Jerrold I. Patee, Jr., Allan R. Jones, Jr., and Michael J. Nowak v. Pacific Northwest Bell Telephone Company

Appellants Jerrold I. Patee, Jr., Allan R. Jones, Jr., and Michael J. Nowak (hereinafter collectively referred to as the male employees) appeal the dismissal of their claim for sex discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. against Pacific Northwest Bell Telephone Company (hereinafter Pacific Bell). The male employees alleged in their complaint that they are now paid less wages as Maintenance Administrators than were formerly received by Test Desk Technicians performing the same work. The male employees claim that they receive lower wages because Pacific Bell discriminates against women. The district court held that, under Spaulding v. University of Washington, 740 F.2d 686, 709 (9th Cir.), cert. denied, 469 U.S. 1036 , 105 S.Ct. 511 , 83 L.Ed.2d 401 (1984) (hereinafter Spaulding), the male employees lack standing to bring a claim of sex discrimination directed against women. We affirm.

I. PERTINENT FACTS

The job now performed by the male employees as Maintenance Administrators was formerly performed by Pacific Bell’s Test Desk Technicians. The employees in this latter job category were predominantly males. Test Desk Technicians…