Taylor v. Pennsylvania Human Relations Commission

681 A.2d 228, 1996 Pa. Commw. LEXIS 317
CourtCommonwealth Court of Pennsylvania
DecidedJuly 31, 1996
StatusPublished
Cited by8 cases

This text of 681 A.2d 228 (Taylor v. Pennsylvania Human Relations Commission) 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
Taylor v. Pennsylvania Human Relations Commission, 681 A.2d 228, 1996 Pa. Commw. LEXIS 317 (Pa. Ct. App. 1996).

Opinion

KELTON, Senior Judge.

Petitioner Jeff J. Taylor appeals a final order of the Pennsylvania Human Relations Commission (PHRC) which adopted a hearing examiner’s recommendation that his complaint against the Scully Company (Respondent) for gender discrimination be dismissed. We affirm.

On August 21, 1988, Respondent, a real estate management corporation, advertised for a “real estate manager” in the Philadelphia Inquirer. Mr. Taylor submitted a resume in response to the ad and was called by James Scully, Jr., an owner of Respondent. As Mr. Scully testified, at the time he called he had no intention of hiring Mr. Taylor for the specific position because the advertised job was managing one or more high-rise apartment buildings, for which Mr. Taylor had no experience. (Notes of Testimony (N.T.) at 237-238; Reproduced Record (R.R.) at 246a-247a.) He did, however, want to talk with Mr. Taylor because of his extensive experience with smaller scale properties, which might be useful to Respondent in the future. (Id.) Mr. Taylor and Mr. Scully discussed Mr. Taylor’s experience and qualifications, and Mr. Scully told Mr. Taylor that he would “get back to him.” When Mr. Scully did not telephone him again, or return his calls, Mr. Taylor called and told Respondent’s receptionist that his next contact would be through his lawyer. Mr. Scully took the call and told Mr. Taylor that he could hire whomever he wanted. Respondent subsequently hired a woman for the position, Bonnie Carson, who did have experience managing high-rise buildings.

[231]*231After this conversation with Mr. Scully, on September 21, 1988, Mr. Taylor filed a complaint with the PHRC alleging that Respondent had discriminated against him because of his age when it refused to hire him.1 (R.R. at 2a.) At a fact-finding conference, held as part of the PHRC’s investigation of the age discrimination claim, Mr. Scully apparently stated to Mr. Taylor, “you would not have gotten the job anyway because my intent was to hire a woman.” (N.T. at 62; R.R. at 71a.) Following the conference, Mr. Taylor filed an amended complaint charging Respondent with both age and gender discrimination. (R.R. at 5a.) Following its investigation, the PHRC found that probable cause had been established with respect to only the allegation of unlawful gender discrimination. A public hearing was held before a permanent hearing examiner who issued Findings of Fact, Conclusions of Law, an Opinion and a Recommendation to the PHRC that Mr. Taylor’s complaint be dismissed. In so recommending, the hearing examiner concluded that Mr. Taylor had not met his burden of proving that Respondent had violated Section 5(a) of the Pennsylvania Human Relations Act (Act)2, 43 P.S. § 955(a). On September 19,1995, the PHRC issued a Final Order adopting the hearing examiner’s decision and dismissing Mr. Taylor’s complaint. Mr. Taylor filed a timely petition for review with this Court, and Respondent intervened.

The scope of our review in a PHRC matter is limited to a determination of whether the adjudication is in accordance with the law, whether constitutional rights were violated, and whether the PHRC’s findings of fact are supported by substantial evidence. H.S.S. Vending Distributors v. Pennsylvania Human Relations Commission, 162 Pa.Cmwlth. 602, 639 A.2d 953 (1994). In this case, Mr. Taylor claims that the PHRC erred as a matter of law in applying the incorrect legal analysis, placing the burden of proof on Mr. Taylor despite direct evidence of discriminatory intent, and that findings of fact regarding Mr. Taylor’s qualifications for the real estate manager position were not supported by substantial evidence.

Under Section 5(a) of the Act:

It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification ...:
(a) For any employer because of the ... sex ... of any individual or independent contractor to refuse to hire or employ or contract with, or to bar or to discharge from employment such individual ... if the individual or independent contractor is the best able and most competent to perform the services required.

43 P.S. § 955(a). In cases arising under Section 5(a), the Pennsylvania courts apply the analysis established by the United States Supreme Court in McDonnell Douglas Corporation v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d. 668 (1973), for cases arising under Title VII of the Civil Rights Act of 1964.3 Pursuant to this analysis, adopted by our Supreme Court in General Electric Corporation v. Pennsylvania Human Relations Commission, 469 Pa. 292, 365 A.2d 649 (1976), the plaintiff has the burden to state a prima facie case for discrimination by establishing the following elements:

1. that he is a member of a protected class;
2. that he applied for a position for which
he was qualified; 0
3. that his application was rejected; and
4. that the employer continued to seek applicants of equal qualifications.

General Electric; City of Pittsburgh v. Pennsylvania Human Relations Commission, 157 Pa.Cmwlth. 564, 630 A.2d 919 (1993), appeal dismissed, 538 Pa. 318, 648 A.2d 326 (1994).

[232]*232Once the plaintiff establishes a prima facie case, a presumption of discrimination is raised, which can be rebutted by the employer. To overcome the presumption, the employer must go forward with evidence of nondiscriminatory motive. Consolidated, Rail Corporation v. Pennsylvania Human Relations Commission, 136 Pa.Cmwlth. 147, 582 A.2d 702 (1990). If the employer meets this burden, the plaintiff can ultimately prevail if he can show by a preponderance of the evidence that the employer’s proffered reason is pretextual. Consumers Motor Mart v. Pennsylvania Human Relations Commission, 108 Pa.Cmwlth. 59, 529 A.2d 571 (1987). It is then up to the trier of fact to decide which party’s explanation of the employer’s motivation it believes. Allegheny Housing Rehabilitation Corporation v. Pennsylvania Human Relations Commission, 516 Pa. 124, 532 A.2d 315 (1987).

In the case at bar, the hearing examiner determined that Mr. Taylor had set forth a prima facie case of gender discrimination, establishing the four elements of the McDonnell Douglas analysis; that the Respondent had articulated a legitimate, nondiscriminatory reason for not hiring Mr. Taylor; and that Mr.

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Bluebook (online)
681 A.2d 228, 1996 Pa. Commw. LEXIS 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-pennsylvania-human-relations-commission-pacommwct-1996.