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NOVOTNY v. GREAT AMERICAN FED. S&L ASSN.
April 22, 1977
JOHN R. NOVOTNY
GREAT AMERICAN FEDERAL SAVINGS & LOAN ASSOCIATION, JOHN A. VIROSTEK, JOSEPH E. BUGEL, JOHN J. DRAVECKY, DANIEL T. KUBASAK, EDWARD J. LESKO, JAMES E. ORRIS, JOSEPH A. PROKOPOVITSH JOHN G. MICENKO and FRANK J. VANEK
The opinion of the court was delivered by: SNYDER
John R. Novotny filed this Complaint against Great American Federal Savings & Loan (GAF) under 42 U.S.C. § 1985(3), invoking jurisdiction under 28 U.S.C. § 1343 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging that GAF fired him from his position because he charged them with discrimination against female employees. GAF has moved to dismiss the Complaint, and the Motion will be granted.
John Novotny was employed by GAF in 1950 and at the time of his termination was an undesignated employee, having not been reelected as Secretary or as a Member of the Board of Directors. He contends that from January, 1966, the individual Defendants, on behalf of GAF, "embarked upon a course of conduct the effect of which was to deny the female employees equal employment opportunity . . . for promotion and advancement." He listed the following types of actions:
"(a) Promoting male employees with less experience, fewer years of service and less qualification over more qualified female employees;
(b) Providing education and training to male employees which was not provided to female employees;
(c) Making known to male employees job vacancies which were not made known to female employees;
(d) Evaluating male employees in accordance with different and subjective criteria than those applied to female employees;
(e) Categorizing certain jobs as 'male' or 'female' and promoting in accordance with these categories;
(f) Creating an atmosphere inimical to the asperations [sic] of female employees by subjecting all female employees to the supervision and control [sic]
(g) By providing different and lesser degrees of fringe benefits to female employees than to male employees;
(h) By demoting qualified female employees and replacing them with less qualified male employees."
The female employees had expressed their dissatisfaction with the company's policy, and one of them was fired. Novotny alleges that he supported the female employees before the Board and claims a conspiracy of the individual Defendants to prevent his support of equal employment rights for women. He demands money damages from the Defendants in his Complaint and asks that they be enjoined from any further acts of discrimination and ordered to comply with applicable provisions of the law dealing with equal employment opportunity.
The Defendants assert Novotny's lack of standing since he is not being discriminated against. Novotny counters that the Supreme Court in Griffin v. Breckenridge, 403 U.S. 88, 91 S. Ct. 1790, 29 L. Ed. 2d 338 (1971), held that a plaintiff need not be a member of the class toward which the invidiously discriminatory animus is directed. The Defendants distinguish Richardson v. Miller, 446 F.2d 1247 (3d Cir. 1971) which allowed a nonmember to recover, stating that decision was based on the fact the plaintiff was proceeding pro se and that fact persuaded the court to be more liberal in its application of the § 1985(3) remedy. Also, the Defendants contend that the Richardson case dealt with an issue of race discrimination, and ...
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