were plant operations experience and quality of work.
36. Defendant's performance appraisal for Mr. Cooper covering the period from January 1, 1971 until December 31, 1971, after the plaintiff had been terminated, rated him average and states that the quality and quantity of his work were satisfactory. The report also stated he needed further training and was dedicated to his work. The performance appraisal for February 1972 to June 1972 also rated him average but added that he was well organized, willing to learn, enthusiastic and a good candidate for promotion with good long range potential.
37. The performance appraisal for the period June 1972 to June 1973 rated Mr. Cooper "satisfactory", the equivalent of average. It adds that he was "well rounded", was gaining confidence, was enthusiastic and had a good rapport with his supervisors. He was said to be an excellent candidate for promotion to the home office.
38. The performance appraisal for the period June 1973 to June 1974 rates Mr. Cooper "above average." It goes on to say that he is "very enthusiastic and capable"; is "well organized"; has "exceptionally good rapport with Plant Supervisors and co-workers"; is "very innovative"; is a "self-starter". He is said to be an excellent candidate for promotion to the home office.
39. To summarize, while the plaintiff began as an above average employee, his performance as appraised by his superiors gradually degenerated until it was substandard. In addition, his attitude toward his work and his supervisors and co-workers was poor by the time of his termination. At the same time, Mr. Cooper's performance, initially rated below average, improved to average and was superior to the plaintiff's performance at the time of the plaintiff's termination. In addition, Mr. Cooper's records show that he consistently had a good attitude toward his work and worked well with his supervisors and co-workers. Moreover, Mr. Cooper's performance continued to improve in the succeeding years, and he achieved exempt status after about three years of service.
40. Anthony D. Williams, a Black male was hired July 7, 1969, as a "looper" in the Personnel Department. He received an unsatisfactory rating in the June 1, 1970, annual report to the vice president. He was also denied a merit increase and had requested a transfer to the home office for college recruitment. The report states he was advised of his shortcomings including absenteeism, lack of motivation, and bad attitudes toward supervisors and co-workers. He was again rated below average in the September 10, 1970 quarterly report. He was placed on probation and received a disciplinary warning.
41. Benjamin Boyleston, personnel manager during the time the plaintiff was employed at Bethlehem, stated that while minority groups are not treated differently with regard to hiring and promotions, Bethlehem did have an affirmative action program. The program appears to have focused on recruitment efforts at predominantly Black colleges. In addition, pursuant to Executive Order 11246 for federal contractors, Bethlehem set up written guidelines and a review procedure to help insure that minority group members, once hired, were fairly considered for promotions. While there was an effort to increase minority representation in the supervisory positions, there was no requirement to retain employees whose performance was considered inadequate.
42. Bethlehem also has a policy of notifying employees if their performance is substandard. This notice may be informal, through conferences with superiors, or it may be through a formal notice of probation. If the work force as a whole had to be reduced, however, employees whose performance was substandard would be terminated or laid off, and employees whose performance was up to par, would be retained if economic conditions permitted.
43. In October 1970, the entire steel industry experienced an economic slump. As a result, Bethlehem's management decided to reduce the company's work force, and each plant and department was asked to review its personnel to determine where cuts could be made. At the Bethlehem plant alone, some one hundred-six salaried employees were laid off.
44. On November 27, 1970, both the plaintiff and Anthony Williams were terminated by the defendant as part of this program of general cut-backs. Woodrow Cooper was retained.
45. On November 16, 1970, John G. Davies addressed a memorandum to E. P. Gillette, assistant to the vice president, Steel Operations. The subject of the memorandum was the termination of the plaintiff. He cited the following reasons for the termination:
(1) His repeated requests for transfer indicated a lack of interest in labor relations;
(2) His desire for a transfer had an adverse effect on his performance, his attitude toward both his work and his co-workers, and his effectiveness within the unit;