Weigmann v. Glorious Food, Inc.

169 F.R.D. 280, 36 Fed. R. Serv. 3d 1275, 1996 U.S. Dist. LEXIS 16509, 72 Fair Empl. Prac. Cas. (BNA) 1078, 1996 WL 648972
CourtDistrict Court, S.D. New York
DecidedNovember 6, 1996
DocketNo. 95 Civ. 8712 (DC)
StatusPublished
Cited by4 cases

This text of 169 F.R.D. 280 (Weigmann v. Glorious Food, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Weigmann v. Glorious Food, Inc., 169 F.R.D. 280, 36 Fed. R. Serv. 3d 1275, 1996 U.S. Dist. LEXIS 16509, 72 Fair Empl. Prac. Cas. (BNA) 1078, 1996 WL 648972 (S.D.N.Y. 1996).

Opinion

MEMORANDUM DECISION

CHIN, District Judge.

In this Title VII action, plaintiffs allege that defendant catering company discriminated, and continues to discriminate, against its female “cater waiters” by limiting their hours and wages and by not assigning them certain work at private parties. Plaintiffs seek to enjoin defendant’s allegedly discriminatory policies and to recover back pay and compensatory and punitive damages. Plaintiffs now move pursuant to Fed.R.Civ.P. 23 for an order certifying this action as a class action.

STATEMENT OF THE CASE

A. Summary of Facts

Plaintiffs Jessica Weigmann (“Weigmann”), Marcella Nelson (“Nelson”), and Brook Hedick (“Hediek”) (collectively, “plaintiffs”) are three women who previously worked as cater waiters for defendant Glorious Food, Inc. (“Glorious Food”). Plaintiffs allege that defendant discriminated against them on the basis of their gender; they seek to represent all female cater waiters employed by Glorious Food from June 21, 1993 through the date when relief is finally granted in this action.

B. Plaintiffs

1. Jessica Weigmann

Weigmann began to work for Glorious Food in 1991 as a member of its wait staff. As a cater waiter, Weigmann performed all tasks required by defendant at all of the Glorious Food parties to which she was assigned. At all relevant times, with the exception of a short period of time surrounding Weigmann’s wedding and a death in her family, Weigmann maintains that she was willing, able, and desirous of additional work assignments. Furthermore, Weigmann asserts that she was dependent upon Glorious Food to provide her with work so that she could earn a living.

Weigmann alleges that due to Glorious Food’s policies of giving men more job assignments and more hours, of virtually excluding women from certain parties, and of placing a limit on the percentage of women waiters at other parties, her annual wages were lower than they would have been had she been a man. Specifically, Weigmann earned $9,253.90 in 1994 and $4,645.25 in 1995. Weigmann further alleges that on or about July 12, 1994, an employee at Glorious Food showed her a “party roster” that was used by defendant to record information concerning the assignment of waiters. The standard party roster contained an entry that asked: “Women okay?,” followed by the choices ‘Tes” or “No.”

On another occasion, Weigmann was the only woman assigned to work at a party. She was assigned to work as the female bathroom attendant and was told that she was not allowed on the floor while the guests were present or being served.

Lastly, Weigmann alleges that she has spoken with several other current and former Glorious Food female cater waiters who, while supportive of the lawsuit, are fearful of retaliation if they join the class as named plaintiffs.

2. Marcella Nelson

The second named plaintiff, Nelson, worked as a cater waiter for Glorious Food from May 1986 to in or about September 1995. She also worked as manager of payroll for approximately two and one-half years until she resigned on April 29, 1996. Nelson alleges that she was subjected to Glorious Food’s company-wide policy and practice of preferring male waiters based solely on their gender. For example, Nelson alleges that she was not assigned to private parties as often as she would have been had she been a male, even though she had completed the [283]*283company’s private party seminar. In addition, Nelson was paid only $17.00 per hour for performing duties as a co-captain, whereas male co-captains were paid $23.00 per hour. Furthermore, Nelson was told on six separate occasions that she was being taken off of certain parties because she was a woman. Nelson maintains that she was willing and able to perform more work than was given to her. She also asserts that she was dependent on her work at Glorious Food to earn a living.

Further, Nelson states that, in her capacity as payroll manager, she worked closely with the Personnel Director, Sandra Mari-tire, the account executives, and other members of management. Based on her personal knowledge of defendant’s policies and practices in assigning jobs, Nelson attests that it is the standard operating procedure of Glorious Food to give men preference over women in assigning jobs. Nelson also states that Glorious Food intentionally limits the number of women who are allowed to take the private party seminar and the Captain’s seminar.

Lastly, Nelson alleges that the discrimination has continued up until at least December 1995, when defendant instructed her to hire eighty male waiters for a large wedding.

3. Brook Hedick

The third named plaintiff, Hedick, worked as a cater waiter for Glorious Food from in or about August 1992 through January 30, 1995. Hedick asserts that she has been discriminated against by defendant on the basis of her gender. She states that she was ready, willing, and able to perform more work than was assigned to her by defendant and was dependent upon Glorious Food to provide her with work to earn a living. Hedick’s gross earnings for 1993, 1994, and 1995 were $403.75, $323, and $233.75, respectively.

Hedick alleges that soon after she was hired she requested to be enrolled in the private party seminar, but was never afforded the opportunity to take the seminar or to work at private parties.

4. Gwendolyn Carlton

In further support of this motion, plaintiffs have also submitted the affidavit of Gwendolyn Carlton, a putative class member who wishes to be joined as a named plaintiff. Carlton worked as a waiter for Glorious Food from in or about. September 1994 until June 1996.

Carlton alleges that on several occasions she was told that she had to work twice as hard as the men did, that when the current lawsuit is over she would no longer be allowed to work at certain parties, and that her work had to be perfect because she was a woman. In 1995, Carlton earned $17,061.03 from Glorious Food. Carlton asserts that, although she earned more than most of the female, and many of the male, waiters at Glorious Food, her earnings could have been substantially more had she been a man.

Furthermore, Carlton alleges that in March 1996 one of the male captains informed her that he had requested that she be allowed to work at two parties, but his request was denied because she was a woman. Carlton also states that she was ready, willing, and able to work more hours and events than she was given.

C. Prior Proceedings

Plaintiffs filed this action on October 12, 1995 and now move for class certification. After plaintiffs commenced this lawsuit, the New York State Attorney General conducted an investigation of Glorious Food. Upon completing the investigation, the Attorney General and Glorious Food entered into an Assurance Agreement (the “Agreement”). The Agreement requires that defendant perform several affirmative steps to remedy any alleged discriminatory practices, without requiring defendant to admit to any wrongful practices or policies.

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169 F.R.D. 280, 36 Fed. R. Serv. 3d 1275, 1996 U.S. Dist. LEXIS 16509, 72 Fair Empl. Prac. Cas. (BNA) 1078, 1996 WL 648972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weigmann-v-glorious-food-inc-nysd-1996.