Not what you're
looking for? Try an advanced search.
Buy This Entire Record For
E.E.O.C. v. CHICAGO MINIATURE LAMP WORKS
October 30, 1985
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PLAINTIFF, AND ED B. RANDOLPH, PLAINTIFF-INTERVENOR,
CHICAGO MINIATURE LAMP WORKS, DEFENDANT.
The opinion of the court was delivered by: Shadur, District Judge.
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
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).
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.
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.
7. On November 9, 1978 EEOC found reasonable cause to
(a) Chicago Miniature had discriminated against
Randolph by failing to promote him to the
position of Data Processing Manager because of
(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
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
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
"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.
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
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
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
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:
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
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
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
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
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).
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.
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 ...