The opinion of the court was delivered by: DIAMOND
Plaintiff brought this action pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., seeking declaratory, injunctive, and monetary relief on the grounds that she was victimized by the defendant's sexually discriminatory hiring practices.
The case was tried to the court, which now makes the following Findings Of Fact and Conclusions Of Law upon which judgment will be rendered in favor of the defendant and against the plaintiff.
1. Plaintiff, Patsy Ricciuti Ross, is a female who resides within the Western District of Pennsylvania.
2. Defendant, Jones & Laughlin Steel Corporation, is a corporation doing business, among other places, at California, Pennsylvania, which is within the Western District of Pennsylvania.
3. Defendant's Coal Division comprises several deep coal mines and related general machine shop and preparation plant facilities.
4. Applications for jobs in defendant's Coal Division are accepted at only one location, a central employment office located in California, Pennsylvania.
5. One Ralph Boden is the Employment Supervisor for defendant's Coal Division.
6. On or about July 21, 1975, plaintiff filed a written application for a laborer's position with defendant.
7. From the time of her application until May, 1977, plaintiff was a self-employed beautician.
8. According to her application, plaintiff's entire work history after her graduation from high school had been as a trained cosmetologist. In fact she had never been employed as a laborer, although we accept as true her testimony at trial that she had done some laborer type work at home such as shoveling slag and carrying firewood.
9. Shortly after receiving plaintiff's application, Ralph Boden mailed employment reference inquiries regarding her to two beauty salons, which were the only places of prior employment listed by plaintiff on her application.
10. At the time of plaintiff's application, defendant had approximately 3,000 job applications on file for Coal Division laborer positions, and it received such applications at the rate of approximately 220 per month.
11. Defendant employs approximately ten percent of those who apply for Coal Division jobs, and as a matter of practice it ...