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E.E.O.C. v. CHICAGO MINIATURE LAMP WORKS

October 30, 1985

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PLAINTIFF, AND ED B. RANDOLPH, PLAINTIFF-INTERVENOR,
v.
CHICAGO MINIATURE LAMP WORKS, DEFENDANT.



The opinion of the court was delivered by: Shadur, District Judge.

      FINDINGS OF FACT AND CONCLUSIONS OF LAW

Equal Employment Opportunity Commission ("EEOC") and Ed Randolph ("Randolph") have sued Chicago Miniature Lamp Works ("Chicago Miniature"), charging race-based discrimination against blacks as a class and, in Randolph's case, individually. After a bench trial the parties have supplemented their extensive pretrial submissions by tendering proposed post-trial findings of fact and conclusions of law.

In accordance with Fed.R.Civ.P. ("Rule") 52(a), this Court finds the facts specially as set forth in the following Findings of Fact ("Findings") and states the following Conclusions of Law ("Conclusions"). To the extent if any of the Findings as stated reflect legal conclusions, they shall be deemed Conclusions; to the extent if any of the Conclusions as stated reflect factual findings, they shall be deemed Findings.

Findings of Fact

Parties

1. EEOC is the agency of the United States charged with administration and enforcement of Title VII of the Civil Rights Act of 1964 ("Act"), 42 U.S.C. § 2000e to 2000e-17 ("Title VII") (Stip. ¶ 3).*fn1

2. Randolph is an individual citizen of the United States and a resident of the Northern District of Illinois. Randolph's race is black (Stip. ¶ 4).

3. Until October 1980 Chicago Miniature was a corporation organized and existing under the laws of the State of Illinois, with its only office and factory located at 4433 North Ravenswood Avenue, Chicago, Cook County, Illinois. Since then Chicago Miniature has been, and it now is, a division of General Instrument Corporation ("General Instrument"), a corporation organized and existing under the laws of the State of Delaware*fn2 (Stip. ¶¶ 1, 10).

Jurisdiction and Venue

4. Chicago Miniature has been and is engaged in the manufacture and sale of miniature and sub-miniature incandescent and neon lamps and associated components and subassemblies. Its lamp products are sold primarily to original equipment manufacturers for a variety of industrial and consumer product applications (Stip. ¶ 9). Chicago Miniature was and is now an employer in an industry affecting commerce within the meaning of Sections 2000e(g) and (h) (Stip. ¶ 2).

5. Randolph was hired and first employed by Chicago Miniature as a "programmer analyst" (Randolph Tr. 147). He remained employed by Chicago Miniature (receiving one promotion and three salary increases) from November 17, 1975 through approximately February 6, 1978 (Stip. ¶ 16). On March 9, 1978 Randolph filed a timely Charge of Discrimination (the "Charge," P.Ex. 2) with EEOC's Chicago District Office, alleging Chicago Miniature had discriminated against him in denying him a promotion to the position of Data Processing Manager because of his race (Stip. ¶ 5).

6. In investigating the Charge EEOC discovered and investigated evidence indicating Chicago Miniature discriminated against blacks as a class, on account of their race, in recruitment, hiring and promotions (Morgan Tr. 1518-20).

7. On November 9, 1978 EEOC found reasonable cause to believe:

    (a) Chicago Miniature had discriminated against
  Randolph by failing to promote him to the
  position of Data Processing Manager because of
  his race.
    (b)  Chicago Miniature discriminated against
  blacks as a class, on account of their race, in
  recruitment, hiring and promotions.

EEOC's findings of reasonable cause to believe were set forth in its November 9 "Letter of Determination" mailed to Chicago Miniature and Randolph (Morgan Tr. 1518-19; P.Ex. 6).

8. EEOC filed this action June 8, 1979. On November 9, 1979 the Court granted Randolph leave to intervene in his own behalf as a party plaintiff.

9. EEOC elected to proceed to trial only with respect to (a) Chicago Miniature's discrimination against blacks as a class in recruitment and hiring for entry-level factory jobs and (b) Chicago Miniature's refusal and failure to promote Randolph because of his race (FPTO Att. I).

10. Jurisdiction and venue are not disputed by the parties (Tr. 2391-97; Stip. ¶ 8).

11. From sometime in 1977 through October 1979 William Curran ("Curran") was chief executive and operating officer of Chicago Miniature, holding the title of Executive Vice-President (Stip. ¶ 12).

12. From about 1972 through August 1980 Armella Simon ("Simon") was employed by Chicago Miniature as its Personnel Manager (Stip. ¶ 13). Since then Magalis Trueva ("Trueva") has succeeded Simon as the person with primary responsibility for filling openings for entry-level employees at Chicago Miniature (Trueva Tr. 1540).

13. From and after May 16, 1979 Donald Howard ("Howard") was employed by Chicago Miniature as its Director of Human Resources (Stip. ¶ 14).

14. Daniel Hoeh ("Hoeh") was employed at Chicago Miniature as Data Processing Manager for a period of approximately eight years ending in October 1977. Hoeh's responsibilities as Data Processing Manager included the hiring of personnel for the data processing department. It was Hoeh who, after interviewing Randolph, hired him as a Programmer Analyst (Hoeh Tr. 17, 25, 58; P.Exs. 9, 37).

Chicago Miniature's Reporting of Its Work Force Composition

15. In accordance with Title VII, Chicago Miniature filed with EEOC EEO-1 reports, signed by authorized Chicago Miniature management personnel (including Simon and Howard), for each of the years 1966 through 1984 (Stip. ¶ 19; P.Exs. 81-95, 172-74). Those EEO-1 reports set forth, by race, sex and national origin, the number of persons employed by Chicago Miniature, as of a given payroll date in each year, in each of nine job categories identified in the reports (Stip. ¶ 20); Elkhanialy 1/16 Tr. 44-45). Entry-level factory jobs are shown in the "operative," "laborer" (none reported) and "service worker" job categories in the EEO-1 reports (Stip. ¶ 23; Simon Tr. 997).

16. All data in EEO-1 reports is*fn3 "employer-generated": It is the employer, not EEOC, that determines the race, national origin and sex of its employees, decides under which of the job classifications employees are reported and makes the numerical count of the employees in each category (Stip. ¶¶ 19, 21-22; Elkhanialy 1/16 Tr. 45; P.Ex. 124 at 2-3).

17. For the years 1970 through 1981 Chicago Miniature's work force composition, as reported in its EEO-1 reports, was as set forth in the table attached as Appendix ("App.") 1 (P.Ex. 124, Table I; P.Exs. 84-95 [EEO-1 reports]; Elkhanialy 1/16 Tr. 45-58).

18. For the years 1982-83 (after this action was filed), not reflected in App. 1, the number of blacks employed by Chicago Miniature in entry-level operative and service job categories continued to decline. Only because of an overall decline in the work force, their percentage level of representation increased slightly, as follows (Exs. 172-74):

Total Operative &  Black Operative &  % Black Operative &
Year  Service Employees  Service Employees  Service Employees
----  -----------------  -----------------  -------------------
1982         160                 13                8.1%
1983         146                 12                8.2%
1984         112                 11                9.8%

Curran's Recognition of Black Underrepresentation

19. Curran acknowledged that in his opinion there were not, during his tenure as chief executive officer of Chicago Miniature, enough blacks within the work force of Chicago Miniature, and that was true on a company-wide basis (Curran Tr. 909).

"Recruitment" by Chicago Miniature

20. Chicago Miniature did not and does not advertise to obtain applicants for entry-level ("operative" and "service") factory jobs (Stip. ¶ 26; Simon Tr. 999, 1020). It did however utilize newspaper advertising to recruit applicants for clerical and typist jobs (Simon Tr. 999-1001).

21. Nor did Chicago Miniature advertise in any form of media "targeted" to black audiences in order to recruit black job applicants or to seek to increase the level of black representation in its work force (Curran Tr. 909-10).

22. Chicago Miniature seldom utilized, and it received few (less than 5%, in Simon's opinion) job applicants by referral from, the State of Illinois unemployment office (Simon Tr. 1002).

23. Instead Chicago Miniature utilized and relied primarily upon word-of-mouth to recruit applicants for entry-level factory jobs. In Simon's opinion approximately 75% of Chicago Miniature's job applicants come to it through word-of-mouth recruiting (Simon Tr. 998, 1025). Most of Chicago Miniature's applicants and employees identified in Findings 52 and 53, and employees testifying for Chicago Miniature, learned of Chicago Miniature through word-of-mouth.

24. Statistical analysis of its applicant flow data confirms Chicago Miniature's heavy reliance upon word-of-mouth recruiting. Analysis shows blacks, who have historically been underrepresented in Chicago Miniature's work force, continue to be underrepresented in its applicant now, even when the analysis is restricted to nearby areas, and it shows the reverse with respect to Hispanics, who have been heavily represented. It also shows that the geographical distribution of applicants is clustered within an artificially small area (Elkhanialy Tr. 741-43).

25. Chicago Miniature's heavy utilization of and reliance upon word-of-mouth recruiting resulted in the exclusion of blacks from the network of information concerning jobs at Chicago Miniature, gross underrepresentation of blacks in Chicago Miniature's applicant flow, and perpetuation of the gross underrepresentation of blacks in, and their exclusion from, Chicago Miniature's entry-level work force (Elkhanialy Tr. 741-43, 1325-27; P.Ex. 124 at 22, 24, 31, 41).

Relevant Labor Market. Relevant Definitions

26. Generally speaking a "labor market" is an economically integrated geographic unit (a) from which employers operating in that unit draw their work forces and (b) within which a significant number of workers may change jobs ("labor mobility") in response to changing economic conditions without necessarily changing their places of residence (Elkhanialy 1/16 Tr. 2; P.Ex. 124 at 29). For a particular employer such as Chicago Miniature the "relevant labor market" is the area from which it may be expected to draw its job applicants and employees (Elkhanialy 1/16 Tr. 8; P.Ex. 124 at 29).

28. Since passage of the Civil Rights Act of 1964 an SMSA or a sub-area of it (such as a city, a county or a group of counties) has usually been considered the relevant labor market for occupations requiring no specialization, such as clerks or operatives (P.Ex. 124 at 29).*fn4

Relevant Labor Market: Methodology

29. Whether the relevant labor market for entry-level factory jobs at a Chicago employer, such as Chicago Miniature, is the Chicago SMSA as a whole or some lesser part of the SMSA is determined by analysis of (a) the location of the employer within the SMSA, (b) the accessibility of the employer, (c) commuting patterns and (d) in appropriate cases, the employer's applicant flow (Elkhanialy 1/16 Tr. 8, Tr. 1320; P.Ex. 124 at 29-30).

Relevant Labor Market: Use of Applicant Flow Data

30. If an employer's applicant flow is not tainted by discriminatory recruiting practices and is not otherwise biased or distorted, that applicant flow is one of the reliable indicators of the employer's relevant labor market. Untainted applicant flow data shows both (a) the area from which the employer has historically drawn applicants and (b) the racial and ethnic composition of the employer's actual applicant pool. Untainted applicant flow may also serve as a surrogate for underlying factors that are more directly determinative of the employer's relevant labor market (such as the distance applicants and employees are willing to travel to work, accessibility of the employer and relevant transportation systems) (Elkhanialy 1/16 Tr. 19-20; P.Ex. 124 at 30-31).

31. But Chicago Miniature's applicant flow is clearly not a reliable indicator of its relevant labor market. Except in the unreal world sought to be constructed by Chicago Miniature's "hired gun" expert, Dr. Chiswick (discussed in Findings 105-16), blacks have been grossly underrepresented in Chicago Miniature's work force. As already found, Chicago Miniature has relied in principal part upon word-of-mouth recruiting to generate its applicant flow. As a result, Chicago Miniature's applicant flow is simply a self-fulfilling prophecy reflecting the characteristics of its work force. It does not reflect (a) either the area from which it would be expected to draw applicants in an unbiased environment or (b) the racial and ethnic composition of the civilian labor force in that area (Elkhanialy 1/16 Tr. 20-23; P.Ex. 124 at 30-32).

32. Finding 31 as to the total unreliability of Chicago Miniature's applicant flow as an indicator of its relevant labor market or the racial and ethnic composition of that market is compelled by the fact that — even without regard to Chicago Miniature's recruiting practices — the applicant flow is not remotely representative of the racial and ethnic composition of the civilian work force in any area that might be deemed the relevant labor market. As later Findings reflect, the applicant flow is totally at odds with the composition of the civilian labor force in (a) Chicago, (b) the 12 Zip Code Area (within approximately five miles) from which Chicago Miniature has drawn more than 90% of its applicants, (c) the 5 Zip Code Area (within approximately three to four miles) from which it has drawn more than 70% of its applicants or (d) its own Home Zip Code Area 60640 from which it has drawn nearly 30% of its applicants (Elkhanialy 1/16 Tr. 20-23; P.Ex. 124 at 31).

Relevant Labor Market. Location

34. Chicago Miniature is located at 4433 North Ravenswood Avenue, Chicago, Cook County, Illinois, in zip code 60640 (Stip. ¶ 1; Elkhanialy Tr. 1047).

35. Chicago is the center or core of the Chicago SMSA. It is a viable, economically integrated, densely populated, almost self-sufficient economic unit with a population of approximately 3 million (Elkhanialy 1/16 Tr. 13-14, Tr. 1047, 1051; P.Ex. 124 at 30). It provides employment for 82% of its residents. This is more true for blacks (85% of whom work in Chicago) than for whites or Hispanics (80% and 77% of whom, respectively, work in Chicago). Though Chicago also provides jobs for 23% of the suburbanites, they are more likely to have jobs at the upper end of the occupational hierarchy rather than in entry-level factory jobs (Elkhanialy 1/16 Tr. 14; Tr. 1047-48, 1091; P.Ex. 124 at 30).

36. During the past 10 years Chicago has been losing entry-level manufacturing jobs, and the labor for such jobs has been moving from Chicago to the suburbs, not vice versa. It is not likely that suburban residents of the Chicago SMSA will seek entry-level factory jobs in Chicago (Elkhanialy 1/16 Tr. 14-15; Tr. 1047-48, 1068). Conversely it is far more likely that Chicago residents seeking entry-level factory jobs will seek such jobs within Chicago rather than in the suburbs (Elkhanialy 1/16 Tr. 1086-87). Indeed, virtually all applicants for entry-level factory jobs at Chicago Miniature have been Chicago residents (Chiswick Tr. 1896).

37. Areas of the Chicago SMSA outside of Chicago are not part of Chicago Miniature's relevant labor market for entry-level factory jobs (Elkhanialy 1/16 Tr. 14-15; P.Ex. 124 at 30). Conversely Chicago Miniature's location is such that residents from throughout Chicago are likely to apply there for work (Elkhanialy 1/16 Tr. 1397). Though of course it is not equally likely that every member of the Chicago labor force — whatever the location of his or her residence — would apply for an entry-level factory job at Chicago Miniature, there is no way identified by either party's expert to develop statistics that would factor in the variables (residence location or a host of other factors) affecting such likelihood in individual cases — except of course the already-discredited self-fulfilling use of applicant flow data (see Findings 31-33 and 73-104). As Finding 115 reflects, analysis of the statistics for Chicago and successively smaller areas (without attempting to weight each set of figures by those imponderable variables), coupled with the overwhelming nature of the figures involved, compels the conclusion Chicago Miniature engaged in race discrimination.

Relevant Labor Market: Commuting Patterns

38. Blacks who both live and work in Chicago commute, on the average, 38 minutes to work, compared to 29 minutes for whites and Hispanics. Black males who live in Chicago but work in the suburbs commute, on the average, 44.4 minutes by private vehicle and 58.8 minutes by public transportation, while the average time (a) for white males is 33.8 minutes by private vehicle and 46.9 minutes by public transportation and (b) for Hispanic males is 37.3 minutes by private vehicle and 45.2 minutes by public transportation. For black females who live in Chicago but work in the suburbs, the mean commuting time is 42.4 minutes by private vehicle and 60.3 minutes by public transportation, while the mean times (a) for white females are 27.8 minutes and 44.3 minutes respectively and (b) for Hispanic females are 36.3 minutes and 45.3 minutes respectively (Elkhanialy 1/16 Tr. 24-28, Tr. 1108-09; P.Ex. 124 at 32-33).

40. Disparities in commuting time reflected in Findings 38 and 39 are not, of course, the result of mere chance. High rates of unemployment among blacks and the declining number of jobs available in black areas of Chicago are demographic trends that operate to increase commuting times for blacks (Elkhanialy 1/16 Tr. 29-30, Tr. 1071-76, 1305, 1309; P.Ex. 124 at 34-37).

41. In summary, blacks generally spend more time commuting than non-blacks (Elkhanialy 1/16 Tr. 29, Tr. 1111, 1305; Chiswick Tr. 1915, 2142-44).

42. For applicants for entry-level factory jobs at Chicago Miniature, a reasonable commuting time is certainly up to and including approximately an hour. There are a substantial number of potential applicants (principally blacks) for whom a reasonable commuting time would be as much as approximately 1 1/2 hours (Elkhanialy 1/16 Tr. 31; Tr. 1106, 1121-22, 1135, 1340; P.Ex. 124 at 32-37).

Relevant Labor Market. Accessibility of Chicago Miniature

43. Chicago Miniature is located immediately adjacent to the Chicago Transit Authority ("CTA") Ravenswood elevated train tracks and is about a five-minute walk from the Montrose Avenue station on that line (Stip. ¶ 27; Elkhanialy 1/16 Tr. 32). CTA's Ravenswood line connects with the North-South Howard Street-Jackson Park/Englewood elevated line at two elevated stations on Chicago's North Side and, via the North-South line in the Loop, with other elevated and underground lines serving Chicago (Stip. ¶ 28; P.Ex. 64).

44. Chicago Miniature is located within walking distance of three CTA bus routes: the Montrose Avenue (4400 North) route, the Lawrence Avenue (4800 North) route and the Damen Avenue (2000 West) route. Via said routes, connections may be made with other bus routes serving other areas of Chicago (Stip. ¶ 29; P.Ex. 64).

45. Chicago has an extensive public transportation system, including elevated and subway train lines and buses. Every part of Chicago is easily accessible to every other part of Chicago by public transportation (Elkhanialy 1/16 Tr. 31; P.Ex. 124 at 37; P.Ex. 64).

46. Public transportation commuting times from points (selected by EEOC) at the centers of Chicago's South (95th and Dan Ryan) and West Sides (Madison and Kostner), both predominantly black, to Chicago Miniature are both less than an hour (Elkhanialy 1/16 Tr. 32-33, Tr. 1341; P.Ex. 124 at 37). Public transportation commuting times from five Chicago points (selected by Chicago Miniature) to Chicago Miniature are as follows:

                                              Range of
                                              --------
        Point             Area of City        Commuting Times
        -----             ------------        ---------------
Irving Park & Pulaski     Northwest Side      21 to 40 minutes
7600 West Addison         Far Northwest Side  49 to 55 minutes
Roosevelt & Central Park  West Side           61 to 78 minutes
5500 South Western        Southwest Side      72 to 84 minutes
110th & State             Far South Side      80 to 86 minutes

(Elkhanialy 1/16 Tr. 33-36; D.Ex. LL) Despite the artificiality of Dr. Chiswick's division of Chicago into Areas I through V (as an examination of the map discloses), and despite the fact those five selected points paint a kind of worst-case picture, the commuting times even from those outlying points are within reasonable limits (see Findings 42 and 52).

47. Chicago has an extensive network of expressways and arterial streets, rendering every part of Chicago easily accessible to every other part of Chicago by automobile (Elkhanialy 1/16 Tr. 32). There is a limited (but meaningful) amount of free on-street automobile parking available across the street from Chicago Miniature and elsewhere within walking distance of the facility on a first-come first-served basis (Stip. ¶ 30; Elkhanialy 1/16 Tr. 38).

48. In summary, Chicago Miniature is accessible within a reasonable commuting time by public transportation and private vehicle from all parts of Chicago (Elkhanialy 1/16 Tr. 36-39; P.Ex. 124 at 37).

49. There are large concentrations of blacks, in areas ranging from 10% to 90% black, within 5 to 10 miles of Chicago Miniature, from which the commuting time to Chicago Miniature is less than an hour and thus (see Finding 42) certainly within reasonable limits (Elkhanialy 1/16 Tr. 39-41; P.Ex. 124 at 37).

Relevant Labor Market. Chicago Miniature's Own View

50. In its own Affirmative Action Plan for the period June 1, 1977 to May 31, 1978 Chicago Miniature described its relevant labor market as follows:

  The basic recruiting area for our company is the
  whole of the Chicago area and surrounding
  suburbs, since public transportation is available
  to the front door with easy access by car from
  expressway and main streets.

(Curran Tr. 904). In that same Affirmative Action Plan, Chicago Miniature identified its "recruitment area" for entry-level jobs of "assembler," "warehouse" and "janitor" — the very jobs at issue in this litigation — as "Chicago" (Curran Tr. 906-08).

51. In newspaper advertising utilized by Chicago Miniature to recruit applicants for typist jobs, Chicago Miniature repeatedly described its location as being "easily accessible by El or CTA buses" (Simon Tr. 1000-02; P.Exs. 71, 72, 73).

Relevant Labor Market. Applicants and Employees

52. Several blacks who had applied for jobs at Chicago Miniature but were not hired were called as witnesses by EEOC. They testified they (a) lived on both the South and West Sides of Chicago, (b) had held jobs throughout Chicago (including areas of the North Side more distant from their homes than Chicago Miniature), (c) commuted an hour to work on the average and (d) in numerous instances commuted 1 1/2 hours to work. Their testimony is summarized in the three-page table attached as App. 2.

53. Chicago Miniature called the chief union stewardess at its plant as a witness. She identified 15 black employees of Chicago Miniature who lived on Chicago's South and West Sides and commuted to work at Chicago Miniature as follows (Gailes Tr. 1566-81):

Employee                   Residence         Commuting Means
--------                   ---------         ---------------
Gailes      2448 S. Lafayette (Tr. 1566)     Auto (Tr. 1574)
Hicks       66th & Justine (Tr. 1579)        Auto (Tr. 1579)
Guest       92nd & East End (Tr. 1577)       CTA  (Tr. 1577)
Jackson     78th & Essex (Tr. 1578)          CTA  (Tr. 1578)
Taylor      75th & South Shore (Tr. 1578)    CTA  (Tr. 1578)
Russell     66th & Marshfield (Tr. 1578)     CTA  (Tr. 1578)
Green       98th & Yates (Tr. 1576)          CTA  (Tr. 1576)
Johnson     103rd & State (Tr. 1579)         CTA  (Tr. 1580)
Caldwell    87th & King Drive (Tr. 1579)     CTA  (Tr. 1580)
Johnson     69th & Green (Tr. 1579)          CTA  (Tr. 1580)
Taylor      78th & Loomis (Tr. 1579)         CTA  (Tr. 1580)
Porter, R.  5485 S. Drexel (Tr. 1580, 1613)  CTA  (Tr. 1621)
Porter, A.  540 East 44th (Tr. 1621)         CTA  (Tr. 1580)
White       4600 West Monroe (Tr. 1580)      Auto (Tr. 1581)
  Chicago Miniature also called another plant employee as a witness. She identified two additional black South Side residents who are or were employees of Chicago Miniature and commute there to work as follows (R. Porter Tr. 1620-21):
           Bailey        4400 S. Vincennes          CTA
           Harding       51st & Union               Auto

Relevant Labor Market: Conclusion

54. Taking into account all the facts found in Findings 26-53, this Court finds Chicago is the relevant labor market for entry-level factory jobs at Chicago Miniature (Elkhanialy 1/16 Tr. 13, 37). As later Findings reflect, even if the relevant labor market were assumed to be any of several lesser areas within Chicago, analysis still demonstrates a discriminatory underrepresentation of blacks in Chicago Miniature's recruitment and hiring for entry-level factory jobs.

Available Statistical Data

55. From documents produced by Chicago Miniature during pretrial discovery, EEOC constructed a computerized data base containing information (name, race, address, zip code, job applied for, whether hired or rejected, etc.) respecting all applicants for whom Chicago Miniature produced documentation (Donovan Tr. 1420, 1426-28, 1473-77; P.Exs. 117/Alpha, 117/Doc. No.). EEOC made its data base available to Chicago Miniature before trial, in both computer magnetic tape and print-out form, and then incorporated into its data base all changes requested by Chicago Miniature (Donovan Tr. 1426-28, 1451, 1469-77; Tr. 2417-20; and see Exhibits annexed to EEOC's Response to Chicago Miniature's Motion for Continuance of Trial filed Jan. 24, 1985).

Hiring Practices

56. No blacks were employed in Chicago Miniature's personnel department or performed personnel functions during Simon's tenure (Simon Tr. 1012-13; Randolph Tr. 184; Hoeh Tr. 65). Nor was any of the persons responsible for hiring entry-level factory workers at Chicago Miniature black (Simon Tr. 1012-13; Hoeh Tr. 65-66).

57. Chicago Miniature did not maintain or utilize objective written hiring procedures (Simon Tr. 1013). It had no education requirements for hire into entry-level factory jobs (Stip. ¶ 32; Simon Tr. 997-98), nor has it required any prior job experience as a minimum qualification for hire into such jobs (Simon Tr. 998). Instead, basic manual dexterity and the ability to speak some English have been the only minimal qualifications required by Chicago Miniature for hire into such jobs (Simon Tr. 997).

58. Chicago Miniature tested the manual dexterity of some applicants for entry-level factory jobs by administration of a "peg board" test. Applicants with ordinary manual dexterity, and no particular educational or job experience, were uniformly able to pass the very easy peg board test (Simon Tr. 997-98; Trueva Tr. 1542-43). No record evidence dealt with Chicago Miniature's measures (if any) to determine applicants' English-speaking ability, but satisfaction of the minimal requirements could readily be ascertained orally at the time applicants came to the plant.

59. Numerous entry level job applications of blacks have the letter "B" written by hand on them. Neither Simon nor Trueva was able to account for or explain that obvious race-coding of the applications of blacks (Simon Tr. 1004-08; Trueva Tr. 1544-45).*fn5

Computerized Analyses of Hiring Decisions

60. P.Exs. 122, 122-A and 122-B are computerized analyses of EEOC's data base. Each page of each exhibit "matches" (a) one or more black entry level applicant(s) who applied on a particular date and was or were not hired with (b) one or more non-black(s) who applied for such jobs within four weeks before or eight weeks after the rejected black applicant(s) and was or were hired within eight weeks after the black applicant(s) had applied (Donovan Tr. 1432-37).

61. Chicago Miniature objected that a comparative analysis, as explained in Finding 60, was not appropriate as to black applicant Barbara Jackson (Tr. 1480-81, D.Ex. SSS at 1), non-black hire James Garcia (Tr. 1481-83, D.Ex. SSS at 2), non-black hire Charles Allison (D.Ex. SSS at 2), non-black hire Chi Song (D.Ex. SSS at 3), black applicant Annette Anderson (Tr. 1484-87), non-black hire P. Alexander (D.Ex. SSS at 5, 26), black applicant Charles Fenner (Tr. 1492-93, D.Ex. SSS at 13), black applicant Lillie Redmond (Tr. 1496-97, D.Ex. SSS at 14), non-black hire Margarita Plaza (D.Ex. SSS at 15), non-black hire Ana Morales (Tr. 1498-99), non-black hire Mona Noureldin (D.Ex. SSS at 16), non-black hire Scott Baier (D.Ex. SSS at 23), black applicant Helen Perkins (Tr. 1500-01), black applicant Jim H. Brown, Sr. (Tr. 1504-05), non-black hire Maria Patino (Tr. 1505-06) and non-black hire Ofelia Bucid (D.Ex. SSS at 25). Although a number of Chicago Miniature's objections are dubious at best, this Finding will exclude all the objected-to individuals purely arguendo. Nevertheless there remain 20 separate and specifically identifiable instances during the 1978-81 period in which Chicago Miniature rejected a black applicant and, soon thereafter, hired a non-black applicant who applied at the same time as or within four weeks before or eight weeks after the rejected black (P.Exs. 122, 122-A, 122-B). Included within that group of 20 are Carolyn Johnson (Evans), Jessie Carr and Demetrius Woods, all of whom testified at trial that they applied for entry level jobs at Chicago Miniature and were not hired.

62. Chicago Miniature also objected that the pattern of discrimination plainly evident from the facts in Finding 61 is somehow vitiated by the fact that some of the non-black hires identified in P.Exs. 122, 122-A and 122-B applied slightly "earlier in time" (see Tr. 1483-84) than the comparably rejected black applicants. That objection is spurious and is flatly rejected. P.Exs. 122, 122-A and 122-B show Chicago Miniature did not hire in order of application and, to the contrary, frequently hired without any regard whatever for date or order of application. To select only a few examples:

    (a) Choi Ja applied August 1, 1978 and was
  hired 48 days later on September 18, 1978, while
  Margarita DeLeon, who applied a month and a half
  later on September 12, 1978, was hired September
  13, 1978 (P.Ex. 122, Period=18AUG78);
    (b) Milagro Fahiari applied November 27, 1978
  and was hired 77 days later on February 12, 1979,
  while Charles Allison applied January 25, 1979
  and was hired January 29, 1979 and Han Un applied
  December 4, 1978 and ...

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