactive. Upon her termination, plaintiff was earning $299.20 a week.

(3) During plaintiff’s term of employment with the S.H.A., plaintiff was called upon to perform additional duties as acting officer manager. Plaintiff also performed some of the duties that the Deputy/Assistant Director would otherwise perform. In fact, plaintiff applied for the position of Deputy Director, but was not chosen. George Guman was eventually selected based on his qualifications, see Plaintiff’s Exhibit # 20, and in light of the serious problems plaintiff had confronted in performing her duties as an accountant. Various political factors also played a role in Guman’s hiring, as well as the fact that Guman had in previous positions been responsible for supervising full and part-time employees.

(4) Although plaintiff had received a bachelors degree in accounting, accounting for a public housing authority required knowledge plaintiff had not previously acquired. The defendant S.H.A. provided a fee accountant Arthur D’Amato to train the plaintiff and plaintiff was also given access to various accounting manuals on public housing. While several male employees were permitted to attend training sessions outside of the S.H.A.’s physical plant, such employees performed different duties with the S.H.A. and were not called upon to perform the accounting duties for which plaintiff was initially hired.

(5) Male employees in other positions received pay raises during plaintiff’s tenure with the S.H.A. The plaintiff, however, could not testify as to whether such raises were warranted, since she had never performed such employees’ duties. Also, at least one male employee’s duties were reduced during the time period at issue without a corresponding decrease in pay, a managerial decision about which plaintiff likewise could not provide persuasive testimony in her favor since she was unfamiliar with such employee’s daily duties. Salaries of other males were reduced when their duties were reduced as, for example, the salaries of George Guman and Robert Hargus.

(6) On January 27, 1982, plaintiff filed a charge with the CCHRO and simultaneously with the EEOC alleging sex discrimination in the terms and conditions of her employment by denying her equal pay for equal work. Plaintiff’s Exhibit # 1. The EEOC on June 25, 1982 issued plaintiff a notice of right to sue, having concluded that no reasonable cause was found to he[231] lieve that the allegations made in her charge were true. Plaintiffs Exhibit # 3. Plaintiff filed another charge on September 15,1982, alleging defendant terminated her employment in retaliation for her having filed an unfair labor practice complaint. On July 12, 1983, the EEOC notified plaintiff of her right to sue on that charge without addressing the merits of her claim. Plaintiffs Exhibit # 4.

(7) At a meeting of the Board of Commissioners on February 16, 1982, after the Board had received plaintiffs January 27, 1982 complaint, one commissioner remarked that if he had sent such a letter to his supervisor, he would have fired him. The Board of Commissioners, however, never voted to terminate the plaintiffs employment.

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Leveen v. Stratford Housing Authority, 629 F. Supp. 228, 42 Fair Empl. Prac. Cas. (BNA) 1685, 1986 U.S. Dist. LEXIS 30513 (D. Conn. 1986).

629 F. Supp. 228 (Leveen v. Stratford Housing Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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