Mannick v. Commonwealth

ARGUED: May 20, 1999 Appellant Concepta T. Mannick appeals from the order of the Court of Common Pleas of Luzerne County (trial court) denying her post trial motions requesting a judgment notwithstanding the verdict or in the alternative, a new trial. After review, we affirm. In 1992, Mannick, who was working as a claims examiner for the Department of Labor and Industry (Department) sought to fill a vacancy of unemployment compensation supervisor in the Hazelton Job Center. Peter Cwalina, however, was ultimately selected for the position. In 1995, Mannick commenced a civil action against the Department and the Civil Service Commission seeking damages for, inter alia, gender discrimination in violation of the Pennsylvania Human Relations Act (Act), Act of October 27, 1955, P.L. 744, as amended, 43 P.S. §§ 951-962.2.1 Specifically, Mannick contended that she met all the criteria necessary to fill the position, that she was the most senior person interviewed for the position, that the position was covered by the collective bargaining agreement, under the terms of which she should have been promoted to the position, and that rather than promoting her to the position, the Department promoted Cwalina, a male, who had less seniority and experience than Mannick. When the case went to trial, the only remaining defendant was the Department.