cancelled in 1990 (see Finding 13). She bought engineered and complex products, including (among others) cable, instrumentation, public address systems and some service work. Marcing acted as buyer for different projects such as chemical and nuclear power plants. For those purposes she negotiated with vendors. Marcing took over as Project Procurement Manager for the Midland project in its windup phase, and she served in that capacity until her resignation from Fluor's employ. In summary, Marcing was well qualified to do the work of a Procurement Specialist III and more than satisfied Fluor's job requirements for that position.
22. Damon became a buyer with Fluor in January 1989. His prior work experience had included purchasing reproductive equipment, security systems, packaging components, boxes and chemicals. During the hiring process Bellamy assessed Damon only as an entry-level buyer. Damon had a college degree in an area unrelated to purchasing. Yet Damon's starting pay was $ 2,950 per month at the Procurement Specialist III level, although Marcing was earning only $ 2,810 per month in the same Procurement Specialist III job at that time. In January 1990 Damon's monthly salary was increased to $ 3,250, while Marcing's salary remained at its $ 2,810 level.
23. Riley became a buyer with Fluor in 1987. Riley like Marcing did not have a college degree. Riley's 1988 performance appraisal rated his performance between "acceptable" and "needs improvement," while his 1989 performance appraisal carried a rating of "below job expectations." Even though according to Fluor performance was a key ingredient in determining an employee's salary, Riley also consistently earned a higher salary than that received by Marcing.
24. Plans's background with Fluor was in expediting, a position that is less challenging than buying. In late 1989 Plans began to perform the duties of a buyer. Plans too did not have a college degree. Nonetheless Planz received a salary of $ 3,910 per month (again that was the period in which Marcing received $ 2,810 monthly).
25. Thus Marcing consistently received a lower salary than that received by any of her male co-workers in the Procurement Department who performed work similar to the work performed by Marcing. And even though Marcing had been employed by Fluor as a Buyer and Procurement Specialist longer than any of her male counterparts, Fluor chose (a) to cut her hours and benefits, (b) to treat her less favorably than her male counterparts and (c) to trigger her constructive discharge. In summary, in all material aspects Marcing was treated less favorably than similarly situated males.
26. Both after Marcing was assigned to part-time status and later after her employment with Fluor terminated, her male co-workers continued their employment with Fluor and performed the duties that had been carried out by Marcing. Within four weeks after Marcing's resignation from Fluor, it hired a full-time employee (also classified as a Procurement Specialist III) to perform the Administrative Procurement job. Riley, the male employee who had held that job while Marcing was on part-time status, resumed his full-time work on project buying. Yet Fluor did not offer that Administrative Procurement position to Marcing when it was informed of her intention to resign in March 1990.
27. In part Fluor has contended that Marcing failed to mitigate her damages by turning down the Administrative Procurement position in December 1989. But under all the circumstances referred to in earlier Findings, Marcing was reasonable in viewing the conditions of the Administrative Procurement position that Fluor offered to her in December 1989--conditions less favorable than those that Fluor then offered to a male co-worker--as not comparable to the project procurement position in which Marcing was employed in December 1989. Moreover, almost immediately thereafter (only one day later) Marcing told Fluor that she was willing to take the Salt City assignment, but Fluor then arbitrarily refused to reconsider its decision (as this Court finds it would not have refused but for Marcing's being an older female buyer) and forced her to take one of the already-described less favorable options. Because the option of part-time work then held out the prospect of Marcing's resumption of full-time project buying when conditions improved (as the Administrative Procurement job that Fluor offered to Marcing did not), she cannot be viewed as having failed to mitigate her damages by choosing the part-time option rather than Administrative Procurement.
28. Marcing located employment with the law firm of Pretzel & Stouffer and began employment there on March 25, 1990, shortly after her resignation from Fluor's employment. Marcing's position with Pretzel & Stouffer was as secretarial floater. That position terminated on May 30, 1990. Marcing's ensuing employment (in every instance as a legal secretary) comprised:
(a) working for Mora & Netzky from November 26, 1990 until February 28, 1992;
(b) working for Palmateer & Summer from March 1, 1992 until March 22, 1992; and