Employment Practices Decisions Archive: 1937 - 1995, EMPLOYMENT-PRACTICES 3 EPD ¶8336, Pauline Danner, Plaintiff v. Phillips Petroleum Company, Defendant., (May 18, 1970), (May 18, 1970)

Pauline Danner, Plaintiff v. Phillips Petroleum Company, Defendant.

United States District Court, Western District of Texas. No. 69-CA-102, May 18, 1970

Title VII--Civil Rights Act of 1964

Sex Discrimination--Seniority and Bumping Rights--Termination of Female Employee--Business Necessity.

--An employer engaged in unlawful discrimination against a female employee on account of her sex by terminating her pursuant to a policy by which some male employees were accorded seniority and bidding rights allowing them to transfer to another job if their present one were eliminated while no female employee was accorded such rights rather being terminated from employment while junior males performed her work. There was no demonstrated business necessity for maintaining such a policy. 42 U. S. C. Sec. 2000e .

Sex Discrimination--Termination--Remedial Relief--Retention of Jurisdiction--Attorney’s Fees.

--A female employee, who was unlawfully terminated from her employment under a policy which denied female employees seniority and bumping rights, was entitled to injunctive relief restraining the employer from discriminating against her or any other female employee, requiring her restoration to employment with seniority and bidding rights recognized for male employees, restoration of retirement and thrift plan benefits and all compensation lost, and an award of attorney’s fees. For purposes of enforcing the order and of determining that a proper seniority plan is initiated in behalf of all female employees, jurisdiction of the matter was retained. 42 U. S. C. Sec. 2000e .

For affirmance of this decision as modified, see (CA-5 1971) 3 EPD ¶8319 .

Bob Hoblit, Burnett & Childs, Odessa, Texas, for Plaintiff.

Joe V. Peacock and W. B. Browder, Jr., Stubbeman, McRea, Sealy, Laughlin & Browder, Midland, Texas, for Defendant.

QUINN, D. J.: On the 13th day of April, 1970, came on to be heard the above cause before the Court, and both parties having announced ready, the Court read the pleadings, heard the evidence and considered the arguments of the attorneys and the briefs filed, and is of the opinion that Plaintiff is entitled to recover and does make the following Findings of Fact:

1. This action arises under Title VII of the Civil Rights Act of 1964, 42 U. S. C. A. 2000e et seq.

2. Plaintiff is a female who was employed by Defendant in March of 1957 and was terminated January of 1967.

3. Defendant is a Company doing business in Texas and employing 600 employees in the Odessa, Texas area which is in the Western District of Texas. At least 20 females are employed in this area by Defendant.

4. Title VII of the Civil Rights Act of 1964 makes it an unlawful employment practice for an employer, among other practices, to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of sex, except where there is a reasonable business necessity for the normal operation of the particular business or enterprise.

5. Defendant had males with seniority and bidding rights and males without seniority and bidding rights, but had no females with seniority or bidding rights.

6. That a male with no seniority or bidding rights would be transferred to another job with Defendant if his then present job were eliminated.

7. That a male with seniority or bidding rights would transfer himself at his desire whether his job were eliminated or not.

8. That females whose jobs were terminated were forced to leave the employment of Defendant.

9. In November of 1966 Defendant informed Plaintiff she would be terminated and there was no means by which it would allow her to keep her job.

10. That Plaintiff was rated as a “high potential,” “valuable” employee.

11. That Plaintiff’s job was not eliminated, but was broken up into parts, and its duties continued.

12. That a male employee junior in time and experience took over part of Plaintiff’s duties.

13. That Plaintiff was terminated but her job was not eliminated.

14. That Plaintiff was terminated because she was a female.

15. That the Equal Employment Opportunity Commission investigated the charge Plaintiff filed with the Commission and thereafter gave Plaintiff authority to file this lawsuit which she timely did.

16. That Plaintiff sought other employment, but she was unemployable because of her age.

Conclusions of Law

1. This Court has jurisdiction of the parties and of the subject matter hereof, and sits as a Court of Equity.

2. The discharge of the Plaintiff by the Defendant was an unfair employment practice in violation of Title VII of the Civil Rights Act of 1964.

3. Plaintiff is entitled to reinstatement in her position as Plant Clerk in the employ of Defendant, Phillips Petroleum Company, with rights of seniority and bidding status, and her retirement plan and thrift plan rights are to be restored as though she had never been terminated.

4. Plaintiff is entitled to be compensated for her loss of earnings from the time of her illegal termination in January of 1967 until the date of her reinstatement with no offsets allowed.

5. An order of injunction should issue restraining the Defendant from discriminating against the Plaintiff or any other female because of their sex in violation of Title VII of the Civil Rights of 1964, and specifically from refusing to continue Plaintiff in Defendant’s employ by reason of her being a female, and requiring Defendant, in connection with the restoration of Plaintiff to employment, to recognize all of the Plaintiff’s rights of seniority and bidding status of employment as is recognized for males which she should have had at the time of her unlawful termination, and requiring the Defendant to pay to Plaintiff all compensation lost by her from the time of her illegal termination to the date of her reinstatement, as well as restoring her retirement and thrift plan benefits.

6. Defendant is not entitled to any relief.

7. The matters asserted by Defendant are not sufficient to show that a reasonable business necessity for the normal operation of its business existed to require the termination of Plaintiff.

8. Since the record does not disclose the value of the retirement and thrift plan lost by Plaintiff, the Court should and hereby does retain jurisdiction for the purpose of enforcing this order and for the purpose of determining, by appropriate proceedings, that a proper seniority plan is initiated by Defendant in behalf of all its female employees.

9. Further, in accord with Title VII and its interpretation by the Court, reasonable attorney’s fees should be awarded in the amount of $2,500.00.

It is, therefore, Ordered, Adjudged, and Decreed that Plaintiff, Pauline Danner do have and recover of the Defendant Phillips Petroleum Company the sum of $16,875.00 plus reasonable attorney’s fees in the amount of $2,500.00.

It is further Ordered, Adjudged, and Decreed that the Defendant be and hereby is enjoined from discriminating against the Plaintiff or any other female, because of her sex, in violation of Title VII of the Civil Rights Act of 1964.

It is further ordered that Plaintiff do have and recover her costs of suit.