The opinion of the court was delivered by: NEWCOMER
Plaintiff alleges racial discrimination in employment in violation of 42 U.S.C. § 1981. The following comprises findings of fact and conclusions of law as required by Fed.R.Civ.P. 52.
Federal question jurisdiction lies in this Court by virtue of 42 U.S.C. § 1981. Claims based on Title VII, 42 U.S.C. § 2000e et seq., were dismissed at trial as untimely, the complaint having been filed after the expiration of the 90 day time limitation.
John Davis alleges intentional racial discrimination on the part of defendant arising out of three separate categories of allegedly discriminatory treatment. First, plaintiff alleges that defendant failed to hire him as a craftsman as promptly as similarly situated whites, and that defendant failed to promote him within his craft as promptly as he deserved to be promoted. Second, plaintiff alleges that he was denied the use of equipment offered to others, and that this denial was a part of systematic harassment that was motivated by racial discrimination. Third, plaintiff alleges that he was denied assistance on the job when, because of physical impairment, he could not carry out certain heavy work. Plaintiff alleges that this denial of assistance was based on intentional racial discrimination.
a. Initial Appointment and Promotion
Plaintiff was hired by defendant on March 13, 1973 and assigned to work as a laborer in the Pipe Mill department. Plaintiff was given a welding test and assigned on May 7, 1979 as a starting welder.
Having reviewed plaintiff's job application and having compared it with other applications filed at approximately the same time, having considered the hiring record of United States Steel Corporation, and having considered the testimony of Lawrence Edwards, I find that plaintiff was offered the first available craft position for which he was qualified after he was hired.
Plaintiff alleges that he was denied important welding equipment and safety equipment. As to the equipment for use on the job such as his pants, which he claims were too large, and his helmet, which he claims was damaged, I cannot find any evidence of disparate and adverse treatment. Mr. Davis testified that he was promised the first new helmet to be delivered and the uncontradicted evidence is that plaintiff was given the smallest pair of pants available. The evidence of Mr. Faust, which I find credible, is that many of the welders at U.S. Steel modify at their own expense the equipment issued to them when it is not satisfactory. Plaintiff also alleges that he was discriminated against in the assignment of the few combination torches. As it appears from the evidence that the combination torches were assigned to a relatively small number of welders and that a number of white welders also did not receive combination torches, and I cannot deduce from the facts revealed at trial any evidence of intentional racial discrimination against the plaintiff. Finally, plaintiff alleges that he was denied the use of ...