Royal v. Bethlehem Steel Corp.

636 F. Supp. 833, 41 Fair Empl. Prac. Cas. (BNA) 27, 1986 U.S. Dist. LEXIS 24300, 41 Empl. Prac. Dec. (CCH) 36,615
CourtDistrict Court, E.D. Texas
DecidedJune 12, 1986
DocketCiv. A. No. B-85-1156-CA
StatusPublished

This text of 636 F. Supp. 833 (Royal v. Bethlehem Steel Corp.) is published on Counsel Stack Legal Research, covering District Court, E.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Royal v. Bethlehem Steel Corp., 636 F. Supp. 833, 41 Fair Empl. Prac. Cas. (BNA) 27, 1986 U.S. Dist. LEXIS 24300, 41 Empl. Prac. Dec. (CCH) 36,615 (E.D. Tex. 1986).

Opinion

MEMORANDUM OPINION

COBB, District Judge.

Plaintiff James Royal, a black male employee of Bethlehem Steel Corporation, sued his employer under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2, et seq., as amended, and the Civil Rights Act of 1866, 42 U.S.C. § 1981.

The plaintiff was first employed by the defendant on April 3, 1972, as an outside machinist in the maintenance department. He was promoted to leaderman October 20, 1980, and eventually promoted to the position of quarterman (foreman) in the maintenance department on November 11, 1982, assigned to the second or evening shift. The plaintiff held the position of quarter-man at the times of the events material to this lawsuit.

In the spring of 1984, Bethlehem purchased an extremely large floating drydock originally constructed by the United States Navy during World War II, originally designed to be transported to various locations in the Pacific Ocean to drydock warships for repairs and maintenance which may have been needed during that conflict. The conclusion of World War II ended the actual use of the drydock (built in several sections), and it remained for over thirty-five years in Pearl Harbor, Hawaii, in a “mothballed” state.

Bethlehem made its business decision to purchase the drydock, make it ready for the long sea voyage from Pearl Harbor to Port Arthur, Texas, where Bethlehem fore[835]*835saw a useful market for the services of the drydock.

In August 1984, Frank Richardson, a plant engineer for the defendant, and plaintiffs superior, was assigned the duty of selecting a crew of ten to twelve men to go to Hawaii to recondition the large drydock purchased from the Navy. The crew finally selected by Richardson, all white male Caucasians, made two trips, the first from September 1,1984, to October 12,1984, and the second, October 29, 1984, to December 8, 1984. The plaintiff was selected for neither crew, although he contends he timely applied to be selected as a member of the crew selected for such trips and was qualified to perform the required duties in a satisfactory manner. The plaintiff argues the selection decision was made on an impermissible basis, i.e., his race.

The defendant paid all expenses of the crew to Hawaii, and arranged and paid for hotel living quarters and meals for all included in the two crews while on such detached duty. The defendant also agreed to pay for all expenses for a one-week trip to Hawaii for each crew member’s wife during the detached duty. Thus, harmony between all of those selected to make the two trips was an element involved in defendant’s final selection.

The plaintiff contended, and the defendant agreed, that due to the length of the job in Hawaii and the amount of work to be done, there was a strong probability a substantial amount of overtime work would be required, thus all of those selected would receive extra pay, well in excess of the amount earned by defendant’s employees not selected and who remained at their regular jobs in Texas during the same period of time.

A three-day trial on the merits was held and “when a Title VII case has been fully tried on its merits, the appropriate inquiry for the federal courts is not whether the plaintiff has made out a prima facie case but whether the defendant has discriminated unlawfully against the plaintiff.” Barnes v. Yellow Freight Systems, Inc., 778 F.2d 1096, 1100 (5th Cir.1985), and U.S. Postal Service Board of Governors v. Aikens, 460 U.S. 711, 103 S.Ct. 1478, 75 L.Ed.2d 403 (1983). Thus, this court holds that where a defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, whether the plaintiff in fact did so is no longer relevant. Barnes, supra at 1100. The central inquiry then is whether the defendant intentionally discriminated against the plaintiff.

As stated in Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 707 (1981), the plaintiff retains the ultimate burden of persuading the court by a preponderance of the evidence that the defendant intentionally discriminated against the plaintiff on the basis of race. The plaintiff may meet this burden either directly, by persuading the court that a discriminatory reason more likely motivated the employer, or indirectly by showing that the employer’s proffered explanation is unworthy of credence. Burdine, 450 U.S. 248 at 256, 101 S.Ct. 1089 at 1095.

The court must decide which party’s explanation of the employer’s motivation which it finds most credible. Aikens, supra.

“Often motivation and intent can only be proved through circumstantial evidence; determinations regarding motivation and intent depend on complicated inferences from the evidence and are therefore peculiarly within the province of the fact finder.”

Thornbrough v. Columbus and Greenville Railroad Co., 760 F.2d 633 (5th Cir.1985).

The plaintiff asserts that he has met his ultimate burden for the following reasons:

(1) A white non-salaried employee, to whom the plaintiff was senior, both as to tenure and job category, was temporarily promoted to the salaried position of quarterman (foreman) two times in order to qualify for the Hawaiian assignment, while at the same time the plaintiff had been promoted to and remained a quarterman at the defendant’s plant for two years prior to [836]*836the selection of the crew to go to the Hawaii job. The white employee was demoted to his old job upon his return from both trips to work on the drydock.

(2) That the defendant intentionally failed to fully investigate fully the plaintiffs qualifications.

In rebuttal, the defendant asserts two “legitimate nondiscriminatory reasons” for sending all white crews sent to Hawaii on two occasions to make the drydock ready for its voyage to Beaumont, Texas:

(1) That the plaintiff was not adequately qualified to be considered for inclusion in the crew.

(2) That during the time the plaintiff remained in Beaumont, he would gain experience needed to further his career with the defendant, working as a quarterman on the day shift instead of his regular assignment to the night shift, and such experience would not easily be gained in the position of night shift quarterman.

The plaintiff contends that the defendant’s offered excuses are pretextual and offered by the defendant in an attempt to conceal and excuse its act of discrimination against the plaintiff. The. court agrees.

It was the purpose of the crew to make ready the sections of the drydock for transport from Hawaii to Beaumont.

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636 F. Supp. 833, 41 Fair Empl. Prac. Cas. (BNA) 27, 1986 U.S. Dist. LEXIS 24300, 41 Empl. Prac. Dec. (CCH) 36,615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/royal-v-bethlehem-steel-corp-txed-1986.