School District of Millcreek v. Commonwealth

368 A.2d 901, 28 Pa. Commw. 255, 1977 Pa. Commw. LEXIS 647, 13 Empl. Prac. Dec. (CCH) 11,530, 30 Fair Empl. Prac. Cas. (BNA) 367
CourtCommonwealth Court of Pennsylvania
DecidedJanuary 20, 1977
DocketAppeal, No. 783 C.D. 1976
StatusPublished
Cited by4 cases

This text of 368 A.2d 901 (School District of Millcreek v. Commonwealth) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
School District of Millcreek v. Commonwealth, 368 A.2d 901, 28 Pa. Commw. 255, 1977 Pa. Commw. LEXIS 647, 13 Empl. Prac. Dec. (CCH) 11,530, 30 Fair Empl. Prac. Cas. (BNA) 367 (Pa. Ct. App. 1977).

Opinions

Opinion by

Judge Crumlish, Jr.,

On March 5, 1973, Linda Jean Richards (Complainant) filed a complaint with the Pennsylvania Human Relations Commission (Commission) alleging that Millcreek School District and John Sandel, its Superintendent (Appellants), refused to compensate her with equal supplemental wages as coach of the girls’ varsity tennis team while granting the, male coach of the boys’ varsity tennis team a supplemental wage $300.00/$310.00 higher than Complainant for performing a substantially same or similar job. Complainant further alleged that Appellants discriminate against women as a class in the payment of supplemental wages to female coaches and the number of varsity sports offered female students because of their gender. On September 5, 1973, the complaint was amended to allege a continuing violation. Complainant alleged that these actions violate Section 5(a) of the Pennsylvania Human Relations Act, Act of October 27, 1955, P.L. 744, as amended, 43 P.S. §951 (Act).

[258]*258An investigation into the allegations contained in the complaint was made by representatives of the Commission and a determination was made that probable canse existed to credit the allegations of the complaint. The Commission endeavored to eliminate the unlawful practice complained of by conference, conciliation and persuasion. These endeavors were unsuccessful and, pursuant to Section 9 of the Act, a hearing on the merits of the complaint was convened.

The hearing panel, upon consideration of all of the testimony presented before it by both parties, recommended that the Commission find in favor of Complainant.

The findings of fact entered in this matter are detailed and lengthy and will aid our review. For this reason, we list them as follows:

“Findings or Fact

“1. The Complainant herein is Linda Jean Richards, a female teacher, who resides at 2659 West Sixth Street, Erie.

“2. The Respondent herein is Millcreek School District, Complainant’s employer. A second Respondent is John Sandel, Superintendent. No testimony was presented concerning Mr. Sandel. All references to the Respondent are to Millcreek School District.

“3. Complainant has been employed as a teacher by the Respondent at McDowell High School since 1968. For three years, from the fall of 1968 through the spring of 1971, Complainant served as the Coach of the Girls’ Tennis Team at McDowell High School when it was an extramural team.

“4. The Girls’ Tennis Team became a varsity team as opposed to an extramural team in the 1971-72 school year.

[259]*259“5. The Boys’ Varsity Tennis Team has been in existence for ten to fifteen years.

“6. Kay Dennis was the first (Head) Coach of the Girls’ Varsity Tennis Team in 1971-72.' She scheduled eleven matches during the fall and spring of that school year.

‘ ‘ 7. Complainant applied for and received the position of Girls’ Varsity Tennis (Head) Coach for the 1972-73 and 1973-74 school years.

“8. Complainant did not receive credit for her three years of coaching the extramural team.

“9. Complainant’s salary as Girls’ Varsity Tennis (Head) Coach was significantly less than the salary of the male head coach of the Boys’ Varsity Tennis Team. Complainant received $250 for her first year as opposed to $550 for a first year male coach, a difference of $300. Complainant received $320 for her second year as opposed to $630 for a second year male coach, a difference of $310.

“10. Complainant objected to the salary- difference to the School Board and was denied an equalization of salary.

“11. Complainant indicated in writing her - continued protest over the unequal salary when she signed her contract for the 1972-73 school year.

“12. All of Complainant’s coaching duties were listed in the Coaches’ Handbook.

“13. The. duties of all of the Head Coaches, both male and female, were the same. All duties were listed on page two of the Coaches’ Handbook. Ronald L. Manchester, Supervisor of Physical Education and Athletics, responding for Respondent, told the Commission’s Investigator, Kathleen Guinn, that the Head Coach had no duties other than those set forth on page two of the Coaches’ Handbook.

“14. Coaches had many other duties in addition to the actual playing of competitive matches.

[260]*260“15. Complainant arranged the tennis matches for the 1972-73 school year.

“16. In 1972-73 when Complainant scheduled the tennis matches, the Girls’ Varsity Tennis Team played twenty-two matches. Six matches were played in the fall and sixteen matches were played in the spring.

“17. Of the eight teams with whom matches were scheduled in 1972-73, three were played twice, four were played three times and one was played four times.

“18. Only three matches, those against Behrend College, would have been sanctioned under P.I.A.A. rules.

“19. Ronald L. Manchester, Supervisor of Physical Education and Athletics, scheduled the tennis matches for the 1973-74 school year.

“20. At Complainant’s urging, Mr. Manchester contacted all of the (tennis) coaches in the area in the spring of 1973. As a result of this meeting, a five-school league was set up. League play started in the fall of 1973.

“21. In 1973-74 when Mr. Manchester scheduled the tennis matches, the Girls’ Varsity Tennis Team played only ten matches. Eight matches, two with each league member, were played in the fall and two matches, the district and state championship competitions were played in the spring.

“22. All matches played in the 1973-74 school year were authorized P.I.A.A. matches.

“23. Other schools play girls’ varsity tennis in both the fall and the spring; some play only in the spring. The championship matches are held in the spring.

“24. In the 1972-73 school year, Complainant scheduled matches in both the fall and the spring.

“25. Ronald L. Manchester scheduled all of the League matches for the Girls’ Varsity Tennis Team in the fall.

[261]*261“26. Complainant agreed to go along with the season that Mr. Manchester, the Supervisor of Physical Education and Athletics, selected.

“27. Participation in varsity tennis by girls and boys was approximately the same. The estimated participation of students in varsity tennis for 1973-74 shows that there were sixteen girls and fifteen boys on the varsity tennis teams.

“28. Both the Head Coach of the Boys’ Varsity Basketball Team and the Head Coach of the Girls’ Varsity Basketball Team had the same duties. The duties were described on page two of the Coaches’ Handbook.

“29. The Boys’ Varsity Basketball Team usually plays twenty-two games per season. The Girls’ Varsity Basketball Team usually plays fifteen games per season.

“30. Participation in varsity basketball by girls and boys was similar. The estimated participation of students in varsity basketball for 1973-74 shows that there were twelve girls and sixteen boys on the Varsity Basketball Team.

“31. The salary of the female Head Basketball Coach was significantly less than the salary of the male Head Basketball Coach. The female coach received from $250 to $400 as opposed to the male coach who received from $1,300 to $1,900, a difference of $1,050 to $1,500.

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368 A.2d 901, 28 Pa. Commw. 255, 1977 Pa. Commw. LEXIS 647, 13 Empl. Prac. Dec. (CCH) 11,530, 30 Fair Empl. Prac. Cas. (BNA) 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/school-district-of-millcreek-v-commonwealth-pacommwct-1977.