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Shafer v. Commander, Army & Air Force Exch. Serv.

Citations: 667 F. Supp. 414; 1985 U.S. Dist. LEXIS 18526; 45 Empl. Prac. Dec. (CCH) 37,634; 59 Fair Empl. Prac. Cas. (BNA) 1731Docket: CA 3-76-1246-R

Court: District Court, N.D. Texas; June 26, 1985; Federal District Court

Narrative Opinion Summary

This case involves an employment discrimination lawsuit brought by a female employee against the Army and Air Force Exchange Service (AAFES), alleging gender-based discrimination in promotions, training, and job assignments. The court certified a class of female employees at AAFES's Dallas headquarters, focusing on disparities in promotions and adverse impacts from the company's mobility policy. During the 'Phase I' trial, the court found that AAFES's mobility requirement for certain positions disproportionately excluded female employees, violating Title VII due to its lack of business necessity. Statistical analyses revealed significant disparities in promotion rates, further substantiating claims of gender discrimination. The court rejected AAFES's arguments against the expert statistical analyses and dismissed its motion to decertify the class. The decision emphasized the discriminatory impact of subjective performance evaluations and AAFES's failure to provide non-discriminatory justifications for its practices. Ultimately, the court ruled in favor of the class, determining that the mobility policy and promotion practices unlawfully discriminated against female employees, and scheduled a Phase II hearing to determine appropriate class relief.

Legal Issues Addressed

Class Certification in Discrimination Cases

Application: The court certified a class for female employees alleging discrimination in promotions and assignments, rejecting AAFES's motion to decertify the class action.

Reasoning: The court certified a class for females employed by AAFES at the Dallas facility since April 1, 1972, who faced discrimination related to promotions, training, and job assignments.

Disparate Impact and Business Necessity

Application: The court found AAFES's mobility requirement had a disparate impact on female employees and was not a business necessity, thus supporting Shafer's claim of discrimination.

Reasoning: The mobility policy adversely affects female employees, raising questions about its relevance and necessity for job performance in UA-EMP positions, as established in Griggs v. Duke Power Co.

Employment Discrimination under Title VII

Application: The court examined claims of gender-based discrimination in promotions, training, and job assignments at the Army and Air Force Exchange Service (AAFES), finding discriminatory practices impacting female employees.

Reasoning: Neoma Shafer initiated an employment discrimination lawsuit against the Army and Air Force Exchange Service (AAFES), asserting that her non-promotion and unfavorable treatment in training and job assignments were due to her gender.

Statistical Evidence in Discrimination Claims

Application: Statistical analyses revealed significant disparities in promotion rates disadvantaging female employees, establishing a prima facie case of discrimination against AAFES.

Reasoning: Dr. Michael's analysis indicated that the promotion rate for women was 3.66 standard deviations below what would be expected if women were promoted at the same rate as men, with a probability of this result occurring by chance being effectively zero.

Subjectivity in Performance Evaluations

Application: The subjectivity in performance evaluations was identified as a potential source of discrimination against female employees, impacting their promotional opportunities.

Reasoning: Performance evaluations significantly impact promotion opportunities, with subjective judgment playing a considerable role.