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CASSANO v. DESOTO

July 19, 1994

KARYN A. CASSANO, Plaintiff,
v.
DeSOTO, INC., et al., Defendants.



The opinion of the court was delivered by: MILTON I. SHADUR

 Mark Renfro ("Renfro") and T. Farrell Shoffeitt ("Shoffeitt") have moved for summary judgment against Karyn Cassano ("Cassano"), seeking to be dismissed from her Title VII *fn1" Complaint charging them as well as DeSoto, Inc. ("DeSoto") with sex discrimination. For the reasons stated in this memorandum opinion and order, their motion is denied.

 Facts2

 Cassano's assertions of discrimination presented to EEOC (as reflected in her Affidavit, P. Ex. B) expressly identify both Renfro and Shoffeitt as the architects of DeSoto's assertedly discriminatory adverse employment action:

 
I began my employment with the above named Respondent [DeSoto] in March of 1980, where my most recent title was Personnel Administrator. Up until the beginning of June of 1991, Dan Zacharski was the Director of Office Services and my immediate supervisor. In my May of 1991 performance review, Zacharski recommended that I be considered for exempt status in 6 to 7 months, which would have entitled be [sic] to a higher salary and better benefits. In early June of 1991, shortly after control of the company changed hands, Zacharski was let go. In May of 1991, Mark Renfro became the new Human Resources Director and after Zacharski left, Renfro became my immediate supervisor.
 
From June of 1991 until January 24, 1992, I performed all of Zacharski's former duties as Director of Office Services. On or about January 6, 1992, I was denied a salary increase and promotion to exempt status by Renfro and the new Chief Operating Officer - T. Farrell Shoffeitt, and for this reason gave notice of my resignation on the same date.

 Cassano's Charge of Discrimination (P. Ex. A, prepared by EEOC by typing information onto its printed form and then having it signed by Cassano) named only DeSoto itself in the box provided immediately below the legend reading "Named as the employer, labor organization, employment agency, apprenticeship committee, state or local government agency who discriminated against me." But here is what Cassano testified at her deposition in this case (Dep. 130-31, 134):

 
Q. Take a look at it. Is that your signature at the bottom of your charge of discrimination?
 
A. Yes.
 
Q. You signed that on July 6, 1992?
 
A. Yes.
 
Q. Did you decide at that time to sue Mark Renfro?
 
A. Yes.
 
Q. Where is his name down as a Defendant or a Respondent to your charge ...

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