The opinion of the court was delivered by: NEWCOMER
FINDINGS OF FACT AND CONCLUSIONS OF LAW
This action is brought by the plaintiff to redress an alleged violation of Sections 706(f)(1) and (3) and 706(g) of Title VII of the Civil Rights Act of 1964, as amended Title 42 U.S.C. § 2000e et seq. Plaintiff seeks injunctive and other appropriate relief, including an award of back pay. Jurisdiction of this Court is based on 28 U.S.C. § 1345.
The plaintiff, the Equal Employment Opportunity Commission, has brought this action on behalf of Mr. Jeffrey Ferguson, a black male. Mr. Ferguson was formerly an employee of defendant Greyhound Lines (hereinafter Greyhound). He was discharged because of his failure to comply with Greyhound's "no beard" policy.
1. Greyhound is a corporation organized under the laws of the State of California and is doing business in the Commonwealth of Pennsylvania. It is in the business of providing inter-city bus transportation as a common carrier, and has a terminal located at 17th and Market Streets in the City of Philadelphia.
2. This Civil Action has been brought pursuant to Section 706(f)(1) and (3) and 706(g) of Title VII of the Civil Rights Act of 1964, as amended, Title 42 U.S.C. Section 2000e et seq. (1976 ed.), hereinafter referred to as Title VII.
3. Greyhound Lines, Inc. is an employer within the meaning of Section 701(b) of Title VII of the Civil Rights Act of 1964, as amended, Title 42 U.S.C. § 2000e-(b).
5. Since at least July 2, 1965, Greyhound Lines, Inc. has continuously and does now employ twenty-five (25) or more employees for each working day in each of twenty or more calendar weeks within the meaning of Section 701(b), of Title VII, Title 42, U.S.C. § 2000e(b).
6. More than thirty (30) days prior to the institution of this lawsuit, Jeffrey B. Ferguson filed a charge with the Equal Employment Opportunity Commission alleging a violation of Title VII by Defendant Greyhound.
7. Jeffrey B. Ferguson is a 27 year old black male. He was discharged from Greyhound because of his inability to comply with the company's "no beard" policy. Greyhound's grooming policy requires that all male employees who have contact with the public must be clean shaven.
8. Greyhound's supervisors are not permitted to deviate from strict enforcement of the grooming standard. No exceptions are made to the "no beard" rule.
9. Mr. Ferguson was discharged by the terminal manager pursuant to the personal appearance directive, No. PR-14, paragraph three which states: "Beards, goatees, muttonchops or other facial hair growths of an extreme or bizarre type are neither acceptable or permissible and are calculated to impair the neat and tidy ...