U.S. Equal Emp't Opportunity Comm'n v. Enoch Pratt Free Library

509 F.Supp.3d 467

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,

v.ENOCH PRATT FREE LIBRARY et al., Defendants.

Civil Action No. 8:17-cv-02860-PX

United States District Court, D. Maryland.

Signed December 23, 2020

Lauren J. Kelleher, Debra Michele Lawrence, U.S. Equal Employment Opportunity Commission, Baltimore, MD, Maria Salacuse, US Equal Employment Opportunity Commission Office of General Counsel, Washington, DC, for Plaintiff.

Cheryl Simpson Parker, Justin Sperance Conroy, Baltimore City Department of Law, Baltimore, MD, for Defendants.

MEMORANDUM OPINION

Paula Xinis, United States District Judge

This Equal Pay Act case concerns the salaries paid to the Librarian Supervisors employed at Baltimore's Enoch Pratt Free Library. Plaintiff United States Equal Employment Opportunity Commission ("EEOC") brought suit on behalf of five female librarians ("Claimants")¹ , asserting that the Library failed to pay the Claimants an equal salary for equal work, in contravention of the Equal Pay Act of 1963 ("EPA"), 29 U.S.C. § 206(d)(1). ECF No. 1.

At trial, the EEOC's liability theory was straightforward. It maintained that the Library violated the EPA because it paid a male Librarian Supervisor-1 (LS-1), Willie Johnson, more than the five female Claimants for performing the same work. The Defendants, in response, maintained that the EEOC could not demonstrate the work performed was indeed sufficiently similar to trigger an EPA violation, and even if it could, any pay differential was based on "a factor other than sex" or for reasons other than because Johnson is a man.

After reviewing the evidence, testimony, and argument, the Court concludes that Defendants have violated the EPA and Claimants are entitled to an award of the stipulated back wages and liquidated damages. The Court begins with its findings of fact and then turns to its conclusions of law.

I. Findings of Fact

A. Librarian Supervisor-1 Position at Enoch Pratt

The Enoch Pratt Free Library is the public library system for Baltimore City, consisting of twenty-one separate branches and two mobile Library vehicles. See Trial Tr. Vol. III, 20, 26. Although branches differ in the size of the structure, collections, and demographics of the neighborhood population served, each employs at least one branch manager, generally a Librarian Supervisor-1 ("LS-1"), who is tasked with the day-to-day administration of the branch. Id. , 16, 20, 26.

The training, experience, and qualifications for the LS-1s are largely the same. All LS-1s must have, at a minimum, a Master's Degree in Library Science or Library Information Sciences. Additionally, LS-1s must have amassed at least three years’ work experience in a library setting, with at least one year spent supervising library staff. Pl. Exs. 15-22.

At the Library, all LS-1s also share a common core of duties in five domains: (1) supervising staff, (2) facilities management, (3) overseeing the book and media collection, (4) community outreach and programming, and (5) communicating with the Library's administrators. See, e.g. , Trial Tr. Vol. I, 46-47; Vol. II, 16-17; Pl. Exs. 28-33. As to supervision, all LS-1s perform essentially the same function. See Pl. Exs. 22, 28-33; Trial Tr. Vol. I, 208-09. They create staff schedules and track leave schedules of Library employees to ensure their respective branches are appropriately staffed. Trial Tr. Vol. I, 47. They also perform regular staff evaluations and make recommendations for staff trainings, professional growth, and, when necessary, disciplinary action. Trial Tr. Vol. I, 47, 144-45; Vol II, 28-29.

As to facilities management, LS-1s maintain the branch's physical facilities by directing custodial and maintenance staff efforts to keep the physical space clean and the branch's technology fully functional. This often requires communicating with Library administration to set up repairs and maintenance. Trial Tr. Vol I, 48-49, 205; Vol. II, 17-18. LS-1s also must handle such varied issues as broken heating and cooling systems, electrical outlet problems, computer technology malfunctions, building damage, and more. See Trial Tr. Vol. I, 48-49; Vol. II, 17-18, 96. In recent years, certain branches in the system underwent major renovations, during which the LS-1s worked with architects on building designs and layouts, ordered new branch supplies, and coordinated efforts to move and store collections materials. See Trial Tr. Vol. I, 197; Vol. II, 95-96.

Regarding collections, all LS-1s must ensure the books and media available are updated and reviewed at the LS-1's respective branch. Each branch receives a monthly "Dusty Book" report, highlighting specific areas in the Library's collections that may need attention. Trial Tr. Vol. I, 149. LS-1s then cull their collections, getting rid of outdated or damaged books, and consider adding new materials based on community needs. Id. ; Vol. II. 34-35.

All LS-1s also must oversee any branch-specific programming activities, and public outreach efforts. Trial Tr. Vol. I, 49, 100-01; Vol. II, 106. Every branch hosts a variety of adult and children's programs throughout the year. See, e.g. , Trial Tr. Vol. II, 24-25. These activities include children's after school and homework programs, adult financial literacy, art, and fitness classes, and reading programs. Trial Tr. Vol. I, 49, 88; Vol. II, 49, 106. For this programming, LS-1s reach out to schools, local businesses, and community organizations in the surrounding neighborhood to drum up interest in the branch's various programs. Trial Tr. Vol. I, 49, 77. LS-1s also ensure that the facilities and staff are equipped to host the programs. Trial Tr. Vol. I, 76; Vol. II, 44.

Each branch hosts, and the LS-1s direct, volunteers who aid in Library programs—such as tutoring—and with general projects. Trial Tr. Vol. I, 71-73; Vol. II, 112. Some volunteers are associated with "Friends" groups, which are non-profit organizations dedicated to supporting branches financially and with volunteers. Trial Tr. Vol. I, 57-58; 224; Vol. II, 33-34 (discussing the Friend of the Brooklyn Library group). While all branches have volunteers, not all branches have "Friends" groups. Trial Tr. Vol. I, 57-58. For those branches that do, LS-1s work closely with the groups to coordinate volunteers and develop programs, all the while carefully handling the relationship between the Library and the organizations. Trial Tr. Vol. I, 57-58; Vol. II, 34.

As to communication with Library administrators, LS-1s are the primary point of contact between the Enoch Pratt administration and the branches. For example, every LS-1 must generate monthly and other periodic reports regarding staffing, collections management, and circulation size. Trial Tr. Vol. I, 206; Vol. II, 21-22. They also enter branch staffs’ time and leave into the Library's "e-time" payroll system. Trial Tr. Vol. I, 144-45; Vol. II, 28. Relatedly, the LS-1s attend regular meetings and retreats together where they discuss strategic planning and programming. Trial Tr. Vol. I, 53-55, 206-07, 215.

Given the substantial similarity of duties among all LS-1s, it is not surprising that the Library treats all LS-1s as fungible. The Library does not recruit LS-1s for specific branch openings; rather, job postings are generalized to the position. Trial Tr. Vol. II, 38, 140; Vol. III, 55-56; see, e.g. , Pl. Exs. 20-22. Likewise, the Library transfers LS-1s from branch to branch, on a short- or long-term basis, and wherever they are needed. Transfers are effectuated often with little notice, and the transferring LS-1 has little say in the transfer. Trial Tr. Vol. III, 28-30; Vol. II, 83-4. LS-1s also regularly act as substitutes for one another across branches. Trial Tr. Vol. II, 30. When an LS-1 transfers or acts as a substitute, the Library does not provide any branch specific training, nor does the LS-1's pay change at all. Id. 29-32; Vol. III, 58. Indeed, LS-1s remain in the same employment category whether they worked at a branch on a permanent or substitute basis. Trial Tr. Vol. I, 188-89; Vol. II, 31-32.

B. Citywide Changes in Salary Policy

In July 2014, City agencies, including the Library, implemented a new citywide salary system that applied to all city Managerial and Professional Society (MAPS) positions. Def. Exs. 6, 7; Trial Tr. Vol. III, 142. MAPS is a public employee society made up of city employees who work with City and labor officials regarding changes to employee benefits. Trial Tr. Vol. IV, 11-12. Under the prior salary plan, employees were paid according to a step system whereby employees’ salaries increased based on years of service. Trial Tr. Vol. IV, 8-9. In contrast, the new salary policy, AM 205-20, gave agency human resources departments broader discretion in setting starting salaries to make the city positions more competitive in recruitment and retention. Trial Tr. Vol. III, 141-42; Vol. II, 168.

Under AM 205-20, agencies such as the Library could offer a new employee a starting salary at any point within a prescribed salary range. These ranges were fixed by position and delineated a minimum, midpoint, and maximum salary available. Trial Tr. Vol. IV, 9; Vol. II, 168-70. When hiring new MAPS employees, an agency could independently offer salaries up to the mid-point for the position, but any salaries above the mid-point required prior approval by the City's human resources department. Trial Tr. Vol. IV, 13, 15; Vol. V, 54-56. At the Library, applicant qualifications and any unique or important attributes relevant to certain Library needs often resulted in salary offers somewhere above the minimum but below the midpoint. Trial Tr. Vol. V, 53-55, see also Vol. IV, 45.

When AM 20-205 was issued, the City human resources department circulated written guidance on its implementation. This guidance cautioned agency human resources departments that the new policy could result in pay disparities between new hires and existing employees. Pertinent to this case,...