Winn v. Trans World Airlines, Inc.

462 A.2d 301, 75 Pa. Commw. 366, 1983 Pa. Commw. LEXIS 1735
CourtCommonwealth Court of Pennsylvania
DecidedJune 27, 1983
DocketAppeal, 2651 C.D. 1981
StatusPublished
Cited by8 cases

This text of 462 A.2d 301 (Winn v. Trans World Airlines, Inc.) 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
Winn v. Trans World Airlines, Inc., 462 A.2d 301, 75 Pa. Commw. 366, 1983 Pa. Commw. LEXIS 1735 (Pa. Ct. App. 1983).

Opinions

Opinion by

Judge MacPhail,

Before this Court is the appeal of Emily E. Davis Winn (Winn) from the final order of the Court of Common Pleas of Allegheny County reversing the decision of the Pittsburgh Commission on Human Relations (Commission). The Commission determined that Winn had been discriminated against on the basis of race and sex by her employer Trans World Airlines, Inc. (TWA) in three separate instances in which Winn had sought promotion. We now reverse the Court of Common Pleas.

Winn is a black female who had been employed by TWA since March of 1967.1 At the time of the 1979 Commission hearings regarding this matter, Winn had had eight years of service with TWA.2 Winn had, in 1974, been promoted to the management position of Quality Controller for TWA in Boston, but this position was eliminated in April of 1975 during a period of economie contraction. Winn was then placed in the non-management position of Reservations Sales Agent in Boston. She relocated to Pittsburgh in July of 1975, retaining her Reservations Sales Agent position. Winn then began to apply for a number of promotions. The denials of promotion to positions in Pittsburgh by TWA on five separate occasions were focused upon by the Commission.3 In brief, these positions were:

[369]*3691) Senior Sales Representative in March, 1976; a position for which Winn was found to be qualified by the Commission, but for which Winn was not even interviewed by TWA. A white male with, as found by the Commission, substantially similar credentials as Ms. Winn was hired for the position.

2) Team Coordinator in April, 1977; seven positions were available and the successful candidates were all white. Winn was found by the Commission to be qualified for the job.

3) Cargo Account Executive in June, 1977; Winn testified that the Regional Manager of the Cargo Department indicated to her that he would not interview Winn for the position as it was not a job for a woman. However, the Commission also determined that Winn did not have the qualifications for the job and that the man ultimately chosen for the position had superior qualifications.

4) Field Training Instructor in February, 1977; Winn was found by the Commission to be qualified for this position, but the Commission also found that the white female chosen for the position had far superior qualifications.

5) Senior Sales Representative in April, 1978; this position was awarded to a white male although Winn was again found qualified by the Commission.

The Commission determined that Winn was unlawfully discriminated against for the Senior Sales Representative positions in 1976 and 1978, as well as for the Team Coordinator position in 1977. The Commission determined that the appropriate remedy would be a back pay award representing the difference between her salary as a Reservations Sales Agent and the salary for a Senior Sales Representative from 1976 until the date TWA ceased to employ Senior Sales Representatives in Pittsburgh.

[370]*370TWA appealed to the Court of Common Pleas from the Commission’s decision. In all three cases in which the Commission found unlawful discrimination,4 the Court reversed, holding that Winn had failed to prove that she was the best able and most competent person available for the positions.

The Common Pleas Court’s action in placing upon Winn the burden of proving .superior ability for the positions was clearly erroneous. The Pennsylvania Supreme Court specifically rejected such an interpretation of the fair employment laws as long ago as 1976, in the case of General Electric Corp. v. Pennsylvania Human Relations Commission, 469 Pa. 292, 365 A.2d 649 (1976), rev’g, 18 Pa. Commonwealth Ct. 316, 334 A.2d 817 (1975).5 As the Supreme Court stated:

[T]he choice of placing on a complainant the burden of proving the superiority of his or her abilities as part of establishing a prima facie case, on the one hand, or of requiring an employer to assert the “best able” proviso in defending a challenge to an employment decision becomes relatively easy, for we must adopt a construction which, without doing violence to the language of the statute, best promotes the goal of equal employment opportunities. We [371]*371believe that the legislature intended that it is the employer who should shoulder the burden of demonstrating that the complainant was not “best able and most competent to perform the services required.”

469 Pa. at 302, 365 A.2d at 654.

In General Electric, the Court also addressed the question of the establishment of a prima facie case of discrimination in employment under Pennsylvania law and therein adopted the four prong test set forth by the United States Supreme Court in McDonnell-Douglas Corp. v. Green, 411 U.S. 792 (1979). Our Court has applied that test in various recent cases. See, e.g., Pennsylvania State Police v. Pennsylvania Human Relations Commission, 70 Pa. Commonwealth Ct. 62, 457 A.2d 584 (1983); National Railroad Passenger Corp. v. Pennsylvania Human Relations Commission, 70 Pa. Commonwealth Ct. 62, 452 A.2d 301 (1982); Blackburn v. Pennsylvania Human Relations Commission, 62 Pa. Commonwealth Ct. 171, 435 A.2d 671 (1981). Under the McDonnell-Douglas test, a complainant makes out a prima facie case of discrimination upon the establishment of four elements: 1) he is a member of a protected minority, 2) he applied for a job for which he was qualified, 3) he was rejected and 4) the employer continued to seek applicants of equal qualifications. At this point, the complainant will have created a rebuttable presumption that the employer has engaged in unlawful discrimination. See Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 254 (1981). At this point the burden of production shifts to the employer to provide evidence of a legitimate, nondiscriminatory reason for not hiring the complainant. General Electric. See Burdine. Upon presentation of such evidence, it then becomes an issue for “the fact finder [to] decide whether the rejection was discriminatory.” United [372]*372States Postal Service Board of Governors v. Aikens, U.S. , , 103 S.Ct. 1478, 1482 (1983) (emphasis added). The McDonnell-Douglas presumption drops from the case at this point and “the factual inquiry proceeds to a new level of specificity.” Burdine, 450 U.S. at 255. It must be emphasized that the complainant retains the burden of persuasion on the ultimate issue of whether the employer had a discriminatory motive.

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Winn v. Trans World Airlines, Inc.
462 A.2d 301 (Commonwealth Court of Pennsylvania, 1983)

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462 A.2d 301, 75 Pa. Commw. 366, 1983 Pa. Commw. LEXIS 1735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winn-v-trans-world-airlines-inc-pacommwct-1983.