Young v. Control Data Corp.

727 F. Supp. 1324, 1989 WL 158144
CourtDistrict Court, D. Nebraska
DecidedDecember 20, 1989
DocketNo. CV 87-0-314
StatusPublished

This text of 727 F. Supp. 1324 (Young v. Control Data Corp.) is published on Counsel Stack Legal Research, covering District Court, D. Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Young v. Control Data Corp., 727 F. Supp. 1324, 1989 WL 158144 (D. Neb. 1989).

Opinion

MEMORANDUM OPINION

RICHARD E. ROBINSON, Senior District Judge.

I.

INTRODUCTION. Plaintiff Mary Young brought this action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, claiming that she was illegally terminated from her position with Control Data Corporation. Although her termination was pursuant to the “progressive discipline system” utilized by Control Data, Ms. Young does not assert that the system was itself discriminatorily applied. Instead, she alleges that in at least two of the four incidents leading up to her discharge she was illegally treated more harshly than her male counterparts. Since the disciplinary system is cumulative in nature, Ms. Young argues, her termination would not have occurred in the absence of unlawful discrimination.

Control Data argues, first, that it did not act with discriminatory intent in any of the four incidents, and that the disciplines were imposed after investigation showed that such steps were in fact warranted. Control Data also argues that its decision to terminate Young was not compelled by the progressive discipline system, but was instead a determination made by the company based on the quality of Young’s overall performance, not the quantity of her mistakes.

For reasons noted below the Court finds for the defendant Control Data Corporation on the substantive question of discrimination, having determined that, although Young established a prima facie case of discrimination, Control Data has articulated legitimate, non-discriminatory reasons for its actions, and that Young has failed to show that the explanations advanced by Control Data were pretextual.

This Memorandum Opinion constitutes the Court’s findings of fact and conclusions of law as required by Federal Rule of Civil Procedure 52(a).

II.

FINDINGS OF FACT.

Mary Young was employed by Control Data Corporation for two separate time periods. She was initially hired on February 26, 1973 and voluntarily resigned, for personal reasons, on October 18,1974. She was rehired by Control Data on February 2, 1976 and involuntarily terminated on February 7, 1986. It is this latter term of employment that forms the basis of this action.

Ms. Young held several positions at Control Data, all but one obtained as promotions. The other position change was at Young’s request and was not a demotion for cause. Young’s last position with Control Data, which she held for approximately four and one-half years until her termination, was that of Manufacturing Process Specialist (MPS). That job consisted of such activities as monitoring the setup of [1326]*1326equipment, adding chemicals, making quality checks, troubleshooting equipment problems, operator training and monitoring manufacturing process compliance. Although not a supervisory position, the MPS is responsible for ensuring that products are correctly manufactured.

Until her last six months of employment at Control Data, Young had a generally successful work record, as evidenced both by Control Data’s own evaluations of her performance (Exhibits 19, 20 and 21) and by testimony at trial of her immediate supervisor and a co-worker. However, that changed over the next six months, during which time Young was the recipient of four disciplinary actions, resulting in an oral warning, a written warning, suspension, and termination, respectively. Each of those incidents are described below.

The Disciplinary Incidents.

1) The Incident of August 26, 1985. In this incident (described in Exhibit 1), Young received an oral warning after some 600 computer discs were damaged after being processed despite observed problems with the chemical solution. The loss to the company was estimated at some $4,200. Another Control Data employee, Ed Wallace was also involved, although his role was disputed and he was not disciplined. This incident was investigated by Young’s supervisor, Elaine Startzer, and documented with a personnel memorandum acknowledged by Young’s signature.

2) The Incident of November 5, 1985. In this incident (described in Exhibit 2), Young was given a written warning for failure to create a “down time log”, i.e. a written notice that an oven was not working at the required temperature. Young gave oral notice of the problem to another employee and later went home because of illness. Her oral notice was forgotten, and six racks of computer discs were damaged when they were processed in the malfunctioning oven, at an estimated cost of $2,106. This incident was investigated by Startzer, and documented with a personnel record memorandum, which Young refused to sign.

3) The Incident of November 14, 1985. In this incident (described in Exhibit 3), Young was placed on a three-day suspension for placing the wrong chemical into a “clean and etch machine”, contaminating the oxide solution and resulting in an estimated cost of $2,800. Again, this incident was investigated and documented by Startzer, and Young acknowledged the personnel file memorandum by her signature.

4)The Incident of February 11, 1986. In this incident (described in Exhibit 4), Young was placed on investigatory suspension, and ultimately terminated, for placing the wrong temperature charts in the ovens. There is no evidence of monetary loss from this incident.

Young’s disciplines were administered in compliance with Control Data’s “Approved Policy and Procedure on Disciplinary Actions ”, guidelines for imposition of discipline upon employees. Exhibit 12. Although this policy provides, inter alia, that a progressive approach “should” be utilized, Id. at 1, it also allows for exceptions to that approach. Id. (“In those situations when a single offense or incident is serious enough, immediate suspension is warranted”).

Because Young had more than eight years of service with Control Data, the company was, by its own guidelines, required to follow a three-stage approval process prior to termination. Exhibit 13. These stages were followed. The Omaha Personnel Manager, Mike Boyd, wrote his superior, the then-Personnel Manager for Technology and Engineering Operations B.C. Bjerke, requesting approval of the termination (Exhibit 6); Bjerke then contacted his superior, the then-Vice President of Personnel J.P. Gougoutris, requesting approval (Exhibit 11); the termination was ultimately approved by the then-Vice President of Technology and Engineering Operations, D.C. Bowman.

Following these approvals, Mary Young was terminated by Control Data on March 7, 1986.

III.

CONCLUSIONS OF LAW.

The procedural and evidentiary framework for a Title VII action is well-estab[1327]*1327lished. See, e.g. O’Connor v. Peru State College, 781 F.2d 632, 636 (8th Cir.1986):

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727 F. Supp. 1324, 1989 WL 158144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-control-data-corp-ned-1989.