from 1972 to 1975 was 14%, he testified that females represented 30% of the apprentices. He also testified that there had been no female applications for apprenticeships from outside GPO. However, at least 13 of the 14 female apprentices from 1968 to 1972 came from outside GPO. He testified that bookbinders were frequently hired from outside GPO, but was unaware that the Constitution of the International Brotherhood of Bookbinders effectively prevented women from becoming bookbinders. Although he was aware that the procedure whereby GPO employees become apprentices depended largely upon admittedly subjective supervisor evaluations, he ascribed no importance to the fact that all such evaluations in the bindery are carried out by males. Mr. Blatt was unaware that all 17 GPO employees trained as bookbinders in the GPO upward mobility program were men. Although he admitted that he had never discussed the subject with a JBW, he expressed the view that women were unlikely to be attracted to Bindery Division apprenticeships because the bindery was noisy and dirty.
In sum, the Court finds there is little opportunity for advancement for female JBWs within the GPO bindery. Rather than providing female JBWs with such opportunities, the bindery apprenticeship program has been a virtually unobtainable goal. When obtainable, its conditions have made it particularly undesirable for women. Thus, the apprenticeship program and the GPO classification system operate together to effectively eliminate any advancement opportunities for female JBWs within the GPO bindery.
E. The Actual Qualifications of GPO Bookbinders Highlight the Unfairness of the Four-Year Apprenticeship Requirement for JBWs.
Applicants from private industry who seek to enter the GPO as bookbinders must be qualified to operate at least one piece of bindery equipment in addition to a gathering or folding machine. Prior to 1969, the requirement was two additional pieces of equipment. However, the evidence establishes that information on the application forms of males who entered the GPO with bookbinder status was false, and that the defendant failed to check the accuracy of information contained in such forms. For example, Franklin Shanks, a former bookbinder and now an assistant foreman, admitted that although his form indicated that he had been a bookbinder at a private press from 1957 through 1963, he had only been a helper during that period. Similar evidence of actual experience at very low levels in other bookbinding establishments involved bookbinder Maynard Tedder and Charles Crawford, a former bookbinder who is now Personnel Development Specialist in charge of the GPO apprenticeship program. The positions occupied included such duties as sweeping and stock boy work, which both require less skill than most JBW jobs.
Furthermore, many bookbinder application forms indicate little apprenticeship-type training. Of 180 application forms admitted into evidence by plaintiffs, only 61 contain any reference to an apprenticeship in binding. In some cases, this reference is only to a commencement of an apprenticeship, or an apprenticeship of less than four years. In addition, at least 25 application forms of current and former GPO bookbinders indicate that the individuals in question did not meet the stated minimum experience requirements for GPO employment.
Moreover, the evidence shows that many individuals hired as bookbinders from outside GPO were actually employed by GPO on tasks not listed on their application forms, for which they were apparently unqualified at the time of their entry. Obviously, these individuals benefited from the extensive on-the-job training made available to bookbinders at GPO.
Bookbinders received approximately 8,900 hours of on-the-job instruction on other bookbinder operations during the period of 1977 and 1978 for which statistics are before the Court. This represents the equivalent of full-time instruction for four or more bookbinders during this period. In contrast, JBWs are given virtually no training in addition to their required two-year apprenticeships and machine training periods. The evidence concerning the length of time required to learn operation of certain bookbinder machines indicates that JBWs could usefully acquire bookbinder skills if equivalent training was made available to them. For example, John Sessa testified that he has worked exclusively on the flat cutter for thirty years, although he had no previous experience on the cutter. This assignment commenced after only two months of on-the-job training on the cutter. Furthermore, defendant's expert, Dr. Lazarus, admitted on cross-examination that any bookbinder machine operation at the bindery could be learned in on-the-job training of six months or less. Bookbinder Ralph Miller testified that many bookbinder machine operations could be learned by anyone in a matter of days or hours.
In sum, the Court finds that the bookbinder's qualifications and their lack of work experience equivalent to the GPO apprenticeship, indicate that the apprenticeship or four-year experience requirement is not taken seriously for male bookbinder applicants from private industry. This group represents a large proportion of the GPO bookbinder staff. It seems apparent to the Court that experienced JBWs could benefit from the training which has been given exclusively to bookbinders.
II. CONCLUSIONS OF LAW.
This Court has jurisdiction over this case under Title VII of the Civil Rights Act of 1964, as amended, and under the Equal Pay Act of 1963, as amended. As a unit of the legislative branch having positions in the competitive service, the defendant is subject to the Title VII prohibition against discrimination by an employer against "any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's sex," as well as the prohibition against employee classification in any manner which would tend to deprive any individual of "employment opportunities or otherwise adversely affect his status as an employee" on the basis of sex. 42 U.S.C. § 2000e-2(a). It is also subject to the Equal Pay Act provisions of the Fair Labor Standards Act, 29 U.S.C. 206(d), which prohibit an employer from paying wages to employees at a rate less than that paid to employees of the opposite sex for equal work on jobs the performance of which require equal skill, effort and responsibility, and which are performed under similar working conditions.
A. Title VII Claims.
Pursuant to McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S. Ct. 1817, 36 L. Ed. 2d 668 (1973), proof of employment discrimination under Title VII is subject to a shifting burden of proof. The plaintiff must first establish a prima facie case of discrimination, which the defendant may then attempt to refute. In International Brotherhood of Teamsters v. United States, 431 U.S. 324, 97 S. Ct. 1843, 52 L. Ed. 2d 396 (1977), the Court specifically applied the general McDonnell Douglas allocation of proof to sex discrimination cases. Although McDonnell Douglas established a basic four-part test for the establishment of a prima facie case of discrimination in individual cases, the Court made it clear that proving prima facie employment discrimination could not be restricted to one method. 411 U.S. at 802 n.13, 93 S. Ct. at 1824 n.13.
Teamsters expressly approved the use of statistics as a way of proving a prima facie case of employment discrimination: "We have repeatedly approved the use of statistical proof, where it reached proportions comparable to those in this case, to establish a prima facie case of racial discrimination in jury selection cases . . . (citations omitted). Statistics are equally competent in proving employment discrimination (footnote omitted) . . ." 431 U.S. at 339, 97 S. Ct. at 1856. The Court further states:
Statistics showing racial or ethnic imbalance are probative in a case such as this one only because such imbalance is often a telltale sign of purposeful discrimination; absent explanation, it is ordinarily to be expected that nondiscriminatory hiring practices will in time result in a work force more or less representative of the racial and ethnic composition of the population in the community from which employees are hired. Evidence of longlasting and gross disparity between the composition of a work force and that general population thus may be significant even though § 703(j) makes clear that Title VII imposes no requirement that a work force mirror the general population.
Id. at 339 n.20, 97 S. Ct. at 1857 n.20. In this case, statistical evidence shows gross and long-lasting disparities; thus creating a strong inference of such discrimination. The bare fact that in 1973, all but one of 325 JBWs were female and all 279 craft bookbinders were male, and in 1978, one of approximately 250 bookbinders was female, strongly supports such an inference. As in Teamsters, the testimony of individual class members as to specific instances of discrimination "brought the cold numbers convincingly to life." 431 U.S. at 339, 97 S. Ct. at 1856.
Plaintiffs' evidence concerning the separate classification of bookbinder and JBW positions, and the application of a four-year apprenticeship requirement to experienced JBWs proves clearly that both of these management practices are relics of pre-Title VII discriminatory practices. The plaintiffs have clearly shown that bookbinder and JBW jobs are so similar in content and working conditions as to make the across-the-board separate classification, and the denial of bookbinder apprenticeship credit for JBW experience unreasonable as a matter of business management. This conclusion is reinforced by the evidence concerning the actual skills used and tasks performed by non-Library Section bookbinders.
The separate craft and non-craft JBW and bookbinder job classification system, as well as the four-year apprenticeship requirement for experienced JBWs to enter the craft system both of which are preserved unaltered from the period before Title VII became applicable to GPO in 1972 serve to perpetuate the effects of past discrimination. As such, without justification on the basis of business necessity, these practices constitute continuing violations of Title VII. Griggs v. Duke Power Co., 401 U.S. 424, 91 S. Ct. 849, 28 L. Ed. 2d 158 (1971). Hazelwood School District v. United States, 433 U.S. 299, 97 S. Ct. 2736, 53 L. Ed. 2d 768 (1977), rules that mere evidence of pre-Title VII discrimination does not constitute a violation of the law so long as all post-enactment decisions are made in a non-discriminatory fashion. This rule is inapplicable here because defendant has failed to show any business necessity for its management practices which perpetuate the discrimination between sexes and inequality of opportunity.
The defendant argues that the plaintiffs have failed to make a prima facie case under the McDonnell Douglas and Teamsters formulation, because none of the plaintiffs have applied for the apprenticeship program since 1972. The basic four-part prima facie case established in McDonnell Douglas does indeed include the requirement that the plaintiff show that he has applied and been rejected for the desired position. However, no such requirement is relevant here. It has been found that the apprenticeship program is used to perpetuate existing separation on the basis of sex, and the four-year requirement is superfluous for performance of bookbinder tasks. It would be unreasonable to require the plaintiffs to apply for a program which violates their Title VII rights in order to gain standing to enforce those rights. It is sufficient that the plaintiffs showed the serious disincentives to their entry into the program. In addition, the system of access to the apprenticeship program through exclusively male supervisor evaluations appears to be a "ready mechanism for discrimination" in access to the apprenticeship program. See Rowe v. General Motors Corp., 457 F.2d 348 (5th Cir. 1972). Under such circumstances, no proof of application for the program is necessary. As the Court stated in Teamsters, supra 431 U.S. at 367, 97 S. Ct. at 1870: "(A) nonapplicant can be a victim of unlawful discrimination . . . when an application would have been a useless act serving only to confirm a discriminatee's knowledge that the job he wanted was unavailable to him."
The defendant attempts to discredit plaintiffs' statistical evidence. It acknowledges that since 1967, only 52 of the 430 persons accepted into the GPO program have been women. However, it argues that this statistic cannot be relied upon to show unequal access to the apprenticeship program, because the plaintiffs failed to present evidence concerning the pool of available workers for the program. It relies in particular upon the caution of Hazelwood, supra, that statistical evidence is relevant to show employment discrimination only by reference to the appropriate pool of available workers. However, the defendant's argument is simply inapplicable to this case. Hazelwood involved a pool of highly skilled workers (schoolteachers) in a discrete geographical area. The delineation of the relevant geographical area to which the defendant could be expected to look for applicants was in dispute, and the determination of the appropriate area made an enormous difference in terms of the number of available candidates. The Court in Hazelwood expressly distinguished the Teamsters situation:
In Teamsters, the comparison between the percentage of Negroes on the employer's work force and the percentage in the general areawide population was highly probative, because the job skill there involved the ability to drive a truck is one that many persons possess or can fairly readily acquire. When special qualifications are required to fill particular jobs, comparisons to the general population (rather than to the small group of individuals who possess the necessary qualification) may have little probative value."
433 U.S. at 308 n.13, 97 S. Ct. at 2742 n.13. Here, as in Teamsters, no special qualifications are required to join the apprenticeship program. The defendant has offered no evidence that special qualifications were necessary, nor any other explanation for the ratio of men to women in the apprenticeship program. While the ratio could be expected to approach 50%, 52 of 430 apprentices amounts to only 12%. This amounts to about 15.7 standard deviations. In Castaneda v. Partida, 430 U.S. 482, 497 n.17, 97 S. Ct. 1272, 1281 n.17, 51 L. Ed. 2d 498 (1977), the Court suggested that 2.0 or 3.0 standard deviations from the expected proportion might be considered significant. See also Hazelwood, supra, 433 U.S. at 308-9 n.14, 97 S. Ct. at 2741-42 n.14.
In sum, the plaintiffs have established a prima facie case of disparate impact and disparate treatment through statistical evidence of the ratio of men to women in bookbinder positions and apprenticeships, and comparison of their ratios with the percentage of females in the population. The disparities here are so great as to warrant such a finding on the statistics alone. These statistics must be evaluated in light of the intentionally discriminatory practices prevalent in the industry as a whole and in the GPO bindery until recently the persistent exclusion of women from supervisory positions, the lingering inadequacy of opportunities for advancement available to JBWs, the serious disincentives to JBW attempts at advancement, and the inherent difficulty of upward movement in a hostile atmosphere. See James v. Stockham Valves and Fittings Co., 559 F.2d 310, 328-9 (5th Cir. 1977) cert. denied, 434 U.S. 1034, 98 S. Ct. 767, 54 L. Ed. 2d 781 (1978); Pettway v. American Cast Iron Pipe Co., 494 F.2d 211, 225-34 (5th Cir. 1974).
Defendant relies on Teamsters, supra, to argue that the current disparity is the result of a "bona fide" apprenticeship system, which it maintains is the equivalent of the seniority system found to be bona fide in that case, and therefore expressly exempted from the Act by § 703(h) of Title VII, 42 U.S.C. 2000e-2(h). It argues that, because it is the result of a pre-existing "bona-fide" system, the apprenticeship program cannot be invalidated under Griggs, supra. However, the Teamsters decision made it clear that the system there was exempted only by the express exception for seniority systems within the Act. The GPO apprenticeship is clearly outside that express exception, because it is unrelated to seniority. The Teamsters Court explained the Griggs prohibition and reaffirmed its validity apart from the seniority exception:
One kind of practice "fair in form, but discriminatory in operation" is that which perpetuates the effects of prior discrimination. As the Court held in Griggs, supra : "Under the Act, practices, procedures, or tests neutral on their face, and even neutral in terms of intent, cannot be maintained if they operate to "freeze' the status quo of prior discriminatory employment practices." 401 U.S. at 430, 91 S. Ct. at 853.
Were it not for § 703(h), the seniority system in this case would seem to fall under the Griggs rationale . . . 431 U.S. at 349, 97 S. Ct. at 1861-1862.