McFadden v. KSD/KSD-TV, Inc.

511 F. Supp. 241, 29 Fair Empl. Prac. Cas. (BNA) 1452, 1981 U.S. Dist. LEXIS 11424
CourtDistrict Court, E.D. Missouri
DecidedMarch 9, 1981
DocketNo. 78-502C(2)
StatusPublished
Cited by1 cases

This text of 511 F. Supp. 241 (McFadden v. KSD/KSD-TV, Inc.) 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
McFadden v. KSD/KSD-TV, Inc., 511 F. Supp. 241, 29 Fair Empl. Prac. Cas. (BNA) 1452, 1981 U.S. Dist. LEXIS 11424 (E.D. Mo. 1981).

Opinion

MEMORANDUM

NANGLE, District Judge.

This case is now before the Court for decision upon the merits. Plaintiff brought this suit pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., claiming that defendant’s decision not to hire her was due to her sex. She seeks a declaratory judgment to that effect, together with back pay, attorneys’ fees, and costs.

This case was tried before the Court sitting without a jury. This Court, having considered the pleadings, the testimony of the witnesses, and the depositions and exhibits in evidence, and being fully advised [242]*242in 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

Plaintiff is a white female and is presently employed as a broadcast technician by CBS, Inc. in New York, New York. At the times pertinent hereto, she resided in St. Louis, Missouri. Defendant KSD/KSD-TV, Inc., at the times pertinent hereto, owned and operated a radio station and a television station in the St. Louis metropolitan area. Defendant employed more than twenty-five persons at these times, and was an employer within the meaning of 42 U.S.C. § 2000e(b).

In February, 1975, plaintiff submitted an application for full-time employment to defendant. She sought a position as a broadcast engineer. Plaintiff had been interested in this area for the past few years, and had gained some experience in the field. She was a member of Local 4 of the International Brotherhood of Electrical Workers (“IBEW”), the collective bargaining agent for defendant’s broadcast engineers.

Plaintiff had attended Elkins Institute, a technical school, in 1973 in order to obtain a first-class broadcast license. Though such a license was not necessarily an indication of the holder’s qualifications for the position of broadcast engineer, the collective bargaining agreement between defendant and IBEW required that all broadcast engineers hired by defendant either have such a license or obtain one within one year of hiring. Defendant did not consider the holding of such a license significant.

Plaintiff had previously been employed for approximately one year at KETC-TV, a local educational television station. Her duties at the station included the performance of various technical tasks similar to that done by defendant’s engineers, and involved work with equipment similar to that used at defendant’s stations. Plaintiff also worked at KDNL-TV for approximately sixty days in early 1975. Her employment at this station was terminated due to inadequate job performance. There is no indication that defendant was aware of this termination at the times it was considering hiring plaintiff.

The agreement between IBEW and local radio and television stations provided for the temporary employment of “extra board” employees. Such employees were hired through the union to replace workers who were temporarily absent, due to illness, vacation or other such reasons. To be eligible for such employment, the prospective employee had to have been familiar with the stations’ equipment. To this end, prospective employees were allowed to train on the stations’ equipment. Such employees would observe the stations’ personnel operate the equipment and would occasionally be allowed to run the equipment themselves. They were not paid in such training sessions.

Plaintiff had previously trained at several radio stations in the St. Louis area, including KSD. Plaintiff was first brought to KSD by her father, who was a broadcast engineer there. At the time plaintiff filed her application for full-time employment with defendant, she was qualified to perform work on the “extra board,” though she had not yet done so at defendant’s stations. She had performed such work at other local stations. This Court must also conclude, though the evidence is less clear on this point, that she was qualified for full-time employment with defendant. Though she may have been slightly inexperienced at this time, she was no more so than most other new employees, and could have met the demands of the job with the normal assistance afforded newcomers.

In May or June, 1975, an opening occurred at defendant for a full-time broadcast engineer. A white male, Frank Accarino, who had worked at KSD for approximately six months off the extra board, was hired. Plaintiff makes no claim that she was discriminated against in the decision to hire Accarino.

Plaintiff was interviewed at this time by J. E. Risk, defendant’s Chief Engineer and [243]*243the person in charge of hiring. Risk had seen plaintiff at the station previously while she was training, and was familiar with her and her work. Plaintiff had concentrated her training in the radio field, in which she was more interested. Risk expressed concern about this and advised her to become familiar with the television side of the business, since engineers were normally required to work on both types of equipment. Plaintiff did not heed this suggestion.

A second full-time position opened up in the summer of 1975, and plaintiff was so advised by her father. This position involved primarily work in the television field. Plaintiff asked to be interviewed again by Risk. Risk felt a second interview was unnecessary since he had just interviewed her a few months earlier.

Following customary procedure, Risk made inquiries with acquaintances in the industry and at local schools about possible candidates for the open position. A professor at Southern Illinois University at Carbondale highly recommended Mr. Eugene Stamps, who was to shortly receive his bachelor’s degree in electronics. Stamps had an excellent academic and work record. He has worked extensively with the university television station. He also had previous engineering experience in the military and at a Chicago radio station. Stamps did not possess a first-class broadcast license at this time, but he expressed a willingness to obtain one and, in fact, did obtain such a license within one year of his hire by defendant, as specified in the collective bargaining agreement. Another positive factor with respect to Stamps was the fact that he was black. Defendant was actively attempting to find qualified minority employees.

Stamps came to St. Louis for an interview at the station. He was impressive in the interview and the decision was made at that time to hire him.

Plaintiff was among seventy or so other persons who had applications on file with defendant at the time. Of this number, only a few were female, and plaintiff was the only female in the area actively seeking employment as a broadcast engineer at that time. Defendant had not previously employed any females in the position of broadcast engineer.

Risk honestly believed that Stamps was the most qualified person for the job. He also believed that plaintiff needed more experience before she was ready for full-time employment as a broadcast engineer.

Stamps undoubtedly was qualified for the position. Though plaintiff was also qualified, this Court can not say that she was clearly more so than Stamps, or if, in fact, she was even as qualified.

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Related

McFadden v. Ksd/ksd-Tv, Inc
676 F.2d 703 (Eighth Circuit, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
511 F. Supp. 241, 29 Fair Empl. Prac. Cas. (BNA) 1452, 1981 U.S. Dist. LEXIS 11424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcfadden-v-ksdksd-tv-inc-moed-1981.