Cornelia WARD, Appellant, v. WESTLAND PLASTICS, INC., Et Al., Appellees

Cornelia Ward brought this action against her former employer, Westland Plastics, complaining of sex discrimination in compensation, working conditions, and discharge in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., and the equal pay provision of the Fair Labor Standards Act, 29 U.S.C. § 206 (d). After two lawyers withdrew from the case, Ward proceeded to trial, acting as her own attorney. The court awarded judgment for the defendant on the Title VII claim, following the jury’s advisory verdict. The court also gave the employer judgment on the equal pay claim on the jury verdict. Ward appeals from both judgments, charging that the court erred as to the law in several respects, that the judgments are not supported by the evidence, and that the court’s conduct during trial was prejudicial. We affirm.

I. Defense of “Business Necessity.”

Ward contends that the trial court erroneously defined the defense of “business necessity.” The term “business necessity” is usually reserved for the affirmative defense available to a Title VII defendant once it has been established that the employer’s practice or policy has disparate adverse impact on a…