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DAVIS v. DEVEREUX FOUND.

January 3, 1986

DOROTHY J. DAVIS
v.
DEVEREUX FOUNDATION



The opinion of the court was delivered by: WEINER

 WEINER, J.

 Plaintiff, Dorothy J. Davis, brought this action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. alleging that defendant Devereux Foundation has discriminated against her on the basis of sex. Presently before the court are defendant's motions for summary judgment and to strike plaintiff's demands for a jury trial and for compensatory and punitive damages.

 The plaintiff's complaint filed July 26, 1985, contains the following factual allegations.

 Plaintiff is a white, female citizen of the United States who, at the time this action arose, was a resident of Pennsylvania. She is presently residing in New Jersey. Defendant is a non-profit organization existing by and under the laws of the Commonwealth of Pennsylvania. It is a residential treatment center for mentally and emotionally disturbed persons. Plaintiff was hired by defendant as a guidance counselor at the defendant's Brandywine Campus effective August 30, 1982. Defendant terminated her employment on April 15, 1983 because of alleged budget cuts, alleged changes in the composition of the job and the alleged necessity of having a male in the position who could physically discipline the students. After plaintiff's termination, the budget was not cut, the composition of the job was not changed but a male was hired to take plaintiff's position. On July 11, 1983, plaintiff filed a complaint with the Pennsylvania Human Relations Commission (PHRC). On September 15, 1983 plaintiff filed a complaint with the Equal Employment Opportunity Commission (EEOC). (EEOC Charge No. 031-833713) In each complaint, plaintiff alleged she was the victim of sex discrimination. As a result of counseling by the EEOC, plaintiff and defendant entered into a conciliation agreement on November 10, 1983 by which defendant agreed to reinstate plaintiff in a lesser position in return for plaintiff's agreement to drop all charges against defendant. Pursuant to this agreement, plaintiff was reinstated by defendant on November 15, 1983. After a long period of criticism and harassment, defendant once again terminated plaintiff's employment on January 5, 1984. As a result, plaintiff again filed charges with the PHRC on February 3, 1984 and with the EEOC in April of 1984. (EEOC Charge No. 031-841641) Plaintiff received a right-to-sue letter from the EEOC on May 29, 1985 notifying her of her right to bring suit in federal district court.

 The plaintiff's complaint sets forth the following claims for relief:

 
(1) A claim for employment discrimination on the basis of sex pursuant to 42 U.S.C. §§ 2000e et seq., commonly referred to as Title VII of the Civil Rights Act of 1964. A claim that defendant has taken retaliatory action against plaintiff for filing and pursuing charges before the EEOC and the PHRC.
 
(2) A claim for deprivation of due process and the equal protection of the laws in violation of the Fifth, Thirteenth and Fourteenth Amendments.
 
A claim that by acting in concert, defendant and its servants violated the mandates of the Civil Rights Act of 1866, as amended, 42 U.S.C. § 1985 by depriving plaintiff of the equal protection of the laws and equal privileges and immunities under the laws because of her sex.
 
(3) A claim that defendant violated plaintiff's rights under the First Amendment as applied to the states through the Fourteenth Amendment by taking retaliatory action against plaintiff.
 
(4) (5) State law claims for wrongful discharge and intentional infliction of emotional distress which plaintiff asks us to consider under the doctrine of pendent jurisdiction.

 In her prayer for relief, plaintiff seeks a declaratory judgment, declaring the practices of the defendant to be in violation of the Constitution and the laws of the United States of America as well as the laws of the Commonwealth of Pennsylvania. Plaintiff also asks this court to require defendant to employ her in the most appropriate position with complete adjustment for pay, benefits, seniority and promotion. Plaintiff further seeks compensatory and punitive damages including, but not limited to loss of wages, past and future, with interest as well as damages for humiliation and emotional distress. Finally, plaintiff is seeking the costs of the suit and reasonable attorney's fees. For the reasons which follow, we shall grant defendant's motions to dismiss plaintiff's sex discrimination charge under Count I of her complaint as well as Counts II, III, IV, V in their entirety. We shall also grant defendant's motion to strike plaintiff's demand for a jury trial and for compensatory and punitive damages. This matter shall therefore proceed to trial on the issue of defendant's alleged retaliation under Title VII of the Civil Rights Act of 1964.

 To prevail upon a motion for summary judgment, the moving party must conclusively demonstrate to the court's satisfaction that there exists no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Major's Furniture Mart, Inc. v. Castle Credit Corp., 602 F.2d 538, 539 (3d Cir. 1979); Drexel v. Union Prescription Centers, Inc., 582 F.2d 781, 784 (3d Cir. 1978). We must view the evidence in the light most favorable to the party opposing the motion. Bishop v. Wood, 426 U.S. 341, 347 n.11, 48 L. Ed. 2d 684, 96 S. Ct. 2074 (1976); United States v. Diebold, Inc., 369 U.S. 654, 655, 8 L. Ed. 2d 176, 82 S. Ct. 993 (1962); Drexel v. Union Prescription Centers, Inc., supra at 784.


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