The opinion of the court was delivered by: ANITA B. BRODY
In this action I am called upon to decide whether a worker was discriminated against on the basis of race in his wage rate and in being laid off from the work force, and whether he was not rehired in retaliation for filing suit against his employer with the Equal Employment Opportunity Commission. I find that the plaintiff has not proved that he was discriminated against on the basis of race in either the wage or layoff contexts, but that he has proved the retaliatory non-rehiring claim.
I conducted a bench trial on January 6th and 12th. From the evidence and testimony I make the following findings of fact.
1. Snyder Doors Corporation is a corporation operating in Philadelphia, Pennsylvania. Stipulation of Parties.
2. At all times material to this action, Howard Snyder has continuously been and is now an owner, Vice President, and General Manager of Snyder Doors. Stipulation of Parties.
3. Micah Bullock, a black male, has been employed at Snyder Doors since 1981. He ranks second in supervisory authority to Howard Snyder in the Company. Stipulation of Parties.
4. At all times material to this action, Snyder Doors has continuously had and does now have at least fifteen employees. Stipulation of Parties.
5. At all times material to this action, approximately seventy-five percent of the workers at Snyder Doors were black. Stipulation of Parties.
6. Plaintiff EEOC has met all statutory conditions precedent to the prosecution of this lawsuit under Title VII. Stipulation of Parties.
7. Snyder Doors hired David Powell, a black male, on December 13, 1982 to work in the Doors Department as a door assembler. Stipulation of Parties.
8. David Powell was hired with a starting hourly rate of $ 5.80 per hour. Stipulation of Parties.
9. David Powell was paid the following hourly rates as of the following starting dates.
a. September 21, 1988 -- $ 9.25.
b. September 20, 1989 -- $ 9.70.
c. September 6, 1991 -- $ 10.00.
d. September 20, 1991 -- $ 10.40.
e. September 17, 1992 -- $ 11.00.
These dates and wages are relied upon by the EEOC as the points of comparison with similarly situated white employees for the claim of racial discrimination in wage rates.
10. Richard Potter, Joe Wrightson, and Peter Rjabanedelia, three white males, were hired in or around 1984. Stipulation of Parties.
11. Richard Potter had taken on some supervisory and administrative responsibilities, different from the work done by David Powell, before April, 1990 when David Powell was laid off. Testimony of Howard Snyder and Richard Potter.
12. Richard Potter was paid the following hourly rates as of the following starting dates.
a. January 7, 1989 -- $ 9.50.
b. January 4, 1989 -- $ 10.00.
c. May 24, 1989 -- $ 10.20.
d. September 20, 1989 -- $ 10.50.
e. September 20, 1990 -- $ 11.20.
f. September 20, 1991 -- $ 11.65.
g. September 17, 1992 -- $ 12.00.
13. Peter Rjabanedelia was paid the following hourly rates as of the following starting dates:
a. September 22, 1988 -- $ 9.50.
b. September 20, 1989 -- $ 10.00.
c. September 20, 1990 -- $ 11.00.
d. September 20, 1991 -- $ 11.44.