The opinion of the court was delivered by: MARSH
1. Plaintiff, Louise A. Batyko, is a female citizen of Pennsylvania and at all times relevant hereto was an employee within the meaning of § 701(f) of Title VII of the Civil Rights Act of 1964, as amended.
2. Defendant, Pennsylvania Liquor Control Board (Board), was, at all times relevant hereto, an employer within the meaning of § 701(b) of Title VII of the Civil Rights Act of 1964, as amended.
3. The court has jurisdiction of the within matter pursuant to § 706(f)(3) of Title VII of the Civil Rights Act of 1964, as amended, plaintiff having complied with all requirements of the Act to exhaust federal and state administrative remedies, to-wit:
(a) Plaintiff was terminated from her employment on January 24, 1975, and filed a charge with the Equal Employment Opportunity Commission on January 30, 1975;
(b) Plaintiff filed a discrimination charge with the Pennsylvania Human Relations Commission on March 17, 1975;
(c) The Equal Employment Opportunity Commission issued a right to sue letter on October 23, 1976, and plaintiff filed the complaint in the above-captioned action in this court on January 11, 1977.
4. Sometime prior to October 5, 1974, the plaintiff took a Commonwealth of Pennsylvania Civil Service Examination.
5. Plaintiff's grade on her Civil Service Examination with the addition of a veterans' preference which she received resulted in her having the highest score of those job applicants on the list certified by the Civil Service Commission for the job of liquor store clerk in Westmoreland County, Pennsylvania. A copy of this certification list was received by Gerald P. Jones, the supervisor for state liquor stores in Westmoreland County.
6. Plaintiff signed an application for a job as liquor store clerk and in September, 1974, she was interviewed by Jones.
7. At that time, a vacancy for a liquor store clerk existed at the Franklin Plaza store, Murrysville, Westmoreland County, Pennsylvania. The job of liquor store clerk requires heavy physical labor as well as duties at the sales counter.
8. Because plaintiff was number one on the Civil Service list, and had applied for a job as a liquor store clerk, the Board was required to offer plaintiff a job to fill the vacancy in Westmoreland County. She had to be hired ...