Position Reassignment Free of Unfair Discrimination

Veronica Town (Town) worked for Bell Telephone Company (Bell). Town initiated an opportunity for a job transfer. After an interview with Bell, they offered her the job. However, when Town learned the work schedule involved four 12-hour shifts, she had to decline. She provided care for her husband, who was suffering from a serious health condition. The required work schedule would not have been a good fit. Instead, she accepted a position as a manager in another area.

About a year later, Town learned she was being transferred to the position she had initially turned down. Because of organizational changes, her position as manager was being consolidated into another job. The consolidated managerial position was given to a 35-year-old male. Town felt forced to resign and took early retirement at age 49. She filed suit against Bell, citing both age and sex discrimination.

The jurisdiction of the suit bounced between state and federal court, finally ending within state jurisdiction. A trial was held with a verdict in favor of Town. Bell appealed.

Upon appeal, the company requested a directed verdict (please see note below). Bell contended there was a valid adjustment to their workforce. The reduction created the need for consolidation and transfer. Both employees were qualified for the combined position. However, Town was not selected for the consolidated position because, in the company’s opinion, her performance was not as strong or efficient as that of the person who was given the job.

Town could not produce evidence that age or sex entered into the decision. The Michigan Supreme Court reversed the lower court, ruling in favor of Bell.

Editor’s Note: A directed verdict refers to a judicial decision usually made after a plaintiff’s completed argument. If the argument lacks sufficient support/evidence, the court, essentially, dismisses the action.

Veronica Town, Plaintiff-Appellant, vs. Michigan Bell Telephone Company, Defendant-Appellee, Michigan Supreme Court, Lansing, Michigan, No. 97-102845, July 31, 1997.