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Plaintiff has alleged that she was discriminated against in four ways. First, that as a rate clerk she was underpaid when compared to underwriter trainees and underwriters who were doing what she considers to be substantially the same work. Second, that she was not promoted to the position of underwriter trainee from rate clerk for a period of time in which less qualified or no better qualified males were hired as underwriter trainees and then was discriminated against by being paid a lower wage as an underwriter trainee and underwriter. Third, that Transport granted a special privilege to males solely because they were males and which was not granted to females. Fourth, that she was fired illegally by Transport because she sought to obtain the same or a similar privilege for females.
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It is undisputed that underwriter trainees start out by working on assigned risk policies until they become familiar with rating procedures and schedules. Apparently, the time which a trainee will spend on these for Transport will vary from person to person. Ms. Cupples contends that the classification of underwriter trainee is an artificial classification set up in order to pay male employees who were doing rate clerk work more than the rate clerks who have been predominately female. Her employment history belies this contention. *149 As soon as she complained about underwriter trainees being hired from outside of Transport while she worked there as a rate clerk, she was given the position of underwriter trainee. It is true that she was the first female in that job classification, but she was not the first female underwriter. The other female underwriter was an experienced underwriter when hired by Transport so she bypassed the underwriter trainee stage. Since Ms. Cupples' becoming an underwriter trainee, no more women have become underwriter trainees. If Transport were a vast organization, this small number of females might be evidence of tokenism, but in a small company such as Transport it is not.[1]
Also Transport showed that the underwriter trainee was a valid classification not set up to discriminate against women and not having that effect. The employees hired as underwriter trainees were informed when hired that that was their position, the classification was set out in writing, the trainees were supervised and evaluated in their training, advancement depended solely on their ability to become effective underwriters and females have not been excluded from the program.[2]
Plaintiff's last two contentions, that Transport granted a special privilege to males that was not granted to females and that she was discharged because she tried to secure the same or similar privilege were not borne out by the evidence that was presented at trial.
Ms. Cupples prior to this incident had put down on a time card that she was present when she was not there and was at a funeral with the express permission of Mr. Davis. She knew that only with such permission could she do so. Her purpose was not to secure the same privilege or a similar one as that accorded males, but to create an incident and back Transport into a corner. The record shows that she had a personal animosity toward Transport that had grown in the several months before May, 1970. Had her desire been to secure the same or a similar privilege, she would have complained to Transport as she had done in the past with great success at reaching her desired result or obtaining a full explanation. Transport has shown that its *152 management had always listened attentively to Ms. Cupples and promptly acted or explained why it would not act.[6]
[2] See Hodgson v. Behrens Drug Company, 475 F.2d 1041 (5th Cir., 1973), and Shultz v. First Victoria National Bank, 420 F.2d 648 (5th Cir., 1969). These cases are most important in that the disputed classifications never had a female in them and advancement did not depend on the completion of any training. Advancement depended on the fortuitous opening of a higher position. This in effect is emphasizing that in the Behrens and First Victoria situations, the employers relied upon the disputed classifications to perform substantial and continuing amounts of work on a day to day basis that was the same as that performed by the lower paid females. In our case, Transport did not rely upon the underwriter trainees as a substantial pool of labor to do rate clerk work. The purpose of the underwriter trainees performing rate clerk work was to familiarize them with the work and they moved on to more difficult tasks as they mastered the rate clerk work.
THIS WEEKEND Despitea heavy meltdown, the Ice Age sequelcontinued to be the most popular film in North America holding steady atnumber one for the second straight time. The Fox blockbuster grossed $33.8M,according to final studio figures,dropping 50% from its record opening and pushed its ten-day cume to a stellar$115.8M. Ice Age: The Meltdown becamethe first film of 2006 to cross the $100M mark doing the deed in just ninedays. With school holidays for Easter coming up, the hit toon expects tokeep drawing business in the weeks ahead in hopes of nearing the $200Mmark.
Opening impressively in second place was the nerd comedy TheBenchwarmers with $19.7M leading the weekend's new releases.Playing in 3,274 theaters, the Sony release scored a strong batting averageof $6,004 per location. The PG-13 film was directed by Dennis Dugan (HappyGilmore, Big Daddy) andstarred Rob Schneider, David Spade, and Jon Heder as baseball misfits tryingto fit in. Benchwarmers skewed youngwith 60% of the audience being under the age of 21. Males and females equallyrepresented, according to studio research.
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