Lombard v. School District

463 F. Supp. 566, 1978 U.S. Dist. LEXIS 7128, 19 Empl. Prac. Dec. (CCH) 9101, 19 Fair Empl. Prac. Cas. (BNA) 72
CourtDistrict Court, W.D. Pennsylvania
DecidedDecember 20, 1978
DocketCiv. A. Nos. 76-172 Erie, 76-173 Erie
StatusPublished
Cited by1 cases

This text of 463 F. Supp. 566 (Lombard v. School District) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lombard v. School District, 463 F. Supp. 566, 1978 U.S. Dist. LEXIS 7128, 19 Empl. Prac. Dec. (CCH) 9101, 19 Fair Empl. Prac. Cas. (BNA) 72 (W.D. Pa. 1978).

Opinion

OPINION

WEBER, Chief Judge.

The Plaintiffs in these related cases are female teachers who brought suit against the School District of the City of Erie, members of the Board of Education of Erie, and Richard Hilinski, superintendent of the Erie School District on grounds of sex discrimination. Their claims are based on Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2 which prohibits discrimination in hiring and promotional practices on the basis of sex and under 42 U.S.C. § 2000e-3 which prohibits retaliation against employees who have charged that their employers have discriminated against them on the basis of sex.

The School District has employed Plaintiff Donna Rutherford as a school teacher since 1968. Rutherford was certified to serve as an elementary school principal in June 1975 and as a secondary school principal in February 1975. Since her certification as a secondary school principal, Rutherford has sought to deepen her experience and to improve her credentials for a permanent principalship by serving as a substitute principal. Shortly after she was certified as a secondary school principal, Rutherford served as a substitute principal at Wilson Jr. High School from March 10 to June 31, 1975. In August 1975, Rutherford unsuc[569]*569cessfully applied for a permanent position as a secondary school principal. The three available positions were given to three males,1 each of whom had been certified as a principal for a period of time longer than that of Rutherford.2

Rutherford contends that those eventually appointed received longer interviews than she did. Andrew Paykos, Assistant Supervisor of Schools, explained that Rutherford’s interview was shorter because her qualifications and interest were already known. Rutherford testified that Richard Hilinski, the Superintendent of Schools, told her that she was not appointed because the “School Board would never approve a woman”; Hilinski testified, however, that he never made such a statement because he was well aware of the legal consequences, having faced considerable teachers’ grievance litigation in the past.

The interviewing team submits reports of its meeting with candidates to the Superintendent of Schools, who then recommends one of the candidates to the School Board which makes the final decision to hire or not to hire. The Superintendent’s recommendation is given great weight. Mr. Hilinski testified that his recommendations to the Board were based upon the following factors, not necessarily set out in their order of importance: interview results; seniority within the District, his own subjective or professional evaluation of the candidates, oral or written evaluations of the candidate, and on the candidate’s performances in other administrative positions. Hilinski testified that the three candidates who had received principalships in August 1975 had compiled in his view commendable records of substantial experience as school administrators and that it was his professional evaluation of these men, and not sex bias against Plaintiff Rutherford, which led to their appointment. Hilinski acknowledged that Rutherford was one of several competent, qualified candidates for the position.

After learning that she would not receive one of the August 1975 appointments, Rutherford filed a charge with the Pennsylvania Human Relations Commission and the Equal Employment Opportunity Commission. Alleging retaliation, Rutherford contends that the Board did not select her to substitute as a second school principal during the 1975-1976 academic year. Rutherford served as a substitute principal for one semester during the 1976-1977 academic year and for 36 days during the 1977-1978 academic year.

In August 1976 Rutherford applied for one of two open positions as a reading specialist. Rutherford contends these positions were eventually given to two other women out of retaliation against her for filing a sex discrimination action against the School District. Rutherford testified, however, that she was told that she was not appointed because it was anticipated that she would receive an administrative assignment in the near future. During the 1976-1977 school year, Rutherford was appointed to serve as Assistant Principal at Strong Vincent High School for the entire spring semester.

Plaintiff Verna Lombard is a fifth grade teacher with about 20 years teaching experience. Lombard was certified as an elementary school principal in September 1973. In June 1975, Lombard served as an acting [570]*570principal at Jones Elementary School for less than one week, but was interested in serving permanently as principal. The permanent assignment went to a male whose qualifications and teaching experience, she contends, were less than hers. Lombard indicated in her Complaint that she was told that her replacement “had applied pressure and wanted more money,” Complaint, ¶4(0).

Lombard filed charges of sex discrimination. In the 1975-1976 school year, she was asked to substitute for 25 days as an acting principal. She substituted as acting principal for 31 days in 1974-1975, and for several months in 1976-1977.

Plaintiff Rutherford contends that the Defendants’ actions give rise to three counts of sex discrimination:

1) sex discrimination in regard to the August 1975 appointments:

2) retaliation for her charges of sex discrimination by reducing her time as substitute principal in 1975-1976; and

3) the appointment of others to the reading specialist positions in August 1976.

Plaintiff Lombard contends that the Defendants’ actions give rise to two counts of discrimination:

1) sex discrimination in the denial of a permanent appointment at Jones School in August 1975; and

2) retaliation for her charges of sex discrimination by reducing her time as substitute principal in 1975-1976.

Before examining each of these allegations in light of the evidence adduced at trial, the Court believes that a brief discussion of the rapidly changing law in this area would help to clarify the real issues at stake in this litigation. The law provides a special analytical framework for evaluating a plaintiff’s claim of racial or sex discrimination. First, the plaintiff must meet the jurisdictional prerequisites under Title VII by filing charges with the EEOC and by receiving the Commission’s statutory notice of the right to sue. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Second, the plaintiff must demonstrate a prima facie ease of the fact of discrimination which does not necessarily entail proof of intent to discriminate or any animus toward members of a particular race or gender. This showing is commonly made by a statistical presentation showing a disproportionate racial or sex imbalance, see e. g., United States v. Intern. Assn, of Elevator Constructors, 538 F.2d 1012, 1015 (3d Cir. 1976), but may also be made by showing that according to some objective criteria, like length of experience, the plaintiff is clearly more qualified than others, see, e. g., United States v. Wattsburg Area School District, 429 F.Supp.

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463 F. Supp. 566, 1978 U.S. Dist. LEXIS 7128, 19 Empl. Prac. Dec. (CCH) 9101, 19 Fair Empl. Prac. Cas. (BNA) 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lombard-v-school-district-pawd-1978.