Chatha v. Prairie View A&M Univ., CIVIL ACTION NO. 4:14-cv-03234

DILJIT K. CHATHA. Plaintiff, v. PRAIRIE VIEW A&M UNIVERSITY, Defendant.

CIVIL ACTION NO. 4:14-cv-03234

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

August 10, 2016

MEMORANDUM AND RECOMMENDATION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

This matter was referred by United States District Judge Vanessa D. Gilmore, for full pre-trial management, pursuant to 28 U.S.C. § 636(b)(1)(A) and (B). (Docket Entry #8). In this case, Plaintiff Diljit Chatha ("Plaintiff," "Chatha") brings claims against Defendant Prairie View A&M University ("Defendant," "Prairie View," "the University") under Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. §§ 2000e, et seq., as amended by the Lilly Ledbetter Fair Pay Act of 2009¹ ("LLFPA," "the Act," "the Ledbetter Act"). She alleges that Defendant discriminated against her, on the basis of her race and her national origin, by paying her a lower salary than her African American colleagues. Pending before the court is a motion for summary judgment, which was filed by the University. (Defendant Prairie View A&M University's Motion for Summary Judgment ["Motion"], Docket Entry #28). Plaintiff has responded in opposition to the motion, and Defendant has filed a reply. (Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment ["Response"], Docket Entry #31; Reply Brief Supporting Defendant's Motion for Summary Judgment ["Reply"], Docket Entry #34). After considering the pleadings, the evidence submitted, and the applicable law, it is RECOMMENDED that Defendant's motion be GRANTED.

Background

Prairie View is a public university which was founded to promote the education of African American students. (See Plaintiff's Amended Original Complaint ["Amended Complaint"] at 3, Docket Entry #6; Motion at 6-7; Motion, Ex. B ["Ayyar Declaration]"² at 1). Plaintiff is a 70-year old, non-African American female, of Indian descent. (Amended Complaint at 2). She obtained a Master's Degree in British Literature from Jodhpur University, a Master's Degree in English from Texas Christian University, and a Ph. D. in English from Texas Woman's University. (Defendant Prairie View A&M University's Motion to Dismiss Pursuant to Rules 12(B)1 and 12(B)6 ["Motion to Dismiss"], Docket Entry #7) Exhibit ["Ex."] B ["EEOC Charge 1"] at 4). On September 1, 1987, Chatha began working as an "Assistant Professor" in Prairie View's English, Foreign Languages and Communications Department,³ for an annual salary of $31,000. (Amended Complaint at 2; See Motion, Ex. A ["Chatha Deposition"] at 27:15-17; Ayyar Declaration at 3; Motion, Ex. 7 ["Defendant's Interrogatory Response"] at 3). Chatha gained tenure in 1993. (Defendant's Interrogatory Response at 3). Later that year, she was promoted to Associate Professor, and to Full Professor in 2004. (Id.). Plaintiff claims that she has taught every undergraduate course offered in the University's English Department, as well as traditional, and online graduate courses. (Amended Complaint at 3, see EEOC Charge 1 at 7; Chatha Deposition at 38:20-39:4). She testified that she served as the Coordinator of English in 2002, and, in that capacity, she was assigned administrative and marketing tasks that were not assigned to other professors. (See Chatha Deposition at 151: 14-152:10, 152:15-153:8). Chatha stated that she has also restructured the graduate program in English,and that, in 2005, she received the A&M System Regent's Professor Award. (See Amended Complaint at 3; Motion to Dismiss, Ex. A ["EEOC Charge 2") at 3; EEOC Charge 1 at 6,7; Motion, Ex. 3 ["Plaintiff's Interrogatory Response"] at 4).

Over the course of her employment with the University, Plaintiff reported receiving only "very small" wage increases.⁴ (EEOC Charge 1 at 5). In a letter dated December 17, 2011, Plaintiff informed the University that she intended to retire in May, 2012, and she requested a reduced course load. (Ayyar Declaration at 8). The University granted her request, even though she was the only "Full Professor" in the English department. (Chatha Deposition at 145:2-4, 150:3-5). Plaintiff taught only two courses that semester, a total of six academic credit hours. (Chatha Deposition at 149:18-150:8; Ayyar Declaration at 3, 7). Despite having a reduced course load, Plaintiff received her full base salary,$6,828.49, per paycheck, or $61,457, annually. (Ayyar Declaration at 3, 6). Chatha retired from Prairie View on May 31, 2012. She received her last paycheck on June 1, 2012. (Chatha Deposition at 39:16-20).

Complaints of Discrimination

In 1992, Chatha wrote a letter complaining⁵ that the University paid her less than some of the African American professors who held the same, or lesser, credentials. (See Chatha Deposition 61:25-62:16; EEOC Charge 1 at 4). She alleges that when she requested equal pay, Prairie View assured her that she would receive a raise when the budget allowed. (EEOC Charge 2 at 3). However, as funds became available, Defendant failed to fulfill that promise. (Id.). Plaintiff alleges that, instead, the University paid a higher salary to Mr. William Chapman ("Mr. Chapman") and Dr. Blondell J. Freeman ("Dr. Freeman"), African American professors, of non-Indian origin, despitetheir "inferior qualification[s], [] experience[,] and [] teaching assignments[.]"(Id. at 2). Chatha also claims that she has been paid a lower salary than Boyd Minner ["Mr. Minner"], another professor in the English Department, Dr. Martha Bailey ["Dr. Bailey"], a professor in the Curriculum and Instruction ["Education"] Department, Dr. Loretta Foster ["Dr. Foster"], a Mathematics professor, and Dr. Clarissa Booker ["Dr. Booker"], a professor in the Education Department. (Chatha Deposition at 136:11-17, 140:15-17; Ayyar Declaration at 4-5; Motion, Ex. 3 ["Plaintiff's Interrogatory Response"] at 5).

Colleagues in the English Department

Dr. Blondell J. Freeman received a Doctor of Arts, and began working in the Prairie View English Department in 1989. (EEOC Charge 2 at 2; Chatha Deposition 50:20-22). She became a tenured professor in 1996, and she retired from the University on August 31, 2007. (Ayyar Declaration at 4; Defendant's Interrogatory Response at 7). William Champan was hired by Prairie View in 1966, and became a tenured associate professor in 1991. (Defendant's Interrogatory Response at 7). He retired from the English Department on May 31, 2003,⁶ and he died on July 3, 2014. (Ayyar Declaration at 4; Chatha Deposition at 56:11-18). At her deposition, Chatha testified that she knew that Mr. Chapman had obtained a Master's Degree in English. (Chatha Deposition at 56:9-10). Plaintiff claimed that she was paid at least $10,000-$12,000 less than Dr. Freeman and Mr. Chapman.⁷ (Plaintiff's Interrogatory Response at 4). Boyd Minner, another professor in Prairie View's English Department, held a graduate degree, and he retired from the University on July 31, 2001. (Ayyar Declaration at 4; Plaintiff's Interrogatory Response at 6).

Professors Outside of the English Department

Dr. Martha Bailey, a professor in the University's Education Department, retired on August 31, 2008. (Id.).⁸ Dr. Clarissa Booker, another professor in the University's Education Department, also serves as the Coordinator of Reading Programs. (Ayyar Declaration at 4). Dr. Booker earned a Master's Degree in Reading from the University of Northern Colorado, and holds a Doctor of Education in Reading from the University of Houston. (Id.). During the 2011-2012 academic year, she taught a full, twelve hour, academic course load. (Id. at 4, 10-15). Plaintiff contends that her own "contribution to [the University's] Teacher Education program is comparable" to Dr. Booker's, but that, on average, Dr. Booker's salary was $25,000-$30,000 higher than her own. (Plaintiff's Interrogatory Response at 4; see also Chatha Deposition at 159:15-20).

Dr. Laurette Foster is a professor in the University's Mathematics Department. (Ayyar Declaration at 4). She obtained a Master's Degree in Mathematics Education from Virginia State College, and a Doctorate of Education in Mathematics Education from the University of Houston. (Id.). During the 2011-2012 school year, Dr. Foster taught the equivalent of fifteen academic credit hours. (Id. at 4-5). In addition to teaching two classes, she managed the Center for Teaching Excellence and the Quality Enhancement Program in the Office of Academic Affairs. (Id.). Under the University's compensation policy, Dr. Foster was entitled to additional pay for teaching more than the typical, twelve credit hour course load. (Id.). Plaintiff testified that she was unsure of Dr. Foster's salary in Spring, 2012, but conceded that, generally, math professors are paid more than English professors. (Chatha Deposition 144:18-23, 149:16-150:9).

Procedural History

First EEOC Complaint

According to Plaintiff, she did not file a discrimination charge with the Equal Employment Opportunity Commission ("EEOC") immediately after learning that she was paid less than her colleagues, because she wanted to focus on her teaching. (Chatha Deposition at 63:9-13, 68:15-69:7). Chatha also testified that she chose not to file an EEOC claim then, because she thought that doing so would be "too much of a hassle[.]" (Chatha Deposition at 74:21-75:1, 102:15-19). However, on September 25, 2006, Plaintiff did file her first complaint with the EEOC. (See Motion to Dismiss at 7; see, generally EEOC Charge 1). In that complaint, she alleged that Prairie View had discriminated against her on the basis of her race and her national origin. (EEOC Charge 1 at 3). In support of that allegation, she claimed that she was the lowest paid professor in the College of Arts and Sciences; that she was the lowest paid full professor at the University; and that she was the lowest paid member of the University's graduate council. (Id.). She claimed further that she was a senior faculty member in name only, and that preferential treatment...