The opinion of the court was delivered by: Poos, Chief Judge.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
These causes which are substantially identical in form and
content having come on together to be heard (a) on defendants'
motions to strike certain allegations from the complaints and
defendants' motions to dismiss the complaints for alleged want of
a justiciable controversy and because such causes allegedly
constituted suits against the
State of Illinois and (b) upon motions by each of the plaintiffs
for summary judgment, on August 20, 1970, before the above court,
the Honorable Omer Poos presiding; and defendants having moved in
open court to withdraw each of the aforesaid motions to strike
and to dismiss, which motions to withdraw were and are allowed by
the court and said motions to strike and to dismiss were and are
thereby withdrawn; and the court having considered all documents
filed with respect to said motions for summary judgment,
including (a) the complaints of Caterpillar Tractor Co.,
("Caterpillar") and Illinois Bell Telephone Company ("Illinois
Bell"), (b) the affidavits of Clifford N. Hathway, Clyde C.
Boylls, and Bruce C. Hoeffel, and (c) the briefs of Caterpillar,
Illinois Bell, the Equal Employment Opportunity Commission ("the
Commission") as amicus curiae and the defendants; and the
defendants in each case not having filed any affidavits in
opposition to said motions for summary judgment or otherwise
denied or controverted the facts alleged in the complaints and
the affidavits supporting said motions for summary judgment; and
the court having heard and considered the arguments of counsel
for each plaintiff, the Commission and the defendants, and being
fully advised in the premises now makes its findings of fact and
conclusions of law, as follows:
1. Plaintiffs, Caterpillar and Illinois Bell, are each
"employers" within the meaning of Title VII of the Federal Civil
Rights Act of 1964 (42 U.S.C. § 2000e through 2000e-15) and
are subject to the provisions of said statute.
2. Plaintiffs, Caterpillar and Illinois Bell, are each subject
to the provisions of the Illinois Female Employment Act,
(Ill.Rev.Stat. Ch. 48, Sections 5 through 8.1.)
3. Caterpillar is a California corporation engaged in the
manufacture and sale of construction and earthmoving machinery
and other products. It operates several factories within the
State of Illinois and maintains its headquarters offices in this
state. Caterpillar employs approximately 43,374 persons within
the State of Illinois, of whom approximately 3,558 are females
who fall within the limitation on hours of work specified in the
Illinois Female Employment Act.
4. Illinois Bell is an Illinois corporation supplying
communication services to users in the State of Illinois and part
of Indiana. As of December 31, 1969, Illinois Bell had
approximately 41,000 employees, of whom approximately 17,000 were
women employed in Illinois and subject to the hours of work
restrictions of the Illinois Female Employment Act. Illinois
Bell's annual payroll for 1969 was approximately $350 million, of
which over $11 million was attributable to pay for overtime work.
5. The amount in controversy in each case exceeds $10,000.00,
exclusive of interest and costs.
6. The operations of each plaintiff frequently require that
their respective employees in Illinois work for daily and weekly
periods in excess of the hours for which female employees of each
plaintiff may be employed under the Illinois Female Employment
Act. In addition certain jobs in each plaintiff's operations
normally require that the holders work for overtime hours longer
than permitted for females under the Illinois Female Employment
7. Under the Illinois Female Employment Act, the vast majority
of female employees of each plaintiff may not work more than
eight hours per day or forty-eight hours per week. The only
generally applicable exception permits such employees to work
nine hours on one day of a calendar week. Neither this exception
nor the other exceptions permitted by the Illinois Female
Employment Act are adequate to meet the employment requirements
of either plaintiff.
9. Overtime hours (i.e. work in excess of 8 hours each day and
40 hours each week) are compensated for at premium rates of pay.
10. Violations of the Illinois Female Employment Act are
misdemeanors punishable for each offense by fines of not less
than $25.00 nor more than $100.00.
11. Under Title VII of the Federal Civil Rights Act of 1964, it
is an unlawful employment practice for each of the plaintiffs "to
discriminate against any individual employee with respect to this
compensation, terms, conditions or privileges of employment
because of such individual's * * * sex * * *." or "to limit,
segregate or classify his employees in any which which would
deprive or tend to deprive any individual of ...