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CARLTON v. INTERFAITH MED. CTR.

June 18, 1985

MINNIE CARLTON, Plaintiff, against INTERFAITH MEDICAL CENTER, Defendant


The opinion of the court was delivered by: MCLAUGHLIN

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge

 Plaintiff, a former employee of defendant Interfaith Medical Center ("Interfaith"), brings this action for damages and injunctive relief arising from the conditions of her former employment and from her ultimate discharge. Plaintiff alleges violations of the Equal Pay Act, 29 U.S.C. § 206; the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 626; Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e-5; and 42 U.S.C. § 1981. In addition, plaintiff contends that her lay-off was in breach of an alleged employment agreement and of an implied covenant of good faith. Finally, plaintiff alleges that Interfaith fraudulently induced her to continue working at the hospital and that she relied on that inducement to her detriment.

 Defendant moves for summary judgment. Fed. R. Civ. P. 56. For the reasons set forth below, defendant's motion is granted in part and denied in part.

 Facts

 Plaintiff, a fifty-nine year old black female, was employed by Jewish Hospital and Medical Center of Brooklyn ("JHMCB") from October 9, 1969 until December 31, 1982. From 1969 until 1974, plaintiff worked as a registrar in the outpatient area of the accounting department. From 1974 until her discharge, plaintiff held the title of Supervisor-OPD Registration. Interfaith contends, however, that plaintiff did not perform supervisory work.

 On January 1, 1983, Interfaith, a New York not-for-profit corporation, commenced operations of an acute health care facility on the former site of JHMCB, which had filed a petition under Chapter 11 of the Bankruptcy Act, 11 U.S.C. § 701 et seq. All JHMCB employees initially were retained by Interfaith to insure continuity of patient care. As a condition to approving the establishment and operation of Interfaith, however, the State of New York mandated a substantial reduction in the number of patient beds and employees. Accordingly, significant lay-offs took place at Interfaith in early 1983. Plaintiff was among the several hundred employees, including 33 non-union *fn1" , non-professional employees, laid off.

 Plaintiff contends that on February 5, 1983, she was advised by her supervisor, Ms. Porter, that no staff member's job would be in jeopardy as a result of the merger. Ms. Porter, a black female, states in her affidavit that she cannot recall making such a representation. In any event, plaintiff was advised on or about February 7, 1983 that she would be laid off effective February 18, 1983.

 Discussion

 Equal Pay Act

 29 U.S.C. § 206(d) states that:

 
No employer . . . shall discriminate . . . on the basis of sex by paying wages to employees . . . at a rate less than the rate at which he pays wages to employees of the opposite sex . . . for equal work . . . .

 Plaintiff bears the burden of proving equality of work. Strecker v. Grand Forks County Social Service Board, 640 F.2d 96, 99-100 (8th Cir. 1980). The relevant inquiry is "whether the performance of the jobs requires substantially equal work conditions." Orahood b. Board of Trustees, et al., 645 F.2d 651, 654 (8th Cir. 1981).

 Plaintiff claims that she was paid less than a male supervisor who performs an allegedly comparable function in the in-patient accounting department.

 Interfaith contends, however, that a supervisor of in-patient accounting deals with more paper work and supervises more employees than does his out-patient counterpart, ...


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