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Calloway v. Westinghouse Electric Corp.

Citations: 642 F. Supp. 663; 41 Fair Empl. Prac. Cas. (BNA) 1715; 1986 U.S. Dist. LEXIS 21887Docket: Civ. A. 77-34-ATH

Court: District Court, M.D. Georgia; August 4, 1986; Federal District Court

Narrative Opinion Summary

This case involves allegations of racial discrimination by Westinghouse Electric Corporation against black employees and applicants at its Athens, Georgia plant. The plaintiffs, initially including Major D. Calloway and James Moses, filed a lawsuit alleging discriminatory practices in job assignments and promotions. The case was certified as a class action under Rule 23(b)(2), encompassing all black employees and applicants since November 20, 1968. The plaintiffs asserted claims of disparate treatment and disparate impact under Title VII and Section 1981, supported by statistical evidence and direct testimonies revealing discriminatory practices, including racial coding and subjective decision-making. Westinghouse's defenses, including the bona fide seniority system, were partly upheld, limiting liability for certain claims. However, the court found a pattern of intentional discrimination in job assignments and promotions, shifting the burden to Westinghouse, which failed to provide sufficient rebuttal. The ruling allows the case to proceed as a class action for injunctive relief, with individual claims favoring the plaintiffs except for those restricted by the seniority system. Remedies are yet to be determined, with proposals for damages and class notification pending.

Legal Issues Addressed

Adequacy of Class Representation

Application: The court evaluated the competence of class counsel and absence of conflicting interests among class members to ensure adequate representation.

Reasoning: The court must ensure that class counsel is competent and that the interests of the named plaintiffs do not conflict with those of the class.

Bona Fide Seniority System Defense

Application: The court upheld Westinghouse's seniority system as bona fide under Title VII, protecting against claims related to promotions within the hourly unit.

Reasoning: The Supreme Court defines a seniority system as one that offers preferential treatment based on tenure. The relevant collective bargaining agreements specify that promotions are governed by employees' length of service, qualifying Westinghouse's system as bona fide under Title VII.

Class Action Certification under Rule 23(b)(2)

Application: The court preliminarily certified a class action for all black employees and applicants affected by Westinghouse's discriminatory practices.

Reasoning: The class included all black employees and applicants for employment at the Westinghouse facility since November 20, 1968, and those who would apply in the future.

Disparate Impact and Disparate Treatment under Title VII

Application: Plaintiffs succeeded under both theories, showing a significant racial disparity in employment practices.

Reasoning: The plaintiffs are entitled to succeed under the disparate impact theory due to Westinghouse's failure to rebut their prima facie case.

Pattern or Practice of Discrimination

Application: Plaintiffs established a pattern of racial discrimination in job assignments and promotions, shifting the burden to Westinghouse to rebut this evidence.

Reasoning: The plaintiffs demonstrated that Westinghouse intentionally discriminated against Black individuals in initial job assignments.

Racial Discrimination in Employment Advancement

Application: Plaintiffs claimed widespread racial discrimination by Westinghouse in job assignments and promotions.

Reasoning: The plaintiffs claimed widespread racial discrimination by the defendant concerning initial job assignments, promotions, acceptance into apprenticeship programs, and employee discipline.

Statute of Limitations for Section 1981 Claims

Application: Claims for damages related to pre-July 6, 1975, discrimination are barred under Georgia's statute, while claims for injunctive relief remain permissible.

Reasoning: Consequently, the claims for damages related to discrimination prior to July 6, 1975, are barred, while claims for declaratory and injunctive relief remain permissible.