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LOGAN v. ST. LUKE'S HOSP. CTR.

March 4, 1977

ELLA LOGAN, Plaintiff, against ST. LUKE'S HOSPITAL CENTER and ROBERT NELSON, Defendants.


The opinion of the court was delivered by: MACMAHON

MacMAHON, District Judge.

Plaintiff, Ella Logan, brings this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. §§ 1981 and 1983, alleging racial and sexual discrimination by defendants. Specifically, she claims that she was discriminated against, on account of her sex and race, when defendants, St. Luke's Hospital Center ("St. Luke's") and Robert Nelson, Director of Food Services for St. Luke's, hired a white male instead of plaintiff for the position of Assistant Director of Food Services.

 The case was tried to the court. We grant judgment for defendants on the basis of the following findings of fact and conclusions of law:

 FINDINGS OF FACT

 1. Plaintiff, a black woman, was hired by St. Luke's in 1965 and has been employed there continuously since that time in the Food Services Department, working in various areas and holding various job titles, including Head Dietician, Administrative Dietician, and Food Production Manager, the position she now holds.

 2. Prior to her employment at St. Luke's, plaintiff had received a Bachelor of Science degree in dietetics and management and had been employed as a dietician elsewhere, for approximately seven years.

 3. The head of the Food Services Department at St. Luke's is the Director of Food Services, and that position has been held by defendant Robert Nelson at all relevant times. The Director has two assistants, an Assistant Director and a Chief Therapeutic Dietician. Plaintiff is one of several Food Production Managers who occupy the next lowest supervisory echelon.

 4. The position of Assistant Director of Food Services became vacant in August 1974, when James Lyons, a black male, resigned. Plaintiff first applied for the position in August 1974 by informing Nelson orally of her interest and then in November 1974 by a memorandum expressing her continuing interest in the as yet unfilled position.

 5. In or about November 1974, St. Luke's decided to implement the "3-M Integral Heating System" for the heating and serving of hospital foods.

 6. The vacancy in the Assistant Director's position was advertised in the in-house "Jobs" blue sheet and in The New York Times. As early as September 4, 1974, five months before the position was filled, the "Jobs" blue sheet listed the qualifications for the position as: "Degree in foods preferred, plus five years experience required."

 7. Five St. Luke's employees, including plaintiff, applied for the position, along with from twenty to thirty outside applicants. Several of these applicants were women and several were black.

 8. Nelson interviewed plaintiff for the position, along with six or seven other applicants, including the four other hospital employees and two or three of the outsiders.

 9. On February 18, 1975, Nelson hired Frank Vesely, a white male from outside the hospital staff, for the position of Assistant Director.

 10. Vesely, at the time of his application, had been the Assistant Food Service Director at Brookdale Hospital in Brooklyn. During his nearly three-year tenure at Brookdale, he had had extensive experience and responsibility in connection with the implementation of the 3-M system at Brookdale, one of the first hospitals in the country to use that system. Prior to his employment at Brookdale, Vesely had had approximately 22-1/2 years' experience in various aspects of food service, as an officer in the United States Army and, more recently, as Assistant General Manager of the employee food service operation of Pan American Air Lines at Kennedy Airport. Vesely had been highly recommended, both by ...


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