The opinion of the court was delivered by: DUMBAULD
After a non-jury trial, the Court makes the following Findings of Fact, Conclusions of Law, and Judgment:
1. These are consolidated sex discrimination cases under 42 U.S.C. § 2000e-2(a)(1) which provides:
It shall be an unlawful employment practice for an employer . . . to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin.
As to the legislative history of the inclusion of sex as a forbidden basis of discrimination, see Bradford v. Peoples Natural Gas Co., 60 F.R.D. 432, 434-35 (W.D.Pa.1973).
2. The applicable law and procedure is clearly stated in Dillon v. Coles, 746 F.2d 998, 1002-1005 (C.A. 3, 1984), reviewing in particular the leading cases of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 800-805, 36 L. Ed. 2d 668, 93 S. Ct. 1817 (1973), and Texas Dept. v. Burdine, 450 U.S. 248, 252-59, 67 L. Ed. 2d 207, 101 S. Ct. 1089 (1981). Concerning the doctrine of "constructive discharge," see Goss v. Exxon Office Systems Co., 747 F.2d 885, 888 (C.A.3, 1984).
3. Plaintiff in No. 84-3051, Katerina Levendos, of the female sex, is a resident of Pittsburgh, Allegheny County, Pennsylvania. She duly received a right to sue letter after complaining to the E.E.O.C. [PX-8] This Court has jurisdiction of the case.
4. Plaintiff in No. 84-3053, Elizabeth Levendos, of the female sex, mother of Katerina Levendos, is a resident of Pittsburgh, Allegheny County, Pennsylvania. She duly received a right to sue letter after complaining to the E.E.O.C. [PX-22] This Court has jurisdiction of the case.
5. Evidence was received at a hearing held on June 6, 1988, and after remand in Elizabeth Levendos v. Stern Entertainment, 860 F.2d 1227 (C.A. 3, 1988) on April 19, 20, and 24, 1989 (total of 833 pages). All evidence is applicable in both cases.
6. Defendant Stern Entertainment Inc., is apparently non-existent. Defendant Stern Entertainment Systems, Inc., apparently the proper defendant, is a Pennsylvania Corporation having its principal place of business on the thirteenth floor, Fulton Building, in Pittsburgh.
7. At all relevant times defendant Stern Entertainment Systems owned and operated a restaurant known as "Les Nuages Restaurant", as well as a discotheque known as "Heaven", both located at 105 Sixth Street, Pittsburgh. A part of the discotheque was known as the Orion Club.
Richard Stern was owner and president of the corporation and actively engaged in the business. Herman Hartman, the general manager, reported to him: Hartman's primary responsibility was for the night club, assisted by Robert Davis. Under Hartman was Robert Schilling, assistant manager for liquor, Chef David DeVos, and Elizabeth Levendos, Maitre d' hotel. DeVos and Levendos were co-ordinate, neither being responsible to or for the other, but both reporting to Hartman. [Tr. 147 (June 6, 1988); Tr. 154-56 (April 20, 1989); Tr. 75-77 (April 24, 1989)]
Plaintiff Elizabeth Levendos, in No. 84-3053 went to work at Les Nuages when it opened late in 1979, or early 1980 and when she submitted a letter of resignation on April 22, 1982, had been maitre d' since October, 1981. She was ...