Nanty v. Barrows Co.
| Decision Date | 07 January 1980 |
| Docket Number | Civ. A. No. CIV 78-21 PHX CAM. |
| Citation | 483 F. Supp. 101 |
| Parties | Herbert NANTY, Plaintiff, v. The BARROWS COMPANY formerly Barrows Furniture Company, Defendant. |
| Court | U.S. District Court — District of Arizona |
Bendheim & Mote, Phoenix, Ariz., for plaintiff.
Evans, Kitchel & Jenckes, Phoenix, Ariz., for defendant.
In this action, which was tried to the Court, plaintiff alleges that defendant violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e, et seq., discriminating against him in its hiring practices because of his race (American Indian) by refusing to permit him to apply for a position as a driver at their warehouse, while at the same time accepting applications for employment from and hiring Caucasians for the same or similar positions. Plaintiff seeks back pay, injunctive relief, an Order requiring defendant to implement an affirmative action program designed to eliminate the effect of discriminatory practices, an Order requiring the defendant to employ plaintiff as a truck driver, an Order retaining jurisdiction over this action to assure full compliance with the Orders of this Court and with Title VII of the Civil Rights Act of 1964, as amended, and an Order granting plaintiff reasonable attorneys fees, court costs and disbursements.
The parties have agreed to the existence of the following facts, as set out in the Pre-trial Order:
1. Herbert Nanty is an American citizen of American Indian ancestry.
2. Barrows Furniture Company is an employer under Title VII of the Civil Rights Act of 1964, as amended.
3. The Defendant does business in the State of Arizona and in this judicial district.
4. Curt Crawford, an employee of Defendant, was in charge of hiring drivers for Defendant during the period of the acts complained of.
5. At the time of the acts complained of, Defendant regularly employed drivers and handlers.
6. Defendant paid drivers a higher hourly wage than handlers.
7. From time to time Defendant notified the Job Bank of the Arizona Department of Economic Security that it was seeking to hire qualified employees.
8. During the months of August and September of 1973, Barrows hired nine drivers, all of whom were Anglo. During the same period of time it hired forty-six handlers; of these, thirty-one were Anglo, thirteen were Spanish surnamed Americans, and two were American Indians.
9. The Job Bank received and wrote up an order from Defendant for a driver on September 24, 1973.
10. Plaintiff received a referral from the Job Bank of the Arizona Employment Service with instructions to apply at Barrows on September 25, 1973. The Job Bank did not inform Barrows of the referral.
11. Defendant employed two Caucasians as drivers on September 28, 1973.
12. In addition to requiring basic skills possessed by drivers such as experience and possession of an appropriate chauffeur's license, Barrows requires that drivers be neat in appearance and reasonably articulate as they are called upon to deal with customers to whom they deliver furniture. Much furniture is delivered on a C.O.D. basis and drivers have the responsibility for receiving and handling sums of money, often in excess of $1,000, and, if necessary, answering questions and otherwise discussing the transaction with customers.
13. On Saturday, September 22, 1973, driver Kenneth Gowens worked his last day as a Barrows employee. The fact that he had quit his employment was not known to Barrows until Mr. Crawford received a note from Mr. Gowens from El Centro, California, on or after September, 25, 1973.
14. On September 25, 1973, driver Cyrus Will was terminated by Barrows.
15. The vacancies occasioned by the departure of Messrs. Gowens and Will were filled on September 28, 1973, when Barrows hired a Mr. Walker and a Mr. Bobinac as drivers, both Caucasian. Mr. Bobinac was almost immediately reassigned to the position of finisher.
The Court adopts the foregoing stipulations of the parties and incorporates them in its Findings of Fact.
The contentions of the parties, as expressed in the Pre-trial Order, are set forth below:
Plaintiff contends that after he received his referral from the Job Bank he went to Barrows Furniture Company on September 25, 1973, and asked to apply for a job as driver. Plaintiff was denied the opportunity to fill out an application for employment, and was told that the job had been filled. Defendant continued to seek drivers and hired two Caucasian drivers on September 28, 1973. Plaintiff contends further that he was qualified in all respects to apply for a job as a driver. Finally, it is alleged that Defendant's refusal to permit Plaintiff to apply for a position as driver was based upon Plaintiff's race, and this was consistent with Defendant's policy of hiring members of minority groups only as handlers, a lower paying position, and hiring virtually no members of minorities as drivers.
Defendant denies the contentions of Plaintiff, and further contends that in any event Plaintiff was not suitably qualified to fill a driver position for Defendant.
In addition to those facts stipulated to by the parties and set out hereinabove, the Court makes the following findings of fact:
Plaintiff was informed by a friend of a friend that there was a job as a truck driver open at Defendant's warehouse. He went to the warehouse three times to...
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Nanty v. Barrows Co.
...that Barrows discriminated against him in its hiring decision on the basis of race. Following a short trial, the district court, 483 F.Supp. 101, entered judgment for The events leading up to this lawsuit are not seriously disputed. On September 23, 1975, Barrows placed an order with the Ar......