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SCHMITZ v. ST. REGIS PAPER CO.
March 8, 1991
KATHLEEN SCHMITZ, PLAINTIFF,
ST. REGIS PAPER CO., DEFENDANT.
The opinion of the court was delivered by: VINCENT L. Broderick, District Judge.
This action was brought in 1983 pursuant to Title VII of the
Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging
employment discrimination on the basis of sex. Plaintiff had been
dismissed from her position as marketing manager in the bag
packaging division of the St. Regis Paper Company ("St. Regis")
in 1981 for reasons St. Regis stated were economic. I held a full
trial and determined that St. Regis had been guilty of employment
discrimination in the termination of the plaintiff. On June 16,
1986, I directed St. Regis*fn1 to reinstate the plaintiff "to a
position which is comparable to the position from which she was
eliminated." I further specified that plaintiff's new job should
involve "working on forecasting and on new product development
for film products, resolving problems with stretch film and
rewriting the plastics manual."
After I issued this ruling, the parties apparently agreed to
postpone reinstatement pending appeal to the Second Circuit. On
February 5, 1987, the Second Circuit affirmed. 811 F.2d 131. In
the months that followed, defendant offered plaintiff two
positions, one of which plaintiff considered not to be
comparable. With respect to the other position, plaintiff's
counsel requested a full description of the responsibilities.
Defendant furnished the following description:
Position Title Marketing Manager/Assistant To
Vice-President — Order Services
Location Hamilton, Ohio
Reports to the Vice President of Order Services and
assists him in the management of department
Works with all departments in Order Services on
marketing and other related projects as assigned.
Provides marketing and product support for department
managers. Manages specific areas of marketing,
product sales, production planning, systems,
training, customer service, etc.
Works as assigned on specific marketing and other
related projects for Order Services department.
Typical responsibilities would include:
º Support activities related to marketing of printing
and writing and publication paper grades.
º Assist product management group in the preparation
and implementation of marketing plan(s) setting
forth projections for the year relative to impact
on bottom line and tactics to accomplish goal.
º Assists in the process of allocating product line
º Training of newly hired sales people.
º Assist department managers in daily activities
related to customer relations, order entry,
scheduling inventory, management, cost improvement,
º Analyze market and statistical data to identify
trends and to assist in ...
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