Pittsburgh Commission on Human Relations v. Central Blood Bank

462 A.2d 295, 75 Pa. Commw. 376, 1983 Pa. Commw. LEXIS 1757
CourtCommonwealth Court of Pennsylvania
DecidedJuly 5, 1983
DocketAppeal, No. 2862 C.D. 1980
StatusPublished
Cited by2 cases

This text of 462 A.2d 295 (Pittsburgh Commission on Human Relations v. Central Blood Bank) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pittsburgh Commission on Human Relations v. Central Blood Bank, 462 A.2d 295, 75 Pa. Commw. 376, 1983 Pa. Commw. LEXIS 1757 (Pa. Ct. App. 1983).

Opinions

Opinion by Judge

Williams, Jr.,

On May 21, 1979, the Pittsburgh Human Relations Commission (Commission) adjudged that the Central Blood Bank of Pittsburgh (Central) was guilty of racial discrimination in failing to hire Duwayne Booker for a job opening. The Court of Common Pleas of Allegheny County reversed the Commission, concluding that the Commission’s adjudication was not supported by substantial evidence. From the trial court’s order the Commission filed the instant appeal.

Central is a non-profit corporation that distributes blood to hospitals in the Pittsburgh area. Pursuant to that function, Central operates a fleet of delivery trucks. The present litigation arose from Central’s failure to hire Booker for an available job opening as truck driver.

As of December 1977, Duwayne Booker worked on Central’s premises as a security guard. However, as of that time, Booker was actually in the employ of Gregg Security Services, Inc., which had a contract with Central. Booker had been assigned to Central since late August 1977. On December 28, 1977, Booker saw a notice on a bulletin board at Central advertising an opening for the job of truck driver. Thereupon, Booker filed a job application with Central’s personnel director, Ms. Jean Rogers.

After a preliminary screening, the personnel director determined that Mr. Booker met the job qualifications: (1) possession of a valid Pennsylvania driver’s license; (2) ability to operate a manual transmission; (3) ability to operate a one-and-half ton truck; (4) ability to unload supplies; (5) familiarity with area streets, highways and hospitals; and (6) ability or willingness to work irregular hours. On February 28, 1978, almost two months after Booker had submitted his application, Central hired Mark Stuckert to fill the [379]*379job opening. Mr. Stuckert is white; Mr. Booker is black.

On March 6, 1978, Booker filed a complaint with the Commission, charging that Central' had denied him the job because of his race.1 Pursuant to that complaint, the Commission held a hearing on March 12, 1979. One of the points established was that, at the time Booker applied for a driver’s job, Central had only one black driver and eleven white drivers. That one black driver had been hired in October 1977, about two months before Mr. Booker applied.

Booker’s testimony included a description of what he viewed to be his special qualifications for the job. He stated that he had gained experience driving trucks of several types while in the army, and that his experience as a local cab driver made him familiar with the geographic area served by Central. Booker also testified that he was familiar with Central’s operation, pointing out that he had been assigned there for several months as a security guard. According to Booker, he supplied all of the foregoing information to Central’s personnel director during his interview for the driver’s job. On the written job application that he submitted, Booker listed four previous job experiences, and set forth that he had graduated from high school and had attended a military quartermaster school.

There was no evidence at the Commission’s hearing concerning the content of Central’s interview of Mark Stuckert, the person who got the job. Mr. Stuckert’s job application showed that he had been the assistant manager of a relative’s gas station, and that he had experience driving a tow truck. Stuckert’s application listed no other job experiences.

[380]*380Complainant Booker testified that, when he did not get the job, he sought to learn why from the head of Central’s transportation department, Thomas Tobias. Mr. Tobias is also black. According to Booker, Tobias denied having any responsibility for the rejection and stated that the decision had been made by the personnel director, Ms. Rogers. However, according to Tobias’ testimony, it was he who made the decision to reject Booker and to hire Mark Stuckert. Tobias added that, as head of the transportation department, job applicants were rejected or hired on his recommendation.2 As to his reason for rejecting Booker, Tobias testified that he had seen Booker smoking a marijuana cigarette about a week before the hiring decision was made. Tobias also stated that Mark Stuckert had been an unsuccessful applicant for the job opening filled in October 1977 with a black man; and that Stuckert had been kept in consideration for the next job opening, which was the one for which Booker applied.

Regarding the alleged marijuana incident, Tobias testified that he saw Duwayne Booker and a Central driver passing between them what appeared to be a marijuana cigarette. According to Tobias, he espied the incident while Booker and the Central driver were seated in a private car near Central’s premises. Mr. Tobias conceded, however, that he did nothing to report the alleged incident to his superiors: even though a Central driver was supposedly involved; and even though Tobias was the supervisor of all the drivers at Central. Tobias testified that he did not mention the marijuana incident until he became aware of Booker’s application, and that he then told Ms. Rogers about the incident and to reject Booker for that [381]*381reason. Duwayne Booker, in his testimony, denied that the alleged marijuana incident ever happened.

Central’s personnel director, Ms. Rogers, testified that her employer’s hiring process included checking references supplied by applicants under consideration for employment. She added, however, that Central would defer checking the references if the job applicant so requested. The record in this case shows that Mr. Booker not only submitted references but also consented to having them checked. Nevertheless, according to the testimony of Ms. Rogers, she did not check Booker’s references because Tobias had told her to disregard Booker’s application. The personnel director also testified that Mark Stuckert, who was given the job, had indicated on his application form that he did not want Central to make an immediate reference inquiry of his then employer. According to Ms. Rogers, Stuckert’s request was acceptable under Central’s hiring procedures, and the checking of his references was to be postponed until such time that a job offer was made to him.

Ms. Rogers acknowledged that Central keeps a written record of the raéial identities of persons who apply for jobs. She further testified that Central hired a second black driver in November 1978, about four months before the Commission’s hearing on Duwayne Booker’s complaint. As of the time of that hearing, Central had two black drivers and ten white drivers.

Stephanie Haugan, an investigator for the Commission, testified as to the results of an interview she had with Ms. Rogers relative to Mr. Booker’s complaint against Central. According to the investigator, Ms. Rogers stated to her that it was Central’s customary practice to post “help-wanted” ads in newspapers and to notify the union of job openings, but that neither practice was observed as to the job opening for which Duwayne Booker had unsuccessfully applied.

[382]*382On May 21, 1979, the Commission rendered an adjudication that found Central guilty of racial discrimination in selecting Mark Stuckert over Booker. Included among the Commission’s findings was a determination that Booker was more qualified for the job than Stuckert.

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Bluebook (online)
462 A.2d 295, 75 Pa. Commw. 376, 1983 Pa. Commw. LEXIS 1757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pittsburgh-commission-on-human-relations-v-central-blood-bank-pacommwct-1983.