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• Title: Mcmillan V. Massachusetts Society For Prevention Of Cruelty To Animals
• Author : First Circuit U.S. Court Of Appeals
• Release Date : January 18, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 91 KB

Description

We begin with an overview of general facts and prior proceedings, and leave more detailed recitations to the appropriate contexts. Defendant MSPCA is a charitable, non-profit organization that combats cruelty to animals through educational programs and veterinary services. It operates Angell Memorial Animal Hospital ("Angell"), whose staff, during the relevant time period, totaled more than 200 employees, including veterinarians, interns, residents in post-graduate veterinary training, and technical and support staff. Defendant Dr. Gus Thornton began working at Angell in 1957, and was its chief of staff from 1966 until 1989, at which time he became president of the MSPCA. Defendant Dr. Paul Gambardella worked as a staff surgeon at Angell from 1975 until 1984, and as the interim director of surgery from 1984 until 1989, when Dr. Thornton appointed him chief of staff. Plaintiff Dr. Marjorie McMillan was first employed by Angell in 1969 and thereafter was employed in various capacities until she left in 1977 to work in private practice. She returned in 1981 as the director of the radiology department, employed part time. She left Angell again in 1984 to spend one year completing coursework necessary for board certification and returned to Angell in 1985, again as director of radiology on a part-time schedule. From 1987 until 1991, she worked full time as head of radiology. In addition, from 1981 to 1991, she worked approximately seven hours each week at Windhover Bird Clinic ("Windhover"), a part-time private avian practice that she had established in Walpole, Massachusetts. Until 1988, Angell had seven veterinary departments: clinics, cardiology, intensive care, clinical pathology, pathology, surgery, and radiology. All of the departments were headed by veterinarians, who, in addition to fulfilling their clinical duties, also served as administrative directors of their departments. During this time, Dr. Thornton was responsible for negotiating veterinarians' initial salaries and for setting discretionary annual increases from a fixed amount of funds. Although the department directors were responsible for such tasks as purchasing equipment, training interns and residents, scheduling, and making budget and compensation recommendations to Dr. Thornton, all of the staff reported to Dr. Thornton rather than to the individual directors. In 1985 Dr. Thornton initiated a plan to restructure Angell's management, giving to the department directors greater responsibility, including the authority to make hiring, firing, compensation, and discipline decisions. As part of the reorganization, Dr. Thornton in 1988 consolidated Angell's seven departments into four departments: radiology, medicine, surgery, and pathology. Dr. McMillan did not know the salaries of other veterinarians employed by Angell until 1987, when she learned that the salary of a newly-hired radiologist was $38,000. Dr. McMillan, whose salary at that time was $41,000, consulted Dr. Thornton and requested a raise so that her compensation would be comparable to that of the other department heads. Dr. Thornton eventually offered Dr. McMillan a raise to $47,000, which she did not accept because she had been offered a $50,000 salary for a non-administrative veterinary position at Tufts University Veterinary School. Dr. Thornton then agreed to adjust Dr. McMillan's salary to $51,000, effective in January 1988. In 1989, Dr. McMillan discovered the disparity between her salary and that of the other department heads at Angell when a newspaper published a letter about the MSPCA that listed the various salaries. At the time, her salary was $58,000; her male counterparts in surgery, pathology, and medicine, by contrast, were earning $73,000, $80,244, and $73,199, respectively. On the basis of the salary disparity, Dr. McMillan filed a complaint with the Massachusetts Commission Against Discrimination.

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