PIASCIK v. CLEVELAND MUSEUM OF ART No. C76-155.
426 F.Supp. 779 (1976)
Helen PIASCIK, Plaintiff, v. CLEVELAND MUSEUM OF ART, Defendant.
United States District Court, N. D. Ohio, E. D.
December 2, 1976.
Charles E. Guerrier, Barbara Kaye Besser, Jane M. Picker, Barbara H. Mitchell, Cleveland, Ohio, for plaintiff.
George M. Austin, Earl M. Leiken, Susan Jaros Stevens, Hahn, Loeser, Freedheim, Dean & Wellman, Cleveland, Ohio, for defendant.
MEMORANDUM OF OPINION
MANOS, District Judge.
On February 17, 1976 plaintiff Helen Piascik, a woman, initiated an action charging the defendant Cleveland Museum of Art with rejecting her application for employment because of her sex in violation of 42 U.S.C. § 2000e, et seq.; 20 U.S.C. § 1681, et seq.
In August, 1973 the Cleveland Museum of Art [Museum] desired to hire three security guards and listed these employment opportunities with the Ohio Bureau of Employment Services. In late September, 1973, the Museum developed two openings for night watchmen. Guards and watchmen perform the similar security function of guarding the Museum's valuable art treasures, however, guards' hours and working conditions differ from those of watchmen. The guards are generally assigned to specific posts within the Museum during the daytime when it receives visitors. Watchmen work at night, checking entrances to make sure that they are locked and securing the building from damage. On the morning of September 19, 1973 Robert Singleton began work in one of the guard positions, and on
On September 21, 1973 plaintiff Piascik went to the Museum to interview for the job of security guard. She was told to apply for the job by Miss Catherine Gaethers, a social worker at St. Luke's Hospital, who thought the Museum had an opening for a guard. Mrs. Piascik spoke with Captain McGuigan of the Museum's security staff who discussed guard duties with her and who also discussed whether women were employed as security guards in the Museum.
Miss Catherine Gaethers testified that she is a social worker in the psychiatric department of St. Luke's Hospital and in 1973 she counseled Piascik who suffered from repeated nose bleeds for which no organic diagnosis was found. The hospital staff had diagnosed Piascik's problem as psychologically based probably caused by the stress she suffered from a prolonged period of unemployment and financial problems. Gaethers concluded that the best therapy for Piascik would be to obtain employment for her. Believing that the Art Museum had three openings for guards, Gaethers discussed such employment with Piascik and persuaded her to apply. Gaethers phoned the Museum and spoke with Captain McGuigan, who indicated that the Museum needed security personnel. After encountering some difficulty with McGuigan, Gaethers spoke with Albert Grossman, the Museum's operations administrator, who told her that women were not employed as security guards by the Museum. Despite the difficulty she encountered with the Museum officials Gaethers instructed Piascik to apply for the job. Gaethers testified that after Piascik was interviewed by McGuigan she told Gaethers that McGuigan said that the Museum did not hire women as security guards. Armed with this information from Piascik, Miss Gaethers sent Dr. Herman E. Lee, Director of the Museum, a letter dated September 21, 1973, which states in part:
Gaethers testified that shortly after she sent her letter Lee advised her by phone that McGuigan was in error, and that the Art Museum considered women candidates for the position of security guard. Gaethers also claims that the following day Lee admitted the truth of her charges with respect to McGuigan's conduct and reprimanded him.
Albert Grossman, Operations Administrator of the Museum, testified that he possessed absolute authority over hiring guards and watchmen and that the criteria for hiring were reliability, honesty and trustworthiness. Despite the absence of a guard opening when Grossman received Mrs. Piascik's completed employment application, he nevertheless processed her application, i. e., checked her employment history and recommendations, because Director Lee instructed him to process it. In the course of processing Piascik's application Grossman learned that she did not leave her previous place of substantial employment, at the Davis Bakery, because of a "disagreement," as she indicated on her Museum application,
Lee testified that after Piascik's employment application was processed, he decided that she should not be hired by the Museum, because of her prior discharge by the Davis Bakery for failure to follow the employer's policies with respect to handling cash at a cash register.
PIASCIK WAS NOT DENIED EMPLOYMENT BECAUSE OF HER SEX
Plaintiff Piascik charges that she was denied employment as a security guard at the Cleveland Art Museum because of her sex. However, the Court finds that the three security guard positions which were available at the Museum in August, 1973 were filled by the close of business on September 21, 1973, the day on which Piascik first inquired about those positions from the Museum,
The Court also concludes that the Museum employment officials, at Director Lee's express order, processed Piascik's employment application for a position, despite the fact that it had no guard openings, anticipating that she might qualify for other employment at the Museum, such as the similar position of "night watchman," for which two vacancies materialized on approximately September 20, 1973. See, Grossman's testimony. However, before the watchmen positions were filled, and while the Museum was processing Piascik's application, Museum officials discovered that she failed to candidly disclose in her application that she was terminated from her employment at Davis Bakery for failing to adhere to employer policy regarding the handling of cash at cash registers and that as a consequence Davis would not rehire her. See, Joint Exhibit 6 (Forms Letters dated September 26, 1973 and November 20, 1973; compare, Piascik's Museum Employment Form, p. 2); Grossman's testimony. Subsequently Dr. Lee
This Memorandum of Opinion is adopted as findings of fact and conclusions of law pursuant to Fed.R.Civ.P. 52(a).
IT IS SO ORDERED.
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