Evenson v. Northwest Airlines, Inc., Civ. A. No. 3961.

• Citation: 268 F. Supp. 29
• Decision Date: 17 March 1967
• Docket Number: Civ. A. No. 3961.
• Court: U.S. District Court — Eastern District of Virginia
• Parties: Judith EVENSON, Plaintiff, v. NORTHWEST AIRLINES, INC., Defendant, Equal Employment Opportunity Commission, Intervenor.

268 F. Supp. 29

Judith EVENSON, Plaintiff, v. NORTHWEST AIRLINES, INC., Defendant Equal Employment Opportunity Commission, Intervenor.

Civ. A. No. 3961.

United States District Court E. D. Virginia, at Alexandria.

March 17, 1967.

A. Andrew Giangreco, Alexandria, Va., for plaintiff.

Klagsbrunn & Hanes, Washington, D. C., Boothe, Dudley, Koontz, Blankingship & Stump, Alexandria, Va., of counsel, for defendant.

C. Vernon Spratley, U. S. Atty., Norfolk, Va., for intervenor.

ORDER AND MEMORANDUM OPINION

OREN R. LEWIS, District Judge.

Upon consideration of the pleadings, evidence, argument of counsel and authorities cited in support of their respective contentions, the Court is of the opinion that the motions to dismiss filed by the defendant ought to be denied, and

It Is So Ordered.

This suit was brought under § 706(f), Title VII of the 1964 Civil Rights Act, § 2000e-5 of Title 42, U.S.C., by a former stewardess of Northwest Airlines alleging that she had been forced to resign from the defendant's employ by reason of discrimination due to her sex.

The defendant, Northwest Airlines, Inc., moved to dismiss the complaint for lack of jurisdiction over the subject matter and for failure to state a claim upon which relief can be granted, and for improper venue.

The United States Equal Employment Opportunity Commission, by the Attorney General of the United States, moved to intervene pursuant to Rule 24(b) of the Federal Rules of Civil Procedure. The motion was granted and the United States participated in the hearing and filed a written brief in support of its position.

The facts, so far as these motions are concerned, are not in dispute. Before becoming a stewardess in Northwest's employ the plaintiff was required to and did sign a pre-employment contract agreeing to resign upon marriage or, failing to resign, agreeing to be dismissed upon marriage. The gravamen of her complaint is that males performing the same duties as a stewardess are neither forced to resign or are dismissed upon marriage.

The plaintiff was stationed at the Washington National Airport; she requested a transfer to Seattle in June of 1965. She was informed by the company that her request would be recognized in seniority order when a vacancy occurred. Her seniority number was then 362. Another stewardess, whose seniority number was 443, sought a transfer to Seattle.

The plaintiff, pursuant to the terms of her pre-employment contract, gave Northwest notice that she was being married and submitted her resignation on July 31, 1965, to become effective August 15, 1965. (She did not withdraw her June request to transfer from Washington to Seattle.) On August 1, 1965 the stewardess with less seniority was transferred to the Seattle office.

On October 25th the plaintiff filed charges against the defendant with the Equal Employment Opportunity Commission alleging her forced resignation constituted an act of discrimination based upon sex. Northwest Airlines was officially informed of this complaint on November 16, 1965. Subsequently E.E.O.C. found there was "reasonable cause" to believe that Northwest Airlines had engaged in a discriminatory employment practice prohibited by Title VII of the Civil Rights Act of 1964.

Two letters were sent to the plaintiff and one was sent to Northwest Airlines by E.E.O.C., all dated January 3, 1966. The first letter advised the plaintiff that E.E.O.C. had found "reasonable cause" in her case and that the Commission would attempt to eliminate the practice by conciliation, as provided for in the Act. The second letter (under the same date) advised her that conciliation efforts had failed and informed her that she had a right to institute suit within thirty days from the receipt of the said letter. (The instant suit was filed January 20, 1966.)

The January 3rd letter addressed to the defendant informed Northwest there was reasonable cause to believe the company had engaged in an unlawful enployment act and that an E.E.O.C. conciliator would get in touch with them. This letter goes on to state that the complaint was filed during the early stages of the administration of the Act and the Commission has been unable to conciliate the matter within the sixty-day period provided for by § 706 of the Act.

No one from E.E.O.C. contacted Northwest in person re conciliation until on or about January 20, 1966.

The plaintiff lived in Arlington, Virginia, and was stationed at the Washington National Airport prior to and on August 15, 1965. (Both are within this judicial district.) Her trip records are maintained at Northwest's branch...