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Shafer v. Army & Air Force Exchange Service

The sufficiency of the special master's findings is an issue that must first be determined by the district court.

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Appeals from the United States District Court for the Northern District of Texas

This appeal arises out of a Title VII and contempt action filed by Judith Ann Parks against the Army & Air Force Exchange Service (AAFES). Parks’ individual action was originally part of a larger Title VII class action suit alleging sex discrimination against AAFES. In resolving the class action, the district court determined that AAFES’ policies had a disparate impact on a class of female employees employed after 1972, and that this class of employees had received differing treatment with respect to placement and promotion. See Shafer v. AAFES, 667 F. Supp. 414, 433 (N.D. Tex. 1985). After the class action decision, the district court assigned Parks’ individual claims of non-promotion to a Special Master. In 1988, based on the Special Master’s recommendations, the district court entered an order requiring AAFES to retroactively promote Parks, mandating that the company amend her personnel records to reflect those retroactive promotions, and enjoining AAFES from retaliation against her.

On June 27, 1994, Parks filed a contempt motion against AAFES claiming that the company had not complied with the district court’s 1988 order. Pursuant to Fed. R. Civ. P. 53, the district court once again referred Parks’ claims to the same Special Master. Shortly thereafter, on August 4, 1994, Parks filed a separate lawsuit alleging new instances of discrimination and retaliation distinct from the claims resolved by the court’s 1988 order. This second lawsuit was transferred to the original Shafer court. The Special Master then heard both the contempt claims arising out the original lawsuit as well as the new claims in one proceeding.*fn2

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