that the training of Mrs. Hyde would have led to a promotion. After further questioning, he modified his statement to the effect that plaintiff would have been recommended, presumably by him, for a raise based upon her assumption of more responsible duties, but would not have assumed the position of claims supervisor. Consequently, I conclude that Mr. Zucosky never specifically told Mrs. Hyde that she was in training for the job of claims supervisor.
Plaintiff contends that had she been given on-the-job training she would have been able to assume the full duties of a claims supervisor. I find that given the way in which the company operated, it did not have the ability to train claims supervisors. It used outside or independent adjusters to do the investigative field work, make reports and/or to recommend levels of settlement. For that reason, it was not unreasonable or discriminatory for the company to seek an experienced adjuster to fulfill the responsibilities of claims supervisor.
Plaintiff also urges that the college degree and three to five years of adjusting experience requirements for the job be found non-job related. Based upon the record evidence, I cannot find that plaintiff has carried her burden in this respect. Considering the job performance requirements of the position, I cannot say that the hiring requirements are arbitrary, unreasonable or a pretext for sex discrimination. For example, there was no evidence that females in the workforce today are disproportionately underrepresented in terms of college degrees or that industry-wide there are no female claims adjusters, although they may be few. That Protective has not received an application from any female claims adjuster for the position of claims supervisor has not been shown to be to be indicative of discriminatory non-hiring intent. The absence of qualified female applicants to Protective may be the result of scarcity of numbers of female adjusters in the workforce and does not necessarily imply that Protective preferred males for the position of claims supervisor. Protective does have female managers on the underwriting side of the business, which has not been shown to be any less important than the claims side. The Secretary-Treasurer of the company is female and over 40.
Mrs. Hyde points to her inability to get a job in the insurance industry after she left Protective as evidence of her being blackballed. However, she had applied for positions as a claims adjuster, a position for which she was not qualified. Once she applied for secretarial positions, she was hired, albeit not by an insurance company. Consequently, I find that it was plaintiff's applying for positions for which she was not qualified, and not blackballing, that hindered her progress in obtaining subsequent employment.
In conclusion, plaintiff has failed to show that either sex and age discrimination played a "but for" role in Protective's employment decisions concerning her.
Accordingly, judgment shall be entered in favor of defendant and against plaintiff.
An appropriate order follows.
AND NOW, this 20th day of November, 1984, for the reasons stated in the accompanying memorandum, it is hereby ORDERED that JUDGMENT is entered in favor of defendant and against plaintiff.
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