The opinion of the court was delivered by: Perry, District Judge.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
This action, having been considered on the motion of the
Plaintiff for summary judgment in her behalf and the cross-motion
for summary judgment filed by the Defendant, and the Court being
fully advised in the premises, makes the following Findings of
Fact and Conclusions of Law:
1. This action arises under Title VII of the Civil Rights Act
of 1964, 42 U.S.C. § 2000e et seq.
2. Plaintiff is a female who was employed by Defendant as an
airline stewardess until discharged by Defendant from that
position on or about June 19, 1966.
3. Defendant is a Delaware Corporation, having its principal
office in Elk Grove Village, Cook County, Illinois, which is
within the Northern District of Illinois.
4. Title VII of the Civil Rights Act of 1964 makes it an
unlawful employment practice for an employer, among other
practices, to fail or refuse to hire any individual or otherwise
to discriminate against any individual with respect to
compensation, terms, conditions, or privileges of employment
because of sex, except where sex is a bona fide occupational
qualification reasonably necessary to the normal operation of
that particular business or enterprise.
5. Defendant maintained a policy applying solely to females
employed as stewardesses, requiring that they be unmarried when
first employed and that they thereafter remain unmarried while so
employed. The policy of Defendant, as in effect at the time of
Plaintiff's discharge, called for the discharge of any stewardess
6. Defendant employs both male and female employees; there is
no policy, as described in Paragraph 5 above, which has been
maintained or enforced against male employees, including male
flight cabin attendants or stewards. Under the policy described
in Paragraph 5, Defendant has dismissed from their positions
females employed as stewardesses immediately upon notification of
the marriage of such employees, but no action is or has been
taken against male employees upon marriage, and male employees
have been permitted to continue employment without regard to
7. Pursuant to the above policy Defendant discharged Plaintiff
as a stewardess on or about June 19, 1966, for the sole reason
that she is a female and became married while in the employ of
Defendant in the capacity as stewardess.
8. On August 9, 1966, which was less than ninety days after her
discharge by the Defendant on June 19, 1966, Plaintiff filed a
formal charge with the Equal Employment Opportunity Commission
pursuant to the provisions of Title VII of the Civil Rights Act
of 1964, 42 U.S.C. § 2000e et seq., alleging that her discharge
by Defendant constituted unlawful discrimination because of sex.
9. On August 30, 1968, the Equal Employment Opportunity
Commission issued its Decision finding there is reasonable cause
to believe that the Defendant had violated Title VII of the Civil
Rights Act of 1964, prohibiting discrimination on the basis of
sex, by maintaining a policy of terminating female flight cabin
attendants upon marriage, and, specifically, by terminating
Plaintiff as alleged in the charge described in Paragraph 8 above
while permitting male employees, including stewards performing
similar duties for Defendant, to continue their employment after
10. The charge of Plaintiff was not settled or adjusted. Under
date of October 31, 1968, the Equal Employment Opportunity
Commission issued to Plaintiff its Notice of Right to Sue Within
30 Days, advising Plaintiff that she could, within thirty days of
her receipt of the Notice, file suit in an appropriate United
States District Court. This action
was commenced on November 27, 1968.
11. Plaintiff has filed a motion for summary judgment,
asserting that there is no genuine issue as to any material fact.
Defendant has filed ...