We do not find that Smith was not hired because of his race. There is no violation of Title VII in not hiring an applicant who does not have a reliable means of getting to the job, which was the reason we find for this rejection of the application not pressed by the applicant.
3. Franchot Carswell
Franchot Carswell is a Black male who telephoned the Hospital during the first week of December, 1977, to inquire about a job as a housekeeper, janitor, or kitchen helper, and who was asked to fill out an application form to be mailed to him. His application was received about December 8, 1977, and he did not indicate his race on the form, and he never went to the Hospital. He gave his age as 17, presently attending high school, and indicated he would continue to attend school for the next seven months. He applied only for full time employment and made no mention of any work study or work release programs for part time employment. In any event, the Hospital's failure to hire Carswell was not shown to have resulted from race discrimination, since they did not know his race.
4. Wallace Butler
Wallace Butler, a Black male, testified he saw an advertisement in the Pittsburgh Press and went to the Hospital on May 18, 1976, and filled out an application for employment as a Male Nurse Assistant or Orderly, stating he had previous Orderly experience. The Hospital's research indicates that no such advertisement or application existed. They hired a White Male Nurse Assistant on September 13, 1976, who had applied more recently (August 23, 1976), was a college graduate with a major in general science, and had previous work experience related to the Male Nurses Assistant position. Butler had not completed the ninth grade.
We cannot find that the Hospital discriminated against Wallace Butler because of his race.
5. Arthur Pope
is a Black man who went to the Job Placement Service of the Veteran's Administration seeking help in securing employment. The Hospital had listed a vacancy for a Storeroom Clerk early in 1972, and Mr. Russo of the V.A. told Pope about the vacancy on January 14, 1972. After Pope read the qualifications and seemed to meet them, Russo called the Hospital and arranged an interview for 4:00 P.M. that day. In order to reach the Hospital on time from Downtown Pittsburgh, Pope took a taxi cab. He was interviewed by Paul Warman, Storeroom Supervisor, and Pope told Warman about his storekeeper experience in the Navy, and indicated that he would come to work by car or bus. Mrs. Hough, the Personnel Director, asked Warman not to make a final decision on the vacancy until he had interviewed a David Hoagland, whom she had already interviewed, because he had indicated he could also operate a multilith machine. (They were looking not only for a Storeroom Clerk, but also for someone who could handle the multilith machine on a relief basis.) Warman interviewed six applicants, including Pope, even though Hoagland seemed to have the advantage, and after he interviewed Hoagland, Warman hired him. Warman testified that Pope did not live near enough to the Hospital to get there for disaster drills or emergencies although it was admitted that there never had been a disaster in the Hospital's history that required calling in off-duty employees. Warman also testified he was concerned about Pope's very abrupt manner, which he felt might interfere with his ability to deal with other Hospital personnel. He said such contacts are an important part of the job and, thus, when Hoagland appeared to be better qualified, he was hired. It appears that Hoagland did very little printing as the Storeroom Clerk because his other duties kept him fully occupied. Further, he proved not to be as skilled in printing as his application had indicated. He left the Hospital in October 1972 to enter the military service.
Later in 1972, a reorganization took place when Henry Yester was hired as the Director of Materials Management. The printing function remained the same, but the storeroom functions were transferred to Yester's control. Thus, no combination job existed thereafter to be filled. In October of 1972, when Hoagland left, the Hospital hired Gary O'Mahoney as the more recent applicant, and because he lived close to the Hospital. In September 1973, O'Mahoney left and Harvey Davison was transferred into the vacancy, since his capabilities were known to the Hospital. Here, again, race was not the determining factor.
H. PROXIMITY PREFERENCE
It has been shown that enough of the White employees were transferred to the North Hills facility between 1964 and 1969 to result in 90% Of the employees at the old facility being Black at the time of its closing. When the old facility closed, 75 Black employees left the employ of the Hospital. No offer of employment, with transportation provided, was extended to the Black employees at the old facility.
Instead, the EEOC contends that when the Hospital began recruiting employees, it announced a rule requiring a group of employees to reside within walking distance (an admittedly White area) or within 20 minutes travel time from the Hospital. The EEOC attempted to sustain a finding that such rules existed, not on direct evidence from its own witnesses, Drs. Smith and Christian, who denied it, but through argument based on the conclusion that geographic analysis of the work force supported the rule's existence a long jump to a conclusion which this Court declines to make. They say 91% Came from areas within a 20 minute driving time, no explanation was made concerning the 9% That did not.
Dr. John Lehoczky had this to say in his report:
"The applicants for employment over the period March, 1975 to September, 1977 were studied for their geographical distribution. This study was undertaken in an attempt to learn if the distribution of employees at NHPH was similar to the distribution of applicants for employment. If this were the case, then the observed distribution of employees (which is heavily weighted with residents of the Primary Service Area) could be explained by the applicant flow pattern rather than some hiring rule (a "20 minute rule' for example).
There was a total of 4171 applications for employment over this period. Of these applications 3107 or 74.5% Came from residents in the Primary Service Area of NHPH while 25.5% Came from outside this region. Of those with addresses outside the Primary Service Area, a large number live either outside Pennsylvania or in Pennsylvania, but beyond reasonable commuting distance (Erie, Harrisburg, Philadelphia, State College, for example). We must recognize that some of these individuals may be college students who have permanent residences within commuting distance of the Hospital, but it is impossible to tell. It is certain that the address given for each individual would not be the residence of this individual if he or she were to be employed by NHPH. Consequently these 179 applicants have been removed from the calculation.