Roberson v. University of Tennessee

829 S.W.2d 149, 1992 Tenn. App. LEXIS 36, 64 Fair Empl. Prac. Cas. (BNA) 996
CourtCourt of Appeals of Tennessee
DecidedJanuary 15, 1992
StatusPublished
Cited by15 cases

This text of 829 S.W.2d 149 (Roberson v. University of Tennessee) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roberson v. University of Tennessee, 829 S.W.2d 149, 1992 Tenn. App. LEXIS 36, 64 Fair Empl. Prac. Cas. (BNA) 996 (Tenn. Ct. App. 1992).

Opinion

OPINION

FRANKS, Judge.

Plaintiff has been employed by defendant’s Agricultural Extension Service since 1980. She was eligible for a raise and promotion in 1986, and when she learned that she had not been promoted and her coworker Richard Skillington who also had been hired as an assistant agent in 1979 was promoted, plaintiff filed an EEOC charge. Subsequently, on April 10, 1987, she brought this action for sex discrimination under the Equal Pay Act and the Tennessee Human Rights Act and alleged defendant had retaliated against her for filing the EEOC charge. After a lengthy jury trial, plaintiff was awarded a judgment of $13,600.00 on her discrimination claim and $50,000.00 on her retaliation claim. In a memorandum opinion concurring with the jury verdict, the Trial Judge said that a reasonable juror could have found the way plaintiff’s evaluation scores were calculated was discriminatory. He added, there was “abundant” circumstantial evidence of retaliation. The Chancellor, upon consideration of the claim for attorneys’ fees, pursuant to the criteria imposed by United Medical Corporation v. Hohenwald, 703 S.W.2d 133 (Tenn.1986), awarded attorneys’ fees and expenses in the amount of $26,000.00. Defendant has appealed the judgment and plaintiff’s attorneys have appealed the award of attorneys’ fees.

There is material evidence that defendant discriminated against plaintiff on the basis of sex, and retaliated for her filing an EEOC charge.

Both the Tennessee Human Rights Act, Tennessee Code Annotated § 4-21-401, and the Equal Pay Act, 29 U.S.C. § 206(d)(1) prohibit sexual discrimination in employment. The Tennessee Human Rights Act provides in pertinent part:

“4-21-401. Employer Practices. — (a) It is a discriminatory practice for an employer:
(1) To fail or refuse to hire or discharge any person or otherwise to discriminate against an individual with respect to compensation, terms, conditions or privileges of employment because of such individual’s race, creed, color, religion, sex, age or national origin; ...”

The Equal Pay Act provides:

[151]*151“Prohibition of sex discrimination
(d)(1) No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex: Provided, That an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee.”

The U.S. Sixth Circuit Court has long applied the Title VII discrimination analysis to claims arising under the Equal Pay Act. See Korte v. Diemer, 909 F.2d 954, 957 (6th Cir.1990) citing Odomes v. Nucare, Inc., 653 F.2d 246 (6th Cir.1981). Initially, plaintiff must establish the employer pays different wages to employees of the opposite sex for comparable jobs. The burden then shifts to the employer to show that the differential is justified under one of the Act’s four exemptions, 909 F.2d at 957, citing Corning Glass Works v. Brennan, 417 U.S. 188, 195, 94 S.Ct. 2223, 2228, 41 L.Ed.2d 1 (1974).

In this case, the employer argues there is no material evidence to support the verdict and that its management by objective (MBO) system evaluation was based strictly on merit.

It is not seriously contended that plaintiff did not make out a prima facie case, because Skillington, the male employee who did comparable work, earned more money and received promotion in the year he was eligible. The focal point is whether defendant’s failure to promote plaintiff was based on lack of merit or on the basis of her sex. The material evidence supporting the jury’s verdict is that plaintiff’s MBO scores were adjusted downward without her knowledge after she had signed off on them, but before they were submitted to the Dean who had ultimate authority to make pay and promotion decisions about extension agents. Since the Dean did not know plaintiff personally, he had no way of knowing whether the scores appeared unreasonably low, but defendant places much emphasis on the objectivity of the MBO score in its argument. However, it is the way scores were calculated that cast doubt about whether the scores reflected plaintiff’s performance. The MBO scores fall between 1 and 5, and newcomers typically receive average rating in the 3 range. Agents who aspire to promotions earn ratings in the 4 range and no agent can receive more than a 5. In plaintiff’s case, her early years’ scoring was in the 3 range, but beginning in 1984 her original MBO scores were 4s. However, unknown to her, they were adjusted downward to 3.

At the time plaintiff inquired why her peer earned more money than she, defendant’s management provided contradictory answers. First, her manager denied that Skillington made more money, then plaintiff was told that Skillington made more money because he was a man with a family to support. Finally the Dean sent plaintiff a letter advising the relatively low MBO scores and her failure to take extra course work had kept her from receiving a raise and promotion. Merit was but one of the defendant’s three explanations for the distinction made between the agents, and the jury was the judge of this fact issue.

Both agents had generated complaints during their decade-long tenure. For example, plaintiff was criticized for having an unlisted telephone number, which made her less accessible to 4-H parents, and for failing to chaperone a group properly in 1981. Her supervisors praised her creativity and office decor, while they bemoaned her “fierce independence” and an allegedly abrasive personal style. According to her supervisors, such criticisms as these kept [152]*152plaintiffs MBO scores low, but complaints against Skillington for serious infractions did not weigh against him. When Skilling-ton got into a fist fight with someone at the county fair, a supervisor remarked that his opponent “probably deserved it”. A local paper accused Skillington of cheating in a food contest at the fair. When a minister whose son was in Skillington’s 4-H club complained about Skillington’s performance by letter, and withdrew his son from 4-H in protest, nothing was done. Reasonable jurors could conclude that complaints about Roberson weighed more heavily than complaints about Skillington because of her sex.

There was also evidence that plaintiff was a better employee than her MBO scores indicated.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mitch Goree v. United Parcel Service, Inc.
490 S.W.3d 413 (Court of Appeals of Tennessee, 2015)
Larry Sneed v. The City of Red Bank, Tennessee
459 S.W.3d 17 (Tennessee Supreme Court, 2014)
Riley v. Whybrew
185 S.W.3d 393 (Court of Appeals of Tennessee, 2005)
Wilson v. Rubin
104 S.W.3d 39 (Court of Appeals of Tennessee, 2002)
Estate of Amos v. Vanderbilt University
62 S.W.3d 133 (Tennessee Supreme Court, 2001)
Harper v. BP Exploration & Oil, Inc.
3 F. App'x 204 (Sixth Circuit, 2001)
Dan Wilson v. Lawrence Rubin
Court of Appeals of Tennessee, 1999
Evelene v. Stein v. Davidson Hotel Company
Court of Appeals of Tennessee, 1996
Wilkinson v. Sally Beauty Co., Inc.
896 F. Supp. 741 (M.D. Tennessee, 1995)
England v. Fleetguard, Inc.
878 F. Supp. 1058 (M.D. Tennessee, 1995)
Boyd v. Tennessee State University
848 F. Supp. 111 (M.D. Tennessee, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
829 S.W.2d 149, 1992 Tenn. App. LEXIS 36, 64 Fair Empl. Prac. Cas. (BNA) 996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberson-v-university-of-tennessee-tennctapp-1992.