Melanson v. Rantoul

536 F. Supp. 271, 32 Fair Empl. Prac. Cas. (BNA) 1025, 26 Wage & Hour Cas. (BNA) 551, 1982 U.S. Dist. LEXIS 11452, 29 Empl. Prac. Dec. (CCH) 32,898
CourtDistrict Court, D. Rhode Island
DecidedMarch 17, 1982
DocketCiv. A. 75-0036
StatusPublished
Cited by23 cases

This text of 536 F. Supp. 271 (Melanson v. Rantoul) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Melanson v. Rantoul, 536 F. Supp. 271, 32 Fair Empl. Prac. Cas. (BNA) 1025, 26 Wage & Hour Cas. (BNA) 551, 1982 U.S. Dist. LEXIS 11452, 29 Empl. Prac. Dec. (CCH) 32,898 (D.R.I. 1982).

Opinion

OPINION

PETTINE, Chief Judge.

The plaintiff alleges she has been the subject of sex discrimination under Title VII, 42 U.S.C. § 2000e et seq. and violations of the Equal Pay Act, 29 U.S.C. § 206(d). In her post trial memorandum she invokes for the first time the additional theory of retaliatory employment practices directed against her in violation of 42 U.S.C. § 2000e-3.

Sublime simplicity is not a hallmark of the factual setting of this case and the plaintiff’s statement that facts related to certain of the plaintiff’s claims “do not lend themselves to chronological presentation” is in the main true. It is also true that there is much chaff mixed with the grain. Consequently, the Court apologizes for any prolixity in its findings of fact which may have resulted.

The plaintiff graduated from Syracuse University cum laude in 1960; she was awarded a Bachelor of Fine Arts degree. Following this she attended the defendants’ school and received a Master of Fine Arts degree in 1962. Her employment at the Rhode Island School of Design started in 1960 as a graduate assistant and has continued to date uninterruptedly. She has advanced successively from an instructor in Nature Drawing to her appointment as an Assistant Professor in 1967 and then to Associate Professor in 1971. Throughout her career she has served on numerous academic and civic committees.

The plaintiff contends that because of her sex, she:

1. received a salary less than that received by male counterparts;

2. failed to receive promotion to full rank of professorship;

3. was denied appointment as chairperson of Freshman Foundation;

4. was not granted sabbatical leave in 1971 and 1979;

5. was denied appointment to the position of head of the new drawing department within the Freshman Foundation in 1971;

6. was denied appointment to the head of the nature program in July 1973;

7. was “exiled” from the Freshman Foundation staff by being removed from the roster of the Freshman Foundation faculty and given a heavier teaching load than her colleagues; she was assigned to teach courses in the Illustration Department; this was in retaliation for the commencement of her legal actions against RISD;

*276 8. was precluded from membership on certain “important” faculty committees such as the Committee on Faculty Appointments; and

9. was denied tenure.

Each alleged incident will be discussed separately. With the agreement of the parties, the Court has incorporated into this case some of the evidence presented in Myrna Lamb v. Talbout Rantoul, et al., 538 F.Supp. 34 (D.R.I.1981), an analogous case against the same defendants.

Denial of Appointment as Chairman of the Freshman Foundation

The Freshman Foundation is a program which teaches figure drawing, two and three dimensional design, nature drawing, and certain other subjects to first year students at RISD. In April of 1973 a chairman was appointed for the department. It appears that Professor Melanson applied for that chairmanship, but a male, John Udvardy, was selected instead of her. The facts leading to this appointment start in September of 1972 when a search committee was formed. The plaintiff was invited to be a member of this committee but she refused because it would disqualify her as an applicant for the job. She told the Dean of the College, Donald Lay, of this aspiration. His reaction was one of surprise because, “after all” she was the “mother of two children and a wife.” Mrs. Melanson’s reaction was that the Dean’s comment was an irrelevant non sequitur inasmuch as her role as a wife and mother had never interfered with her school responsibilities. Indeed, there was uncontradicted testimony that she always carried a full load of fifteen studio hours of teaching and in 1970 taught a double load for no extra pay. On November 15, 1972 she filed her application with the chairman of the search committee which had been formed. There were sixty candidates, twelve of whom were women and four of whom were black males.

Qualifications for the position were reputation and ability as an artist, administrative experience or promise, and the ability to work with and direct people. Another consideration, though not overriding, was the advantage of hiring a candidate from outside RISD to start “a fresh new program.” (Tr. II pp. 63-64).

The committee made a special effort to attract black and female applicants. Some women on the faculty were asked if they were interested and the same was true as to at least one black teacher. In addition, the college advertised “that [it was] interested especially in candidacies of women and minority groups.” The wide scope of this advertising was not questioned.

In due time Mrs. Melanson was interviewed as was John Udvardy. In all approximately twelve candidates were seen by the committee. The plaintiff points out, and the defendants do not dispute, that prior to making its decision, the search committee arranged a party for John Udvardy at the President’s house. This was done so that all members of the Freshman Foundation “could get to know him better.” The plaintiff was invited to this party as a faculty member and not as a candidate. It must be noted that John Udvardy was not a member of the school’s faculty; at the time he was teaching at Brown University. A similar party was also given for another applicant, Mrs. Rockwell, who was also a candidate from outside the faculty. There were five preliminary finalists, Udvardy, Rockwell, David Brisson, Gerry Immonen and the plaintiff. Brisson and Immonen were professors at RISD. From this list Udvardy and Rockwell emerged as the finalists.

In April the school advised that the appointment would go to an “outsider.” Udvardy was then selected by the committee and his name was sent to the faculty of the Freshman Foundation, which consisted of fifteen males and two women, who voted for his appointment. Udvardy was then named Chairman in April 1973. Specifically the defendants articulate the following 5 reasons for Udvardy’s selection over the plaintiff: — a) strong recommendation from Udvardy’s previous employer (Brown University); b) his qualifications as an artist; c) his promise as an administrator; d) the perception of the search committee that he *277 could run the division effectively; e) the search committee’s belief that it would be advantageous to have someone outside RISD to chair the division.

In 1977 a new chairman of the Freshman Foundation, Earl Powell, was appointed. The plaintiff significantly emphasizes the evidence showing that this appointment was made without a search committee or advertising; that Powell had been at the defendant school in the Freshman Foundation since 1975 and was an assistant Professor; that he was proposed for the job by Udvardy, and no vote was taken by the faculty; and that applicants were limited to the faculty of the Freshman Foundation.

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Bluebook (online)
536 F. Supp. 271, 32 Fair Empl. Prac. Cas. (BNA) 1025, 26 Wage & Hour Cas. (BNA) 551, 1982 U.S. Dist. LEXIS 11452, 29 Empl. Prac. Dec. (CCH) 32,898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melanson-v-rantoul-rid-1982.