White v. University of Arkansas

806 F.2d 790, 42 Fair Empl. Prac. Cas. (BNA) 749
CourtCourt of Appeals for the Eighth Circuit
DecidedDecember 4, 1986
DocketNo. 84-2545
StatusPublished
Cited by1 cases

This text of 806 F.2d 790 (White v. University of Arkansas) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
White v. University of Arkansas, 806 F.2d 790, 42 Fair Empl. Prac. Cas. (BNA) 749 (8th Cir. 1986).

Opinion

JOHN R. GIBSON, Circuit Judge.

Learrie White, a black male, and Rubye Talbert, a black female, employees of the University of Arkansas Cooperative Extension Service, appeal the district court’s denial of their claims for back pay and injunc-[791]*791tive relief. White and Talbert alleged that the University denied them pay and job promotions commensurate with their white counterparts because of their race, and in Talbert’s case, also her sex. The district court found that while each plaintiff established a prima facie case, the University established that its decisions were based on low job performance evaluations received by plaintiffs and other legitimate criteria. White and Talbert argue that the district court’s findings are clearly erroneous because the evaluations were based on overly subjective criteria, were not uniformly applied, and were prepared exclusively by white managers. We conclude that while the district court’s findings of fact are not clearly erroneous, our opinion in Bibbs v. Block, 778 F.2d 1318 (8th Cir.1985) (en banc) — an opinion filed after the present case was tried — dictates that we vacate this judgment and remand the action to the district court for reconsideration and further findings of fact.

White began with the Extension Service in 1954 as an Assistant County Agent for Negro Work. Some time before 1973, White was promoted to his present position of Extension Farm Management Specialist III, a position comparable to that of a University faculty member. As a Specialist, White’s role was to communicate agricultural and technological information to county organizations and farmers. When White was hired, he held a master’s degree in agricultural economics and testified that throughout his career he has remained abreast of developments in his field. Tal-bert began with the Extension Service in 1958 and served as an Assistant Home Demonstration Agent until 1976, when she was promoted to the position of Home Extension Economics Leader. In these capacities, Talbert gathered information and held meetings with homemakers and the general public to convey information and demonstrate new techniques in home economics.

When White and Talbert were first employed, the Extension Service was racially segregated. White males dominated the supervisory positions. Whites were paid more than their black counterparts, men more than women. After the passage of the Civil Rights Act of 1964, the dual system was abolished, but white males continued to dominate the higher paying supervisory positions. To eliminate these disparities, between 1973 and 1975, salaries were wholly revised based on education, seniority, and past job performance. Since then, annual increases have been pegged to job evaluations, based on the established criteria, which rate the employees’ performances on a one-to-five scale, with “one” being “excellent.” Because the annual increases are calculated as a percentage of the employee’s previous year’s salary, substantial pay differences have developed over the years between those consistently receiving “one” ratings and others consistently receiving lower ratings. In rare instances, market demands or the need to obtain or retain an individual with specialized skill has required the Extension Service to augment the salary dictated by the standard criteria.

White complains that he has not been promoted since before the Extension Service was integrated, and that, while he has been with the Extension Service longer than all but eight other employees, he is fifty-fourth in terms of salary. He claims that promotions and higher pay have gone instead to white males with less seniority and no better academic credentials. The district court found that while higher level positions for which White may have qualified became available since he was last promoted, White never applied, as required, for any of these positions. The court reasoned that because White did not apply he waived any challenge to the Extension Service’s failure to promote him. The district court also rejected White’s disparate pay claim. The court credited the testimony of Reuben Johnson and Kenneth Bates who testified that White received low ratings because he did not communicate well, was not aggressive, and did not undertake postgraduate study in his field. The court found that White’s lower salary resulted from the consistently received low ratings, [792]*792which the court further found were based on fair, nondiscriminatory criteria.

Talbert complains that her failure to obtain a promotion to Staff Leader in 1980 and her relatively low salary were the result of discrimination based on race and sex. The district court found, based on the testimony of several witnesses who supervised her, that “at best, Mrs. Talbert’s work was satisfactory,” slip op. at 4, and that her job evaluations were based on legitimate criteria. The court further found that Talbert never sought administrative review of her evaluations, although she had the right to appeal, and that, during each of the past eleven years, Talbert completed a personnel form in which she expressed satisfaction with her job and location. The district court concluded that Talbert’s claims of lack of advancement and disparate pay resulted not from discrimination on the basis of race or sex, but on legitimate, nondiscriminatory, and unchallenged job performance evaluations.

The district court, based upon the factors emphasized in Kirby v. Colony Furniture Co., 613 F.2d 696 (8th Cir.1980), found that White and Talbert established a prima fa-cie case. In so doing, the court found that a dual system of employment had been operated by the Extension Service until 1964; that white males historically held supervisory and better paying jobs; that white males with less seniority and no better academic credentials received promotions while White and Talbert did not; and that white males with less seniority and no better academic credentials received significantly greater salary increases than White and Talbert. The court specifically found that White established a prima facie case of racial discrimination for his claims of disparate pay and lack of promotion, and Talbert established a prima facie case of racial discrimination both because she was not promoted to the job of Staff Leader of Ashley County in 1980 and because she received disparate pay.

The district court, however, found that the University established legitimate nondiscriminatory reasons for the lack of promotions and disparate salary. White had not been promoted because he had not applied. His salary was lower than that received by co-workers because of his low evaluation ratings. Talbert was not promoted to Staff Leader in 1980 because she was less qualified than the white male selected for the job. Her salary directly reflected her evaluation ratings. The court further found that neither White nor Tal-bert showed that the University’s articulated reasons were pretextual. The district court therefore denied the claims for back pay and injunctive relief. This appeal followed.

In charging that the evaluations were based on overly subjective criteria, were not uniformly applied, and were prepared exclusively by white managers, White and Talbert essentially urge us to overturn the district court’s finding that the evaluations were based on fair, reasonable, and nondiscriminatory criteria. The district court heard testimony of both White’s and Talbert’s supervisors, who described in detail the factual bases for their evaluations.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

White v. University Of Arkansas
806 F.2d 790 (Eighth Circuit, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
806 F.2d 790, 42 Fair Empl. Prac. Cas. (BNA) 749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-university-of-arkansas-ca8-1986.