The opinion of the court was delivered by: Ziegler, District Judge.
1. Plaintiff, Philip A. Garland, is a black male who filed a
civil action for money damages, declaratory and injunctive relief
against defendants, USAir, Inc., and the Air Line Pilots
Association, based on Title VII of the Civil Rights Act of 1964,
42 U.S.C. § 2000e, et seq., and the Civil Rights Act of 1866,
42 U.S.C. § 1981.
3. Jurisdiction is based on 42 U.S.C. § 2000e-5(f)(3) and
28 U.S.C. § 1343(a).
4. Plaintiff Garland has satisfied all administrative
prerequisites to the filing of this action, including filing
written charges with the Equal Employment Opportunity Commission;
investigation by the agency; a finding of reasonable cause to
believe that USAir violated Title VII by failing to hire because
of race; receipt of a notice of the right to sue; and the timely
filing of a complaint.
5. Defendant USAir, Inc., published objective criteria for
hiring pilots in a Flight Operations Manual. In the April 24,
1981 insert to the Manual, USAir stated that pilot hires should
have, inter alia, approximately 1,200 total hours of flying
experience with a large percentage of multi-engine and/or heavy
aircraft experience, and a high school diploma with college
background preferred. The insert of December 25, 1981, called for
approximately 2,000 hours of total flying experience with a large
percentage of multi-engine and/or heavy aircraft experience, a
high school diploma and a minimum of two years of college. The
insert of March 2, 1984 contained the same requirements as the
December 25, 1981 insert.
6. From 1981 until 1987, Donna Formoso was the pilot
recruitment coordinator who worked for the Vice Presidents of
Flying, Ronald Sessa (1980-1983) and William Leefe (1983-1988).
Miss Formoso screened the applications that USAir received and
selected those applicants who met objective qualifications. She
then transmitted the file to Captains Sessa and/or Leefe for
their consideration for interview. She learned the required
qualifications from discussions with Captains Sessa and Leefe and
through her experience on the job. Captain Sessa or Captain Leefe
only received applications that met the minimum qualifications.
Ms. Formoso testified that she kept a separate file that
contained the applications of black pilots. This file contained
approximately ten applications at any time.
7. Although all applications were to be processed by Ms.
Formoso, an alternative hiring channel existed wherein relatives,
friends and applicants sponsored by influential persons were
referred directly to Captains Sessa or Leefe. These applications
by-passed screening for minimum qualifications by Ms. Formoso.
Captain Sessa or Leefe then reviewed these applications and told
Ms. Formoso whether to schedule these individuals for interview.
In the period 1981-84, 463 pilots were hired, 19 of whom had
relatives at USAir and at least 39 of whom had influential,
non-relative referrals. All of these 58 applicants were white.
8. At or prior to an interview, Captains Sessa and Leefe would
review the applicant's application. The first page contained the
following question: "Do you have any relatives working for
USAir?" They also received a summary of the person's
qualifications, prepared by Ms. Formoso, which included a section
9. The 17 black pilots hired in 1981-1984 were processed by
Ms. Formoso and, at a minimum, satisfied the written objective
qualifications published in the USAir Flight Operations Manual.
10. Every pilot who was hired through the alternative hiring
channel, which bypassed screening by Ms. Formoso, was white. Some
of the pilots hired through this channel failed to meet the
minimum objective written qualifications that USAir established.
In assessing the qualifications of these applicants, the Vice
President of Flying used undefined, subjective and reduced
standards which were unknown to anyone else. This channel was not
open to qualified black applicants.
11. Captain Sidney Clark, a black pilot, testified that he was
told to use the objective qualifications for pilots which were
published in the USAir Flight Operations Manual. He submitted
130-140 applications of black pilots who met or exceeded the
minimum qualifications to Ms. Formoso, the pilot recruitment
coordinator, not to the Vice Presidents. Only 8 or 9 of these
referrals were interviewed and only 3 were hired.
12. Captain Clark testified that he submitted the applications
of two graduates of the United States Air Force Academy, which
Captain Leefe said would be an extremely impressive credential.
Neither graduate of the Air Force Academy was interviewed.
13. Captain Clark testified that he encountered such lack of
success in getting qualified black applicants interviewed that he
concluded that submission of an application by him was
detrimental to the applicant. He testified that he instructed one
applicant not to say that he knew Captain Clark. When that
applicant said at his interview that he did not know Captain
Clark, he was hired.
14. Captain Clark was a credible witness who testified without
apparent bias to either party. He substantiated the failure of
USAir to hire qualified black pilot applicants whose applications
were hand-delivered to Ms. Formoso.
15. Philip A. Garland was an experienced airline pilot when he
applied for hire with USAir by submitting a resume in March 1981
with a photograph which showed that he was a black male. He
submitted a formal application in July 1981 together with a
16. Although he submitted an application in July 1981, Garland
was not interviewed by USAir until October 1982 at which time he
was found to be qualified. Captain Garland was hired in December
17. During the fifteen months that Plaintiff Garland waited to
be called for an interview, USAir continued to interview white
applicants, many of whom were less qualified than plaintiff. The
court finds that USAir hired a number of white relative and
influential referral applicants, as well as less or equally
qualified white applicants, while Captain Garland waited to be
18. of the other nine applicants who were interviewed with Mr.
Garland on October 20, 1982, all of whom were white, two were
found unacceptable and one failed the simulator test. That
applicant was retested on the simulator in November 1982 and
found qualified. She was hired in December 1982. of the eight
candidates who were found to he acceptable, all but Captain
Garland were offered positions immediately. One refused, and the
other six were hired in the period November 1982 to January 1983,
before Captain Garland was hired.
19. Plaintiff Garland received a lower experience rating than
24 of the 39 white pilot applicants identified as having
influential non-relative referrals, despite the fact that he had
more total flight hours than 37 of the 39 applicants and more
multi-engine flight hours than 31 of the 39 applicants. Only 8 of
the 39 were airline pilots.
20. Plaintiff Garland received a lower background rating than
19 of the 30 "influential referral group" applicants despite the
fact that he had an ATP certificate and 11 members of this group
did not; plaintiff had a flight engineer certificate and 26
members did not; and he had an FAA type rating on jet aircraft
and 27 had neither an FAA type rating on jet aircraft nor turbo
21. Professor James Kenkel concluded, and this court finds
that, based on objective criteria, Captain Garland should have
been given higher subjective scores for background and
22. Captain Garland should have been interviewed and hired
shortly after submitting his application in July 1981. USAir did
not hire him with the November 1982 class when Captain Sessa
testified that he was qualified or with the March 1983 class when
there was no question that he had successfully completed all
phases of the interview process.
24. Professor Kenkel reached the conclusion that, based on
objective data which he used, Captain Garland was the most
qualified applicant in his interview group and among the top
eight applicants of the 91; yet he was not hired until almost
three and one-half years after he had applied.
25. Professor Kenkel concluded, and this court finds that:
A. USAir did not hire the most qualified applicants. Captain
Garland was better qualified than many of the applicants who were
B. Captain Garland was better qualified than the typical white
applicant in his sample.
C. Captain Garland was better qualified than the typical
applicant who had a relative at USAir.
D. Captain Garland was better qualified than the typical
applicant who had an influential non-relative referral.
E. Captain Garland was better qualified than the typical
applicant who was deficient in some way based on ...