Williams v. Colorado Springs, Colorado, School District 11

641 F.2d 835, 1981 U.S. App. LEXIS 20356, 25 Empl. Prac. Dec. (CCH) 31,545, 25 Fair Empl. Prac. Cas. (BNA) 256
CourtCourt of Appeals for the Tenth Circuit
DecidedFebruary 9, 1981
DocketNo. 79-1301
StatusPublished
Cited by8 cases

This text of 641 F.2d 835 (Williams v. Colorado Springs, Colorado, School District 11) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Colorado Springs, Colorado, School District 11, 641 F.2d 835, 1981 U.S. App. LEXIS 20356, 25 Empl. Prac. Dec. (CCH) 31,545, 25 Fair Empl. Prac. Cas. (BNA) 256 (10th Cir. 1981).

Opinion

SEYMOUR, Circuit Judge.

This Title VII race discrimination action was brought under 42 U.S.C. § 2000e et seq., by Deborah Williams on behalf of herself and all other black persons who have been employed as school teachers or who have applied for employment as school teachers in Colorado Springs, Colorado School District # 11. Williams alleges that in violation of Title VII, (1) the District’s hiring and assignment practices have resulted in the concentration of black teachers in a few schools within the District and (2) she was denied employment with the District for the school year 1973-74 because of her race. After trial to the court, judgment was rendered in favor of District # 11 on both the individual claim and the class action. We affirm in part and reverse in part.

In July 1970, Williams was hired by the District for the 1970-71 school year to teach fourth grade in Garfield School. Three weeks after she commenced employment with the District, she was reassigned to Roosevelt School due to increased student enrollment there. From the start, Williams experienced difficulty adjusting to Roosevelt. Unlike Garfield, Roosevelt employed a team teaching system, under which four teachers taught a group of approximately 115 students in an open classroom. This system required the teachers to coordinate their efforts closely, and Williams, who was the only black teacher at the school, experienced difficulty collaborating with the other teachers. She testified she was told by a [838]*838fellow teacher that she was not wanted at Roosevelt, and that the teachers often failed to include her in planning sessions. Indeed, after her first day at Roosevelt, E. B. Whisenhunt, Roosevelt’s white principal, told her that he would never have hired her.

Roughly four months later, Whisenhunt informed Williams that her contract would probably not be renewed for the next year. He told her she was not meeting the District’s teaching standards and provided her a written list of deficiencies in her performance. On January 28, 1971, Whisenhunt wrote Williams a letter advising her again that it was doubtful her contract would be renewed. In March, Williams received her official first year evaluations, all of which were poor. The evaluators included Mrs. Arnold, a visiting black supervisor; Mrs. MacMichael, a white supervisor; and Mr. Whisenhunt. All three recommended that her contract not be renewed. Whisenhunt commented:

“I would recommend that she return to school for course work in elementary reading, math, science, social studies, and child development. Ultimately I believe this to be in her best professional interest, and in the educational welfare of her students to be.”

Rec., vol. IX, exhibit 21.

When Williams was informed she would not be given a contract for the next year, she decided to pursue a master’s degree in teaching at Colorado College. She earned four A’s and four B’s in graded courses and received her degree on January 28, 1973. She then reapplied for a teaching position with the District for the 1973-74 school year. After interviewing with a number of principals at different elementary schools in the District, she failed to receive an offer of employment.

Shortly thereafter, Williams filed charges with the Colorado Civil Rights Commission and the Equal Employment Opportunity Commission. When the E.E.O.C. dismissed Williams’ complaint, she brought this action. The complaint alleges the District unlawfully discriminated against her in refusing to hire her for the 1973-74 school year. It also directly attacks the District’s hiring and assignment procedures on behalf of a class of all those black persons who have been adversely affected by such procedures.

Under the District’s hiring and assignment system, a school principal is vested with almost complete discretion in hiring teachers for that school. The district court found that

“[w]hile the central administrative personnel office receives the applications for employment and screens them for qualifications, the individual hiring decisions are made by school principals. The principals who make these hiring decisions are free to use individual subjective evaluations of the applicants without being restricted by hiring guidelines other than the necessary teacher certification.”

Rec., vol. I, at 38. Mr. Lynn, an administrator in the personnel office, explained the rationale for the District’s principal-centered hiring system:

“[The principal] is really closer to the need — our buildings are so different.
“The programs are different. They are in a really better position to know exactly what is needed in a teacher to fill a particular vacancy. They know their program better than we do.”

Rec., vol. II, at 193. When asked to specify the major needs to which he was referring, Mr. Lynn testified: “It can be programmed [sic]. It can be personalities. It can be a staff balance, age, sex, race to make up the uniqueness of the building; the income area; the size; many things.” Id. at 201.

The District’s black teachers are concentrated in schools with a large proportion of black students, particularly those schools with black principals. Statistical evidence was presented ranking the District schools by the cumulative total of full-time black teachers employed per year at each school between 1972 and 1978. It showed that 3 of the 37 elementary schools in the District employed more than 50% of the District’s black teachers during this period and 5 of 37 schools employed more than 67%. The evidence also revealed that 17 District ele[839]*839mentary schools did not. have a single black teacher between 1972 and 1978. Mr. Larry Osaki, a qualified statistician, concluded that this skewed distribution of black teachers in the District was best explained by the distribution of black students among the various schools in the District. Plaintiff argues that this concentration of black teachers in the few schools with high black student populations demonstrates that the District’s hiring practices have had a discriminatory impact on black teachers in violation of 42 U.S.C. § 2000e-2(a)(2), namely, that employment opportunities for black instructors have effectively been limited to those schools with a substantial number of black students.1

With respect to the class claim, the trial court held the evidence sufficient to make a prima facie showing that the District’s hiring system was unlawful. However, the court found that the District had successfully rebutted the prima facie case by articulating a legitimate, nondiscriminatory reason for its principal-centered hiring practices, i. e., a principal’s superior knowledge of the peculiar needs of his own school. The district court also ruled that Williams established a prima facie case of employment discrimination with regard to her individual claim. The court again concluded that the District had rebutted the prima facie showing by articulating a legitimate reason for her nonemployment, /. e., that the principals who had considered her had selected other applicants for nondiscriminatory reasons.

On appeal, Williams contends that (1) the trial court improperly applied the “disparate treatment” standard of McDonnell Douglas Gorp. v. Green,

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641 F.2d 835, 1981 U.S. App. LEXIS 20356, 25 Empl. Prac. Dec. (CCH) 31,545, 25 Fair Empl. Prac. Cas. (BNA) 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-colorado-springs-colorado-school-district-11-ca10-1981.