Warren stated that she was unfamiliar with this form and refused to fill it out. She advised the hospital that she would not report for work on January 21st and explained that in addition to her objection to filling in Form 85 she was not feeling well. Ms. Warren did, however, report for work on February 5, 1973, but again refused to fill out Form 85. She was advised that she would not be permitted to begin work until the form was completed. Ms. Warren finally agreed to fill out Form 85 and reported for duty at the Veterans Administration Hospital on February 12, 1973, where she has been continuously employed to this date.
Plaintiff complained that she was harassed in her attempts to obtain employment with the Veterans Administration Hospital because of her race and color, in violation of 42 U.S.C. Section 2000e-3(a). Generally, where a person who fits one or more of the statutory categories enumerated in this act has been denied a job, but shows that he or she possesses the qualifications to fill the job and that the position remained open after rejection, a prima facie case of discrimination has been made out and the burden shifts to the employer to establish a substantial relationship between the reasons for denying employment and the requirements of the job. Green v. McDonnell Douglas Corp., 411 U.S. 792, 93 S. Ct. 1817, 36 L. Ed. 2d 668 (1973); Bradington v. I.B.M. Corp., 360 F. Supp. 845 (D.Md.1973). Therefore, we have carefully examined the record in this case, and we find that Ms. Warren fits into a statutory category and was for the period in issue rejected. We also find, however, that she did not meet all the qualifications for the opening at the time she was rejected. We further find that the qualifications were applied in a non-discriminatory manner to the plaintiff.
Ms. Warren first complains that upon application for a position at the hospital she was asked to bring in a copy of her discharge from the Army Nurse Corps so that the hospital could verify her service and "that this is not the procedure when you apply for a job." (N.T.p. 4). Ms. Warren had not yet met any person in the hospital and the only method the hospital had of knowing anything about her was through her application form, which she had filed. Plaintiff contends the hospital knew she was black from the nursing school she attended. The record indicates that the request for an applicant's discharge paper is a normal routine procedure designed to determine the grade at which the applicant will be hired. (N.T. p. 43). There is no evidence in this record that the requirement that an applicant who claims discharge from the Army Nurse Corps must present discharge papers when applying for employment at a Veterans Hospital is in any way racially motivated or that such procedure is used to discriminate.
Ms. Warren also contends that the delay in her employment caused by her physical disability was the result of racial discrimination; that the medical requirement that she had to meet was a mere pretext used to discriminate against her. There is no evidence in this record which supports such a claim. Ms. Warren does not allege, nor does it appear in the record, that the required medical examination discriminates against one particular race or color. Furthermore, a medical examination is obviously job related in this case. The record discloses that her own physician failed to complete the medical form as required, and there is no evidence in the record that the medical examination by the physicians at the hospital was in any manner discriminatory. The record is clear that all applicants must be found physically qualified before employment commences (N.T. p. 45; N.T. p. 53). The record discloses that not only did the examining physicians at the hospital find the applicant unqualified but the hospital's Physical Standards Board found that she was physically unqualified.
Ms. Warren reapplied about two months later, was again given a full physical examination,
passed the examination, and was immediately offered a position with the hospital which she accepted. She has remained in the employ of the hospital.
Ms. Warren further contends that requiring her to fill out Form 85 was not standard procedure and was required of her because of her race and color. There is no evidence in the record which supports this contention, and the Personnel Officer at the hospital testified that Form 85 must be filled out by all nurses before they are permitted to work at the hospital. (N.T. p. 76). Filling out Form 85 is required for employment, and there is nothing in the record which indicates that Form 85 is discriminatory as to race or color.
The record shows that the normal time required to process a nurse's job application at the Veterans Hospital is from two weeks to two months. (N.T. 43). Ms. Warren did not start work until approximately six months after she applied. The delay from January 11, 1973 until February 12, 1973 was the result of her own refusal to fill out Form 85. The delay from August 29, 1972 to January 3, 1973 was caused by the fact that her own personal physician failed to properly complete the examination form, and by the fact that she had been found physically unqualified. The personnel officer testified that to his knowledge the hospital has not turned down any nurse, except perhaps one, in the four years he has been at the hospital.
The plaintiff in this case had no new evidence to offer at the hearing held by this Court on May 8, 1974. At that hearing Ms. Warren stated that she felt she had said all she wanted to say at her hearing before the Equal Employment Opportunity Complaints Examiner. Having been afforded the opportunity to present additional evidence before this Court, a trial de novo is particularly inappropriate since it would disclose no new relevant material and would duplicate all that has occurred before. Plaintiff has failed to establish a prima facie case by showing she was qualified to fill the opening available during the period she alleges that her employment was delayed by discrimination. She has also failed to establish that the qualification requirements were used to discriminate against her. Accordingly, we find that the absence of discrimination is affirmatively established by the clear weight of the evidence in the record.
This opinion is in lieu of findings of fact and conclusions of law pursuant to Rule 52(a) of the Federal Rules of Civil Procedure.
Accordingly, the following Order is entered:
And now, to wit, this 24th day of September 1974, after consideration of the defendant's motion for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure, it is ordered that the motion is granted, and Judgment is hereby entered in favor of defendant, Veterans Hospital, and against plaintiff, Louise Warren.