must be some evidence as to when and how long the individual actually labored under said disability.
Very simply, the court is not sufficiently informed as to whether any of the individuals listed were in fact sick or disabled and if so, when and for how long. In view thereof, the court is of the considered opinion that the plaintiff has failed to establish that those employees listed were in fact similarly situated to Harriet Baum.
Finally, the court can find no merit to plaintiff's contention that Harriet Baum was discharged from her employment in retaliation for her filing charges for discrimination with the Equal Employment Opportunity Commission.
The record reflects that Mrs. Baum's leave of absence was to have expired on November 30, 1973 and that on November 23, 1973, she received a phone call from defendant advising her that her position at the clinic had been eliminated because of a cut in monies which the hospital was to have received from the Allegheny County Mental Health/Mental Retardation Program to operate the Developmental Clinic. Even after a full and fair opportunity had been afforded to the plaintiff, the court is unpersuaded that Mrs. Baum's termination by defendant was in retaliation for her voicing opposition to the hospital's sick pay policies and the filing of a charge with the Equal Employment Opportunity Commission.
The court is satisfied that under all the facts and circumstances defendant's decision to terminate some of its personnel to accommodate for the cut in funding was done for a justifiable economic reason, and the court can find nothing in the record to support plaintiff's contention that defendant's reason for dismissing Mrs. Baum was pretextual. Although the record reflects that the defendant hospital did not experience as great a cut in funding as it had expected, this fact was not known to the defendant at the time the positions were eliminated in the Growth and Developmental Clinic. Defendant hospital terminated Mrs. Baum's position on the good faith and belief that their funding had been reduced and it was not until sometime subsequent to her termination that defendant was informed that part of their funding had been restored. Very simply, the court is convinced that after a most careful review of the record, that there is no basis upon which the court can conclude that the termination of Mrs. Baum was the result of retaliation on the part of the defendant. On the contrary, the record reflects that the sole basis for defendant's actions was founded on economic considerations.
Accordingly, the court can find no basis for the awarding of any damages or back pay since Mrs. Baum's termination was not the result of retaliation on the part of defendant.
In view thereof, Harriet Baum is entitled to receive payment for her accumulated sick days as computed below:
166 hours (accumulated sick days in hours for 1973) X
5.19 (rate of pay per hour in 1973) = $861.87
Findings of fact and conclusions of law have not been separately stated but are included in the body of the foregoing opinion as specifically authorized by Rule 52(a) of the Federal Rules of Civil Procedure.
An appropriate order is entered.
AND NOW, this 30th day of June, 1976, judgment is hereby entered in favor of Harriet Baum only and against the defendant, Children's Hospital of Pittsburgh, for payment of accumulated sick days in the amount of $861.87 with interest at the rate of 6% from the date she officially began her leave of absence.
IT IS FURTHER ORDERED AND DECREED that judgment is hereby entered in favor of the defendant, Children's Hospital of Pittsburgh, and against the plaintiff Equal Employment Opportunity Commission, for any and all claims presented in behalf of those persons other than Mrs. Harriet Baum.
AND NOW, this 1st day of July, 1976, the court, through an apparent oversight, failed and neglected to refer in its order of June 30, 1976 to make any reference to plaintiff's request for injunctive relief.
IT IS FURTHER ORDERED AND DECREED that Children's Hospital, its officers, agents, employees, successors, assigns and all persons in active concert or participation with it, are hereby permanently enjoined from denying any female employee from using accumulated sick days for any pregnancy related or childbirth disability upon proof and application of same.