Plaintiff was a manager/buyer in the children's department of Defendant's department store in Rochester. After leaving Defendant's employ, she sued under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e, et seq., and the Michigan Elliot-Larsen Civil Rights Act, MCLA §37.2101, et seq., claiming denial of equal pay, intentional discrimination based on gender, and constructive discharge. Plaintiff's pay was over $300 per week less than a male manager/buyer in the men's department. Defendant explained the disparity in pay on the basis that Plaintiff's sales were less than half those of the male manager/buyer with whom Plaintiff compared herself.
The court granted Defendant's motion for summary judgment. As to the claim for unequal pay, Defendant set forth a legitimate non-discriminatory reason for the pay differential, i.e., a significantly higher sales volume. Plaintiff failed to demonstrate that Defendant's explanation was factually false. Merit in a retail business translates into the ability to sell and produce a profit. While a merit defense must be based on objective rather than subjective factors, sales and profits are objective standards.
As to the claim for intentional gender discrimination, Plaintiff had the burden of showing that Defendant's decisionmakers were predisposed to pay her less based on her sex, and that they actually acted upon that disposition. The allegedly sexist comments relied upon by Plaintiff were either ambiguous, remote in time, or directed at sales clerks or customers rather than at Plaintiff. Accordingly, they did not provide evidence of discrimination against Plaintiff.
Finally, as to the constructive discharge claim, "aggravating circumstances" must be shown in addition to discrimination. Plaintiff failed to present facts sufficient to establish that a reasonable person would have been compelled to resign in a similar situation.
Douglas v. Mitzelfeld's, Inc., Civil Action No. 96-72957 (Aug. 28, 1997) (Borman, J.) (Docket No. 51, 19 pp.).
This article was written by Ronald S. Longhofer, a partner in our Litigation Department, and previously appeared in the November 1997 edition of the Michigan Bar Journal.