Lorraine Evans v. Sheraton Park Hotel Lorraine Evans v. Sheraton Park Hotel, Hotel & Restaurant Employees and Bartenders International Union

503 F.2d 177, 164 U.S. App. D.C. 86, 19 Fed. R. Serv. 2d 45, 1974 U.S. App. LEXIS 6913, 8 Empl. Prac. Dec. (CCH) 9661, 8 Fair Empl. Prac. Cas. (BNA) 705
CourtCourt of Appeals for the D.C. Circuit
DecidedSeptember 12, 1974
Docket73-1342, 73-1442
StatusPublished
Cited by158 cases

This text of 503 F.2d 177 (Lorraine Evans v. Sheraton Park Hotel Lorraine Evans v. Sheraton Park Hotel, Hotel & Restaurant Employees and Bartenders International Union) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lorraine Evans v. Sheraton Park Hotel Lorraine Evans v. Sheraton Park Hotel, Hotel & Restaurant Employees and Bartenders International Union, 503 F.2d 177, 164 U.S. App. D.C. 86, 19 Fed. R. Serv. 2d 45, 1974 U.S. App. LEXIS 6913, 8 Empl. Prac. Dec. (CCH) 9661, 8 Fair Empl. Prac. Cas. (BNA) 705 (D.C. Cir. 1974).

Opinions

MATTHEWS, Senior District Judge.

Appellant Lorraine Evans, a regular banquet waitress employed at the Sheraton Park Hotel (Hotel) and a member of Local 507, Hotel and Restaurant Employees and Bartenders international Union (Waitresses Local 507), brought this action under the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., against the Hotel, Waitresses Local 507, the Joint Executive Board, Hotel and Restaurant Employees and Bartenders International Union (Joint Board), the Hotel and Restaurant Employees and Bartenders International Union (International), and Local 781 Hotel and Restaurant Employees and Bartenders International Union (Waiters Local 781) seeking injunctive relief, back pay and damages.

After extensive pretrial proceedings, the District Court held that maintenance of the two sex-segregated Locals constituted a per se violation of the Civil Rights Act, 42 U.S.C. § 2000e-2(c), and, no bona fide occupational qualifications having been shown by defendants, 42 U.S.C. § 2000e-2(a) and (c) had been violated. The District Court awarded Mrs. Evans (1) $1,100 as a result of the discrimination in assignments to receptions (all defendants being jointly and severally liable) ; (2) $500 for harassment (against the hotel only); and (3) her costs and nominal attorney’s fee of $1,000.

[180]*180In No. 73-1342, Mrs. Evans has appealed the amounts awarded as not being adequate or proper.

International, appellant in No. 73-1442,1 raises three issues: (1) whether the International may be joined in a civil action brought by an aggrieved party under 42 U.S.C. § 2000e-5(e) where the International was not named as a respondent in the charge filed by the aggrieved party with the Equal Opportunity Employment Commission (EEOC); (2) whether the mere existence of Waiters Local 781 and Waitresses Local 507 within the International Union constituted a per se violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq.; and (3) whether the awards of $1,100 damages and $1,000 attorney’s fee for which all defendants are jointly and severally liable were clearly inadequate and an abuse of discretion by the District Court.

I

JOINDER OF INTERNATIONAL

After the original complaint was filed in District Court against the Hotel, Joint Board, and Waitresses Local 507, the Hotel filed a motion to dismiss for failure to join indispensable parties, namely, the International and Waiters Local 781. The District Court granted the motion, without prejudice, but thereafter vacated its order and allowed appellant Evans to file an amended complaint naming the two unions as parties defendant. International then proceeded with a motion for summary judgment (as to it), asserting the lack of a jurisdictional prerequisite to bringing a civil action against International in that International was not a party named or charged in the complaint filed with the EEOC. The EEOC, having been permitted earlier to participate as Amicus Curiae in this case, filed a brief opposing International’s motion.

In a Memorandum and Order dated March 22, 1972, the District Court denied the motion. Having already held the International to be an indispensable party, the Court believed summary judgment to International would mean that the entire ease would be stopped in its tracks. Noting that several courts had allowed additional defendants to be brought into a case despite the fact that the defendant was not named as a respondent in the administrative proceeding before the EEOC, the District Court reasoned:

“Charges of discrimination filed with the EEOC are frequently initiated by complainants, without aid of counsel, who have no way of ascertaining the identities of all the parties who may become parties to the subsequent litigation. Even if the complainant were represented by counsel, it is unrealistic to expect that the complainant could accurately anticipate all potential parties to the subsequent litigation arising out of the claim. This is particularly true where, as in the instant case, one of the parties, the chartering International, is not highly visible, and it required court action to determine whether or not the International was an indispensable party. Title VII is a broad and humanitarian Act which seeks to encourage parties to attempt conciliation before they resort to court action but it does not seek to foreclose claimants from their legal remedies because of technical pleading requirements at the administrative stage.”

Appendix, p. 14, 4 EPD PP 7727.

We think International, in the present case, meets the conditions of Rule 19(a), Federal Rules of Civil Procedure, which provides:

“A person who is subject to service of process and whose joinder will not deprive the court of jurisdiction over the subject matter of the action shall be joined as a party in the action if (1) in his absence complete relief can[181]*181not be accorded among those already parties * * *

In accordance with its constitution, International had chartered Waiters Local 781 and Waitresses Local 507, and by its constitution, only International had the power to alter, suspend or terminate operation of these locals. Although neither the by-laws of Waiters Local 781 nor Waitresses Local 507 specifically prohibited membership to persons of the opposite sex, as a matter of practice and as their respective names imply, only men were admitted to Waiters Local 781 and only women were admitted to Waitresses Local 507.

Plaintiff’s complaint sought general injunctive relief against sex discrimination in her employment opportunities and specific relief against maintenance of sexually segregated locals. It becomes readily apparent that specific in-junctive relief against maintenance of sexually segregated locals necessitated International’s presence. Further, any general injunctive relief granted to plaintiff against the Sheraton Hotel and Waitresses Local 507 only for the purpose of eliminating sex discrimination in her employment opportunities would be akin to rather ineffective symptomatic relief, leaving the root (sexually segregated locals) to continue. While money damages was an available remedy to compensate for any past illegal discrimination, we conclude that without International complete relief could not be accorded appellant Evans by way of injunctive relief necessary to prevent future discrimination.

The United States Court of Appeals for the Fifth Circuit, speaking through Judge Carswell, said in Schutten v. Shell Oil Company, 421 F.2d 869, 873 (1970):

“Subdivision (a) of Rule 19 categorizes those persons whose joinder is desirable from the standpoint of complete adjudication and elimination of relitigation. If there are no procedural or jurisdictional bars to joining such a party, Rule 19 requires that he be joined.”

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503 F.2d 177, 164 U.S. App. D.C. 86, 19 Fed. R. Serv. 2d 45, 1974 U.S. App. LEXIS 6913, 8 Empl. Prac. Dec. (CCH) 9661, 8 Fair Empl. Prac. Cas. (BNA) 705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lorraine-evans-v-sheraton-park-hotel-lorraine-evans-v-sheraton-park-cadc-1974.