Satz v. ITT Financial Corp.

464 F. Supp. 284, 22 Fair Empl. Prac. Cas. (BNA) 926, 1979 U.S. Dist. LEXIS 14853
CourtDistrict Court, E.D. Missouri
DecidedJanuary 25, 1979
DocketNo. 78-630C(2)
StatusPublished
Cited by2 cases

This text of 464 F. Supp. 284 (Satz v. ITT Financial Corp.) 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
Satz v. ITT Financial Corp., 464 F. Supp. 284, 22 Fair Empl. Prac. Cas. (BNA) 926, 1979 U.S. Dist. LEXIS 14853 (E.D. Mo. 1979).

Opinion

MEMORANDUM

WANGELIN, District Judge.

This matter is before the Court upon defendant’s motion for summary judgment. This motion is more properly cognizable as a motion to dismiss for lack of subject matter jurisdiction, as per Rule 12(b)(1) of the Federal Rules of Civil Procedure, and will be considered as such by this Court.

Defendant contends that this Court is without jurisdiction to hear plaintiff’s claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5 et seq., since plaintiff did not file charges of employment discrimination with the Equal Employment Opportunity Commission (EEOC) within one hundred and eighty days (180) after the alleged discriminatory acts had taken place. Timely filing under 42 U.S.C. § 2000e-5(e) is a jurisdictional prerequisite to court action. United Air Lines, Inc. v. Evans, 431 U.S. 553, 555 n. 4, 97 S.Ct. 1885, 52 L.Ed.2d 571 (1977); Greene v. Carter Carburetor Co., 532 F.2d 125 (8th Cir. 1976).

[285]*285Plaintiff’s charge of sex discrimination was filed with the EEOC on August 18, 1977. Plaintiff’s complaint charges defendant with the discriminatory maintenance of predominately male supervisory personnel, discriminatory compensation in the form of wages and fringe benefits paid to male personnel, failing to fairly weigh qualifications of female personnel, and failing to afford females the same job opportunities forming the basis for advancement and increased pay.

On October 23,1978, plaintiff’s deposition was taken by defendant. With respect to the allegations of discrimination contained within her complaint, plaintiff testified as follows:

Q: Other than what you have testified to about Michel and Seaver, do you claim that you have been discriminated against with respect to promotion on account of your sex?
A: Yes, I do.
Q: What instances do you claim have been discriminatory on account of your sex with regard to promotion?
A: This is with Michel and Seaver?
Q: Excluding them.
A: No, I would say no.
Q: Excluding Michel and Seaver, again, do you feel that you have been discriminated against in opportunities for training?
A: No.
Q: Excluding those two individuals again, do you feel you have been discriminated against with respect to wages in any way?
A: No.
Q: Excluding Michel and Seaver again, do you feel you have been discriminated against with respect to fringe benefits?
A: No.
Q: Any other compensation or other benefits of employment, excluding those two individuals?
A: No.
Q: As I see it then, am I correct that your complaint against ITT in this instance is basically with regard to the company’s treatment of Michel and Seaver as opposed to you; is that correct?
A: Yes.
Q: Any other thing that you have been discriminated against other than with regard to Michel and Seaver?
A: Would the fact—
MR. KENNEDY: Just try to answer his question.
A: I would say no.

(Note, throughout deposition, Michal spelled “Michel” and Seiver spelled “Seaver”).

Plaintiff’s allegations of continuing discrimination against other women employed by defendant are unsupported by plaintiff’s own testimony. Further, plaintiff’s deposition shows quite clearly that her allegations of discrimination relate only to defendant’s failure to give her the position ultimately filled by Mr. Seiver, the position ultimately filled by Mr. Michal, or pay equal to that received by Mr. Michal. The record is devoid of evidence upon which plaintiff might rely to proceed on a disparate impact theory.

Mr. Seiver was hired on January 1, 1976, as a result of a change in company policies instituting a direct sales program. Prior to defendant’s hiring of Mr. Seiver, plaintiff had been primarily responsible for defendant’s “indirect” sale of commercial paper through a brokerage house, although plaintiff’s decisions were subject to approval by her immediate superior. After Mr. Seiver was hired, defendant continued some indirect sales through the brokerage house as the program of direct sales became operative. Plaintiff concedes that “[tjoward the end of 1976” the broker sales of commercial paper was entirely terminated. During this period plaintiff was given additional responsibilities in other areas, and worked in the direct sale area of commercial paper when Mr. Seiver was away. Plaintiff did not, however, make any direct sales of commercial paper when Mr. Seiver was away from the office calling on customers.

Plaintiff was informed of the defendant’s intention to go to direct sales of commercial [286]*286paper “late in 1975”, and was informed that someone would be hired as a salesman. When plaintiff complained to Mr. Gerard in June of 1977 (at least 18 months after Mr. Seiver was hired) she stated that she should have been considered for Mr. Seiver’s job. Plaintiff did not, however, apply for the position filled by Mr. Seiver.

Q: Did you ever tell anyone prior to Mr. Seaver coming on board that you desired to move into a different position?
A: No . . .
Q: Did you ever indicate to anyone that you desired the position that Mr. Seaver ultimately filled?
A: Yes . . . Mr. Appleman .
In 1977.

Normally, in the context of a discriminatory failure to promote or hire into an elevated position, the point in time at which the discriminatory act is said to occur, and thus when the one hundred and eighty (180) day period begins to run, is when the position in question is filled (and by logical extension when the promotion is de facto denied). Egelston v. State University College at Genesco, 535 F.2d 752, 755 (2nd Cir. 1976); Gates v. Georgia-Pacific Corporation, 492 F.2d 292, 294-295 (9th Cir. 1974).

Here, however, it is evident that plaintiff did not apply for the newly created position, nor did she even make her interest in that position known to her superiors until almost a year and a half had elapsed from the time the position was filled.

That fact alone casts extreme doubt on plaintiff’s ability to make out a prima facie case.

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Bluebook (online)
464 F. Supp. 284, 22 Fair Empl. Prac. Cas. (BNA) 926, 1979 U.S. Dist. LEXIS 14853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/satz-v-itt-financial-corp-moed-1979.