Full opinion text
OPINION AND ORDER DUNCAN, District Judge. Plaintiffs Judith Hunter, Marlene Murray, formerly Marlene Campbell, and Shirley Vance bring this action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., to remedy certain acts of employment discrimination allegedly suffered at the hands of their former employer, Westinghouse Electric Corporation. Specifically, plaintiffs claim that they were discriminated against on the basis of sex when they were terminated in September 1969 following an illegal work stoppage. Plaintiffs also claim that their terminations were in retaliation for past complaints of discrimination, and that they were further discriminated against while employed at Westinghouse with regards to promotions, pay and overtime. Plaintiffs have also sued their local union for violations of Title VII and Scovill Manufacturing, a successor to Westinghouse. This case was tried to the Court from December 14, 1982 until December 23, 1982. The union was not represented by counsel and made no appearance at trial. At the close of plaintiffs’ case-in-chief, the Court dismissed the claims against defendant Scovill pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. In addition, the Court at that time dismissed all allegations of retaliation except plaintiff Vance’s allegation of retaliation. Following the trial, plaintiffs and defendant Westinghouse submitted separate post-trial memoranda. This case is now ripe for a decision on the merits. The Court’s findings of fact and conclusions of law follow. Fed.R.Civ.P. 52(a). I Plaintiff Marlene Campbell is a female, who was hired by Westinghouse on August 4, 1966, and who at the time of her discharge was employed as a day shift inspector on the iron assembly line at the Byes-ville, Ohio, plant of defendant Westinghouse Electric Corporation. Prior to her discharge in September 1969, Ms. Campbell’s employment record contains no indication of any disciplinary problems. Plaintiff Judith Hunter is a female who was hired by Westinghouse in April 1969 and who at the time of her discharge in September 1969 was employed as a day shift assembler on the iron assembly line at the Byesville plant. Prior to her discharge, Ms. Hunter experienced no disciplinary problems while employed at Westinghouse. Plaintiff Shirley Vance is a female who was hired by Westinghouse in May 1969' and who was also an assembler on the iron assembly line at the time of her discharge. Ms. Vance's employment record discloses no disciplinary problems prior to her discharge. The assembler positions held by Ms. Vance and Ms. Hunter were entry level, grade 1 positions. The inspector position held by Ms. Campbell was a grade 2 position. All plaintiffs were members of Local Union 2196, a party to the collective bargaining agreement with Westinghouse. The plant owned and operated by Westinghouse in Byesville, Ohio, was primarily involved in the manufacture of consumer, household appliances. The Byesville plant first began operations sometime in 1965. The iron assembly line at the Byesville plant had been moved from a Mansfield plant sometime in the spring of 1969. Westinghouse continued to operate the Byesville plant until approximately May 1972 when that plant was purchased by Scovill. The Byesville plant is no longer in operation. At all times relevant to the events of this lawsuit, Charles Warner was the plant manager for Byesville; Charles Welsh was the director of employee relations; Warren Huffman and Don Walters had supervisory responsibility for the iron assembly line. During all times relevant to this lawsuit, defendant Westinghouse operated two shifts at Byesville — the day shift worked from 7:00 a.m. to 3:00 p.m. and the second shift worked from 3:00 p.m. to 11:00 p.m. Approximately 50 to 60 people were employed on the iron assembly line for each shift. Work on the assembly line took place in the following sequence: assembly, buffing and polishing, wiping, final inspection and packing. As of the date of the plaintiffs’ discharges in September 1969, there were no women employed as buffers, material handlers, supervisors, or set-up employees on the iron assembly line or elsewhere in the plant. As of that date, Westinghouse employed 370 female hourly employees and 147 male hourly employees. In addition, as of that date, there were in existence ten job grades or classifications. No women at the Byesville plant held any job with a grade classification higher than grade 4. The process for selecting persons to fill the diverse jobs at the Byesville plant varied depending on the job to be filled. Generally, supervisors were selected by the plant and personnel managers. Other positions at the plant were usually filled by using a bidding procedure whereby a qualified individual with the most seniority who bid for a job received that job. Defendant Westinghouse contends that no woman ever bid for a job with a classification higher than grade 4. Plaintiffs contend that job openings were not posted and that they were never made aware of the bidding procedures. During the summer of 1969, there were numerous complaints made by employees, including the plaintiffs, concerning working conditions at the Byesville plant. In the summer of 1969, plaintiff Hunter, along with Ms. West and Ms. Adams, wipers on the iron line, complained to Don Walters, supervisor of the iron assembly line, about the dirty restrooms and metal dust coming from the buffing area. Plaintiff Campbell also complained about the dust from the buffing area and the dirty restrooms. In addition, at about the same time, Ms. Campbell began collecting complaints from women on the iron line arid recording those complaints in a notebook. See defendant’s Exhibit Q. Among the complaints collected in the notebook, and those which Ms. Campbell personally communicated to both the supervisor of the iron assembly line, Mr. Walters, and the director of employee relations, Mr. Welsh, were the following: dirty working conditions; unfair denial and distribution of overtime; and supervisors doing hourly work. Ms. Campbell also communicated many of these problems to Mr. Hlad, the shop steward for Local 2196, employed as a set-up employee on the iron line and to Mr. Bates, a member of the union executive board. Shortly after making these complaints to union and management officials, though no date was specified at trial, Ms. Campbell was moved from her job as final inspector on the iron line and given a job as valve inspector. This later job was in the same grade but required her to work closer to the buffers. Ms. Campbell filed no grievance concerning this job change. In August 1969, Ms. Campbell was called into Mr. Welsh’s office for a meeting. Present at that meeting were Mr. Gaydosik, president of Local Union 2196; Mr. Witte, a representative of the International Union, and Mr. Hlad. At this meeting Ms. Campbell complained about being transferred from her final inspector’s job but did not discuss any of the problems she had recorded in the notebook. Mr. Hlad was instructed at that meeting by union officials to file a grievance on behalf of Ms. Campbell. No grievance was ever filed. During this same period of time, in the summer of 1969, plaintiff Vance also made complaints to union and management officials concerning various aspects of her job at the plant. Specifically, she complained about the lack of women in supervisory jobs and the fact that men in higher grade jobs were assigned overtime in place of women in lower grade jobs. Ms. Vance initially made her overtime complaints to Mr. Hlad, the shop steward., When no action was taken by Mr. Hlad, Ms. Vance complained to Don Walters, a supervisor on the iron assembly line, about the fact that a male employee in a higher grade, Joe Underwood, was being given overtime work in her grade 1 assembler classification. At the same time, Ms. Vance informed the union president, Mr. Gaydosik, that she was being unfairly denied overtime. Both Mr. Walters and Mr. Gaydosik informed plaintiff Vance that as a matter of company policy men were given overtime because men had families and therefore needed the money more than women. Ms. Vance never filed a grievance concerning the assignment of overtime. The enunciated company policy with respect to overtime was to offer overtime to the employee within a particular labor grade with the least amount of overtime to date. Supervisors were responsible for the assignment of overtime. In some circumstances employees in higher labor grades did perform overtime work in lower grade jobs. These circumstances included instances where no lower grade employees agreed to work overtime or no employees in lower grade jobs were present at the plant to do the overtime which normally would have been assigned to them. Prior to June 1969, there were some circumstances where Joe Underwood, a material handler, did perform overtime work, which normally would have been reserved for employees in lower job classifications. In June 1969, Joe Underwood was replaced by Eugene Oliver and no other complaints were received with regard to male employees being improperly assigned more overtime work than female employees. In addition to complaining about overtime, Ms. Vance complained about the dirty restroom conditions. Eventually, Ms. Vance called the Health Department concerning the conditions in the restrooms. Following this complaint, the sanitary conditions in the restrooms improved. On September 9, 1969, the day prior to the wildcat strike, Ms. Vance was called into Mr. Welsh’s office. At that time she repeated her complaints about the unfair distribution of overtime and informed Mr. Welsh and Mr. Gaydosik that she was being discriminated against. They informed Ms. Vance that overtime was being assigned fairly and in a nondiscriminatory fashion. Ms. Vance continued to insist that she was being unfairly denied overtime. At that time, Ms. Vance also requested that union officials, including Mr. Gaydosik, Mr. Hall and Mr. Vincent, file a grievance concerning overtime on her behalf. They refused. Following that meeting, Ms. Vance was moved to a wiping job, right next to the buffers, on the iron assembly line. This job was performed on the line closest to the buffers and therefore closest to the metal dust from the buffing machines. Mr. Warner, the plant manager; Mr. Welsh, the personnel director; and Mr. Huffman, a supervisor at the plant, observed plaintiff Vance at this new job and asked her how she liked this new job. When Ms. Vance responded, in jest, that she loved this job and wanted a permanent assignment as a wiper, she was moved back to her normal job. As has already been noted, in the weeks prior to September 10, 1969, there were complaints from employees, including not only the plaintiffs but also male employees on the iron line, concerning the working conditions at the Byesville plant. During this period of time, rumors began to circulate among employees that there would be a strike if steps were not taken by the company to remedy some of the problems at the plant. On September 9, 1969, the rumors about a possible work stoppage reached a peak. On that day, plaintiff Hunter spoke with Wilma Womac, a day shift assembler on the iron assembly line. Ms. Womac informed plaintiff Hunter that the buffers on the iron assembly line were going to lead a walkout on that day at approximately 2:00 p.m. When no such walkout occurred, Ms. Womac informed plaintiff Hunter that the walkout would take place on September 10, the following day, and that picket lines would be set up on the morning of September 10. Plaintiff Vance also had a conversation with Ms. Womac on September 9 concerning the work stoppage. Ms. Womac also informed Ms. Vance that there would be a strike the following day. Moreover, Ms. Womac told plaintiff Vance that this strike had the support of the union. Neither Ms. Vance nor Ms. Hunter spoke to anyone else about their conversations with Ms. Womac or the work stoppage planned for September 10. Plaintiff Campbell did not speak to Ms. Womac at all on September 9. However, early on the morning of September 10, Ms. Womac called Ms. Campbell at home to tell her that there would be a strike that day. None of the plaintiffs prepared or brought picket signs to the plant on the morning of the 10th. The picket signs were made by Ms. Womac and Ms. Thompson. In addition, Mr. Hlad, the shop steward and a witness for defendant Westinghouse, testified that following the strike he learned that male employees, including a Mr. Jack Bates, had made picket signs. On September 10, Ms. Hunter arrived at the Byesville plant along with a co-employee, Carol Murgatroyd, at her usual time of 6:30 a.m. When plaintiff Hunter arrived at the Hope Avenue entrance to the plant, Wilma Womac and Anna Thompson were carrying picket signs at the entryway to the company parking lot. Ms. Hunter parked her car and she and Ms. Murgatroyd joined the picket line. She did not speak to anyone. Ms. Hunter estimated that by 7:00 a.m. there were approximately 100 people on the picket line, including a number of men. Ms. Hunter specifically recalled the following men on the picket line: Wayne Red and Joe Ogle. On the morning of September 10, plaintiff Campbell arrived at the Byesville plant sometime between 6:00 and 6:30 a.m.; she normally arrived at 6:40 a.m. When Ms. Campbell arrived at work that morning, she observed a handful of people on a picket line outside the entrance to the company parking lot on Hope Avenue. Ms. Campbell could not recall if. any men were on the picket line at that time. After parking her ear, Ms. Campbell entered the plant and spoke to Mr. Gaydosik. There is a dispute as to the substance of that conversation. Mr. Gaydosik claims that Ms. Campbell asked him if he was going to join the picketers, to which he allegedly responded that the strike was illegal. Ms. Campbell claims that she simply informed Mr. Gaydosik that there was a strike and requested that he speak to the strikers. Following this brief conversation, Ms. Campbell left the plant and moved her car off the company parking lot. She then joined the picketers. At that time, there were men, as well as women, at the Hope Avenue entrance to the plant. Ms. Campbell claimed that Wilma Womac and Anna Thompson made the picket signs and that Myrna Valentine gave her directions-on the day of the strike. Ms. Womac, Ms. Thompson and Ms. Valentine did not testify at trial. Ms. Vance arrived at the Byesville plant sometime between 6:45 and 7:00 a.m. on the day of the strike. She parked her car on company property and observed “close to 100 people” outside the plant. Mr. Warner, the plant manager, arrived at approximately the same time as Ms. Vance. As Ms. Vance was leaving the parking lot to join the picketers, Mr. Warner pushed her back toward the company parking lot and instructed her to go into work. Mr. Warner then entered the plant and Ms. Vance removed her car from the parking lot prior to joining the picket line. On that same morning, a number of union and management officials were present at the plant by 6:30 a.m. Mr. Gaydosik, the union president, arrived at the plant at approximately 6:15 a.m. Ms. Lucas and Mr. Hlad, union stewards, were both at the plant by 6:00 a.m. Mr. Huffman, a supervisor of iron line employees, arrived at the plant at approximately 6:30 a.m. At that time, Mr. Huffman was able to identify those picketing employees who worked on the iron line including plaintiffs Hunter, Vance and Campbell, as well as Ms. Murgatroyd and Ms. Womac. When Mr. Warner, the plant manager, arrived at about 7:00 a.m., he instructed management supervisors to begin collecting the names of those on the picket line. Mr. Walters and Mr. Huffman, both supervisors on the iron assembly line, went outside and returned with the names of women who worked on the iron assembly line. Neither Walters nor Huffman could recall seeing any men on the picket line; however, both testified that they noted the names of these women merely because they could identify these women because they worked on the iron assembly line. Both men testified that there were a large number of people milling around outside the entrance to the plant. Neither Mr. Huffman nor Mr. Walters could recall any activity by the plaintiffs on the morning of the 10th that distinguished them from the rest of the pickets. At approximately 7:30 a.m. on the morning of the 10th, Mr. Welsh, the plant’s personnel manager, arrived. When Mr. Welsh arrived at the plant, he observed a mass of about 100 people milling around outside the plant although he could not recall seeing any men. Mr. Welsh then went inside the plant and also instructed supervisors to gather information about the strike and to prepare statements concerning their observations. Mr. Welsh himself kept a running narrative of the events as they occurred from the first day of the strike until its end. See defendant’s Exhibit E. Sometime after 7:00 a.m. on the first morning of the strike, Mr. Warner and Mr. Gaydosik went outside the plant to speak to the strikers. Plaintiff Vance was not present when the union president and plant, manager spoke to the strikers. Plaintiff Hunter recalled seeing Mr. Gaydosik and Mr. Warner speaking to the employees outside the plant on the morning of the 10th but stated' that she could not hear what was said. Ms. Campbell recalled hearing Mr. Gaydosik tell the strikers at that time that the strike was illegal. Mr. Warner and. Mr. Gaydosik both appealed to the workers to come back to work. Two of plaintiffs’ witnesses, Mr. Wayne Red and Mr. Ron Haga, male employees on the picket line, testified that they informed Mr. Warner at that time that the buffers were dissatisfied with working conditions and that they would not go back to work until those conditions were remedied. Mr. Welsh’s records of the events of the strike indicate that employees were upset because they discovered that the company had never ordered a ventilation system which it had promised to order. Defendant’s Exhibit E. After Mr. Warner and Mr. Gaydosik spoke with employees, and the employees refused to return to work, Mr. Warner and Mr. Gaydosik went back inside the plant. The employees continued to picket. The consensus among management and union representatives seemed to be that there was a mass of people milling around outside the plant; some held signs, others did not; traffic was backed up on Hope Avenue. Mr. Hlad and Mr. Witte, a representative of the international union, both testified that it did not appear that anyone was in charge, or that there were a coherent set of demands. On the first morning of the strike, after Mr. Warner and Mr. Gaydosik spoke to employees, Ms. Campbell testified that she took a fellow employee home and that upon returning to the plant, she was instructed where to picket by Myrna Valentine. Ms. Campbell also testified that for the duration of the strike she provided fellow employees with lounge chairs and coffee. Ms. Hunter testified that she was directed, although she could not remember by whom, to picket at the rear entrance to the plant. On the first day of the strike, Ms. Vance testified that she was directed by Ms. Valentine to go to the company warehouse where she carried a picket sign. Ms. Franks, an employee in the machine shop at Westinghouse and a rebuttal witness for the plaintiffs, testified that Ms. Valentine directed both she and Ms. Vance to go to the company warehouse at about 8:00 a.m. Ms. Franks further testified that a fellow employee, Ed Benner, drove Ms. Vance and herself to the warehouse. In the afternoon on September 10, 1969, plaintiff Vance went to the railroad track area near the Westinghouse plant and continued to carry a picket sign. Ms. Vance remained at this location until she left the plant at approximately 3:00 p.m. on the first day of the strike. All the plaintiffs left the plant at approximately 3:00 p.m. on the first day of the strike and returned the next day and continued picketing. Two male employees, Wayne Red and Ron Haga, employed as material handlers at the Byesville plant, testified that they also picketed on the first day of the strike. Mr. Haga further testified that no one organized the strike and that everything occurred spontaneously. Mr. Haga further testified that mostly men picketed at the plant in the evenings. Moreover, Mr. Haga testified that following the illegal work stoppage, in May 1970, he was interviewed for a promotion. At that time, Mr. Welsh, still personnel director for Westinghouse, stated to Haga that he knew that Mr. Haga had been at the “head of the pack.” Mr. Haga nonetheless received this promotion and became a salariéd production planner in the summer of 1970. Wayne Red also testified that he took part in the strike activities on the morning of the 10th. He testified that when he arrived at the plant at 6:45 a.m. there were a number of people, both men and women, picketing outside the plant. Mr. Red further testified that he made his van available to transport strikers to the various picket locations' and also provided coffee for the strikers. During that first day of the strike, management and union officials met in an attempt to resolve the strike as quickly as possible. Sometime on the 10th, Mr. Welsh was informed by Mr. Gaydosik, the union president, that three women were instigators of the strike. Mr. Gaydosik named Ms. Vance and Ms. Campbell. Two supervisors, Mr. Foracker and Mr. Williams, also named Ms. Campbell as a participant in the strike on the 10th. See defendant’s Exhibits Y and X. Mr. Gaydosik also indicated to Mr. Welsh that he knew the strike was illegal and that the union was in no way involved in the strike. Overall, as of the first day of the strike, management had very little information concerning the origins of this strike. The next day, on September 11,1969, the strike continued. Two to three hundred people of both sexes appeared outside the plant on September 11, 1969. Sometime during the 11th, Mr. Welsh observed a male employee, Mr. Bill Swank, jump on a car attempting to enter the company parking lot. Mr. Swank proceeded to tear off the car’s windshield wipers and antenna. Eventually, Mr. Swank was thrown from the car while attempting to block its entry to the parking lot. Criminal charges were eventually filed against Mr. Swank concerning this incident although no disciplinary action was taken by the company against him. On the second day of the strike the company continued to gather information concerning this illegal work stoppage. There was substantial conflict in the information being received by the company, however. Two meetings with first and second shift employees, who reported to work on the 11th, and with local union officials were held inside the plant on that day. During the course of these meetings, a number of employees accused the union of supporting the work stoppage. Following these accusations, Mr. Welsh made attempts “to divert this conversation and change the course of discussion ... [since these accusations were] very embarrassing to the local union president and the board members.” Defendant’s Exhibit E. At no time did management question these employees about the names of the union representatives involved in encouraging the strike or the extent of the involvement of these union officials. The union president also did not question these employees about the union’s involvement. Rather, Mr. Gaydosik continued to deny any union involvement, insisting that Vance and Campbell instigated the strike. At the end of the second day of the strike, there was absolutely no information implicating Judith Hunter in organizing the strike activity. The strike continued throughout the day of the 11th and management made no effort to discover the extent of union involvement. On September 11, 1969, management put in motion the procedure necessary to get an injunction against employees on the picket line. A total of 44 employees, including 19 male employees, were named and served with the injunction on September 12, 1969. Management also notified Westinghouse’s home office that an illegal strike was in progress. Mr. Welsh testified that once the home office was notified of the illegal work stoppage, it was necessary to discipline certain employees, that is to “make examples” of certain employees, so that future illegal activity would not occur at the Byesville plant. In addition, at some time during the course of this strike, union officials, who became increasingly concerned when employees did not return to work, decided to hold a meeting with employees on Saturday, September 13. The strike activity continued throughout the day on the 12th. On the 12th, Mr. Welsh’s records note that there were incidents of employees throwing tomatoes and eggs at a Sheriff’s vehicle as well as cars attempting to enter the company parking lot. None of the plaintiffs were involved in any of these incidents. By Friday, September 12, 1969, the international union had been notified of the illegal work stoppage. On September 12, 1969, Mr. Welsh received a call from Mr. Witte, a representative of the international, and it was agreed that a “secret” meeting should be held between Messrs. Welsh, Witte, Warner and Gaydosik. Defendant’s Exhibit E at p. 6. At this meeting, the reasons for the strike and the possibility of disciplinary action against those participating in the strike were discussed. At that time, Mr. Welsh informed Mr. Witte that “it was management’s feeling that [the strike] was caused by a small group of dissident females ...” Defendant’s Exhibit E, p. 6. The union officials present did not question management concerning this conclusion nor was the issue of union involvement in the strike ever raised. On Saturday, September 13, the local union held a meeting with the employees at the Byesville city park. Plaintiff Hunter did not attend that meeting, though she later heard that all employees were to report back to work on Monday. The evidence is unclear as to whether plaintiffs Campbell or Vance attended that meeting, though they also reported back to work on Monday, September 15. At that union meeting, Mr. Witte, the international representative, informed the employees in attendance that the strike was illegal and that the employees should report to work on Monday, September 15. Other details concerning that meeting are not available to the Court. On late Saturday evening, following this union meeting, Messrs. Warner, Welsh and Muehlig, the director of industrial relations from Westinghouse’s home office, met with Mr. Witte at his hotel. This meeting was also “secret.” At this meeting, the parties apparently agreed that there were no “real” reasons for the work stoppage and that the strike “was the result of several female employees who decided to take matters into their own hands.” Defendant’s Exhibit E at 8. Apparently everyone agreed that disciplinary measures were needed in order to prevent such incidents from recurring in the future. Union encouragement of the strike was not discussed, nor was any mention made of the involvement of male employees in the strike. On Sunday, September 14, there were no pickets at the plant. Employees were notified by their foreman that they were to report to work on Monday. On September 14, Messrs. Warner, Welsh and Meuhlig made the decision to suspend seven women employees including: Marlene Campbell, Myrna Valentine, Wilma Womac, Anna Thompson, Carol Murgatroyd, Judith Hunter, and Shirley Vance. At that point in time, management had no information implicating Ms. Hunter in the instigation of the strike other than the fact that she was one of the early picketers. Management did have statements from supervisors and Mr. Gaydosik implicating Campbell and Vance as instigators of the strike. However, management also had information, which they failed to pursue, implicating the union in the strike. This information concerning the union’s involvement also raises questions about the reliability and trustworthiness of the union president’s statements implicating some of the plaintiffs. Moreover, at this time, management had information about, as well as personal knowledge of, activities of male strikers including Ron Haga, Wayne Red and Bill Swank which were of comparable, if not greater seriousness, to the activities of plaintiffs at the strike scene. On Monday morning, the seven women already named, including the plaintiffs, were notified that they were being suspended “subject to discharge.” Management representatives testified that this was routine procedure because it allowed the company a further opportunity to investigate prior to discharging employees. On that same morning, Mr. Witte arrived at the plant at approximately 8:00 a.m. and he along with local union officials met with Mr. Welsh and explained that the employees were very upset about the discharge of Myrna Valentine. Ms. Valentine was thereafter reinstated. No similar appeal was made on behalf of the other six women suspended. Sometime after the initial suspension of the remaining six women, a number of conversations and meetings took place although the details leading up to and surrounding these meetings and conversations are somewhat unclear. Initially, immediately after being notified of their suspensions, it appears that all the women requested that the union file grievances on their behalf. The circumstances surrounding these requests and the dates on which they were made cannot be discerned from the evidence adduced at trial. In addition, sometime after their discharges each of these women was contacted by either Mr. Welsh or Mr. Gaydosik, or conversely each woman who was suspended contacted Mr. Welsh or Mr. Gaydosik. This factual dispute concerning who contacted whom is of no import. With regard to those women who were eventually discharged, who are not plaintiffs here, it appears that all three women, Carol Murgatroyd, Anna Thompson and Wilma Womac, spoke to Mr. Gaydosik and Mr. Welsh in the period of time following their suspensions but prior to their discharges. Ms. Murgatroyd, who met with Mr. Gaydosik and Mr. Welsh on September 16, made a plea for her job and also stated that Shirley Vance and Marlene Campbell told her that a strike was to occur, as well as what to do during the strike. Murgatroyd also stated, however, that she believed the union was backing the strike. Anna Thompson met with Mr. Welsh and Mr. Gaydosik on September 19. Ms. Thompson stated that she believed that the union was backing the strike. Following the meeting with Thompson, Gaydosik confirmed that several union officials including Ken Bates, a member of the executive board, and Norma Lovett, encouraged the strike. Mr. Bates worked in the machine shop along with Mr. Gaydosik and Mr. Vincent, who were also members of the executive board. None of the union officials who allegedly encouraged the strike were suspended or disciplined in any way. At trial, Mr. Gaydosik denied ever naming any union officials as instigators of the strike. Mr. Welsh’s record of the events of the strike, however, and additional evidence adduced at trial, convince the Court that the names of union officials responsible for encouraging the strike came to the attention of management no later than September 19. In addition, the Court notes that at the time of trial Mr. Gaydosik was in poor health and could not recall many of the details surrounding the illegal work stoppage. It is also of interest to the Court that while Mr. Welsh’s report acknowledges that perhaps as. many as four union officials were involved in and actively encouraged the strike, that report leaves blank the spaces where the names of those union officials should be recorded. When questioned about this omission at trial, Mr. Welsh simply stated that he was concerned that his report might fall into the “wrong hands.” No further elaboration of what was meant by the term “wrong hands” was given by Mr. Welsh, On September 20, 1969, Mr. Gaydosik and Mr. Welsh met with Wilma Womac. In addition to implicating Campbell and Vance in the organization of the strike, Ms. Womac stated that at least two union officials told her that the strike would be backed by the union. Ms. Womac went on to note that Marlene Campbell had also been led to believe that the strike would be backed by the union. Based on the conversation with these three women, the defendant, Westinghouse, knew prior to discharging the plaintiffs that union officials had backed the strike. Mr. Welsh’s report goes so far as to conclude that “[i]t would appear that certain elected union officials actively encouraged the stoppage and made statements to the effect that the union was, in fact, in back of and/or supporting the stoppage and the people who participated in it.” Defendant’s Exhibit E at 15. Moreover, the Court notes that all three women, Womac, Thompson and Murgatroyd, denied having instigated or organized the strike which took place on September 10. Nonetheless, these women were discharged along with the plaintiffs for having instigated or organized the strike. Despite the statements from Womac, Thompson and Murgatroyd implicating the union in organizing the strike, defendant Westinghouse took no action against the union or any union officials. Rather during this alleged investigation period following suspension but preceding discharge of these plaintiffs, defendant did nothing to investigate the involvement of union officials and proceeded to discharge these women. On September 26, 1969, nearly two weeks after the illegal work stoppage, plaintiffs were informed by letter of their discharges. In the time between their suspensions but prior to their discharges, there is evidence that either Mr. Gaydosik or Mr. Welsh contacted some of the plaintiffs in an effort to have them make statements concerning their involvement in the strike. Plaintiff Hunter recalled being contacted by Mr. Welsh but could not recall when she was contacted. Ms. Hunter recalled Mr. Welsh telling her that she was being disciplined because he knew her name. No other details surrounding Hunter’s conversation with Welsh were adduced at trial. Ms. Campbell did not testify as to whether she was contacted by Mr. Welsh or Mr. Gaydosik, and the Court can draw no conclusions in that regard. Ms. Vance, however, testified that almost immediately following her suspension she received a telephone call from Mr. Welsh asking her to come into the plant to meet with him. Ms. Vance testified that at that time, Mr. Welsh stated that he wanted her to “sign some paper” to clarify the involvement of herself and others in the strike. Plaintiff Vance refused to meet with Mr. Welsh. During this telephone conversation, Mr. Welsh went on to state that he knew personnel directors at other plants and would give plaintiff Vance a job recommendation to help her find future employment if she would consent to make a statement about' the strike. Ms. Vance still refused to meet with Mr. Welsh or to make any statement. Following her conversation with Mr. Welsh, Ms. Vance received a telephone call from Mr. Gaydosik. Mr. Gaydosik also attempted to persuade plaintiff Vance to meet with Mr. Welsh and himself for the purpose of giving a statement about the strike. Mr. Gaydosik told her at that time that she would have difficulty finding another job if she did not consent to give such a statement. Ms. Vance stated that she would not implicate others in the strike activity and would not give any statement to Mr. Welsh. The Court notes that Messrs. Welsh and Gaydosik denied making phone calls to any of the, discharged women; however, the Court concludes that Ms. Vance’s testimony with respect to these phone calls is believable. As has already been noted, following their suspensions, all three plaintiffs received letters informing them that they had been discharged. See plaintiffs’ Exhibit VII. All three women received the identical letter. These discharge letters, dated September 26, 1969, stated that plaintiffs’ indefinite suspensions had been changed to discharges “based upon [their] most recent misconduct and past record.” When questioned about the reasons for plaintiffs’ discharges, Mr. Welsh testified that the letters’ reference to “most recent misconduct” referred to plaintiffs’ violation of company rules and regulations forbidding the willful hampering of production. See plaintiffs’ Exhibit VI, ¶ A, #6. Plaintiffs’ participation in the work stoppage was considered a violation of this rule. With regard to the discharge letters’ reference to “past record,” Mr. Welsh admitted that none of the plaintiffs had prior disciplinary records. However, defendant contends the discharge letters sent to plaintiffs were standard letters used when discharging an employee. Mr. Welsh also noted, however, that he was investigating reports that Ms. Vance and Ms. Campbell were married to union stewards. Mr. Welsh further admitted investigating allegations that plaintiff Vance had had a nervous breakdown. While Mr. Welsh conceded that these facts were not relevant to the decision to discharge, he insisted that investigation of these matters was part of the routine investigation procedure employed by the company in discharge cases. Finally, while Mr. Welsh, when pressed, conceded that there had never been any criticism of these women’s work, he continued to insist that the discharge letters’ reference to “past misconduct” was simply cautionary. Following their receipt of these discharge letters, plaintiffs continued to press the union to file grievances on their behalf. Mr. Gaydosik filed a grievance on September 24, 1969, on behalf of Ms. Campbell and Ms. Hunter concerning their suspensions and eventual discharges. On October 1, 1969, Mr. Gaydosik also filed a grievance on behalf of Ms. Vance. See plaintiffs’ Exhibit 2a-e. Thereafter, the company denied the grievances on October 1 and October 11, 1969, respectively. Sometime in October of 1969 Ms. Campbell met Mr. Gaydosik in a parking lot. At that time, Mr. Gaydosik informed Ms. Campbell that the company and the union agreed on who should be discharged, but that he would proceed with Campbell’s grievance if she wished to pursue it. Ms. Campbell told Mr. Gaydosik that she did want to proceed with her grievance. Shortly thereafter, although no specific date was mentioned at trial, plaintiff Vance called Mr. Gaydosik and complained that “he sold [them] down the drain.” Mr. Gaydosik responded by saying the union and the company agreed that the plaintiffs should be used as examples. Mr. Gaydosik could not recall either the conversation with Ms. Campbell or Ms. Vance. • A third-step grievance meeting was eventually scheduled for January 20, 1970. Immediately prior to this meeting, plaintiffs Vance and Campbell were telephoned by Mr. Witte, the international representative, who arranged a meeting with the plaintiffs, at the local Holiday Inn. Plaintiffs Vance and Campbell met with Mr. Witte at that time. Mr. Witte could not recall this meeting, and no information concerning this meeting was received in evidence. Thereafter, pursuant to the terms of the collective bargaining agreement, Jt. Exhibit II, Art. VII, a third-step grievance meeting was held on Tuesday, January 20, 1970. Present at the third-step meeting were Paul Witte, representative of the international union; Frank Gaydosik, president of Local 2196; William Hall, vice president of Local 2196; Rose Lucas, recording secretary for Local 2196; H.F. Warner, plant manager; C.A. Welsh, industrial relations manager; and each of the plaintiffs, Marlene Campbell, Judith Hunter, and Shirley Vance. The minutes of this third-step meeting were kept by the recording secretary. At that meeting, it is clear that no mention was ever made of union support for the strike. The plaintiffs were each given an opportunity to state their positions at this meeting. Specifically, plaintiffs claimed that they did not encourage the strike and that they did nothing more or less than other employees. Plaintiffs insisted throughout the grievance procedures that they merely honored the picket line. Following the third-step meeting, the 'executive board of the union met and voted on whether to take plaintiffs’ grievances to arbitration. Ironically, it was Kenny Bates, the executive board member accused of having encouraged the strike, who moved to drop plaintiffs’ grievances and not to take them to arbitration. After Mr. Bates’ motion, the executive committee voted not to take plaintiffs’ grievances to arbitration. Prior to voting, no member of the executive board questioned the wisdom of the company’s decision to terminate these women despite plaintiffs’ allegations that the union encouraged the strike. The possibility of sex discrimination and/or retaliation were not discussed prior to voting on whether to take plaintiffs’ grievances to arbitration. In support of their decision not to take plaintiffs’ grievances to arbitration, the executive board simply accepted the company’s position that the plaintiffs had violated company rules which forbade the willful hampering of production. In February 1970, a third-step answer to plaintiffs’ grievances was prepared. See defendant’s Exhibit A. Finally, in March 1970, plaintiffs were informed by letter that the executive board had voted not to pursue resolution of plaintiffs’ grievances through arbitration. See defendant’s Exhibit D. Following the plaintiffs’ discharges, Westinghouse continued, • until the Byes-ville plant was purchased by Scovill in 1972, to employ and hire persons as assemblers and inspectors on the iron assembly line. At this same time, all the plaintiffs filed timely charges with the Equal Employment Opportunity Commission (EEOC). The commission then conducted an investigation of plaintiffs’ allegations. See Jt. Exhibits III, IV and V. During the course of the EEOC’s investigation of plaintiffs’ allegations of discrimination, Westinghouse was asked to provide the EEOC with documents relevant to that investigation. See plaintiffs’ Exhibit 24. In response to this request by the EEOC, Mr. Welsh agreed to provide the EEOC with the information requested. See plaintiffs’ Exhibit 25. Thereafter, Mr. Welsh submitted affidavits to the EEOC summarizing the statements made to him by the three women discharged who are not plaintiffs here, Ms. Murgatroyd, Ms. Womac and Ms. Thompson. See plaintiffs’ Exhibits 27, 28, 29. With regard to the affidavits submitted by Mr. Welsh to the EEOC, the Court notes that the summaries of the statements of these women conspicuously omit certain information concerning the strike. More specifically, Welsh’s summaries delete all references to union encouragement of the strike. In addition, Mr. Welsh altered Ms. Womac’s original statement in his affidavit. The summary of Womac’s statement submitted by Mr. Welsh to the EEOC reads as if Ms. Campbell was the person who informed her that the union was backing the strike. See plaintiffs’ Exhibits 27, 28, 29. In January of 1976, the EEOC issued determinations that there was reasonable cause to believe that the'plaintiffs were discharged because of their sex in violation of Title VII. See plaintiffs’ Exhibits 31, 32. In May of 1976, plaintiffs Vance, Campbell and Hunter received notice of their right to sue Westinghouse, Scovill Manufacturing and Local Union 2196. See plaintiffs’ Exhibits 33-41. Thereafter, this litigation was commenced. In the interim, from the time this suit was commenced, all three plaintiffs sought employment. Initially, all the plaintiffs attempted to collect unemployment benefits but these benefits were denied. Following the denial of unemployment benefits, and in an attempt to find employment, all the plaintiffs utilized the services of the Ohio Bureau of Employment Services; all the plaintiffs read the classified ads in newspapers; and all the plaintiffs contacted and filed 'applications with various plants in the Byesville area. Each of the plaintiffs eventually did find employment. The Court, in the following paragraphs, will survey the employment histories of each of the plaintiffs following their discharges. Each of the plaintiffs filed applications with employers in the Byesville area who had work comparable to that of Westinghouse. The evidence at trial further shows that all three plaintiffs filed applications with NCR, March Electric and Champion Spark Plugs, as well as other plants in the Byesville area. None of the plaintiffs were hired by any of these plants. The Court notes, however, that the three women discharged, who are not plaintiffs here, were all hired by March Electric during the months of December 1969 and January 1970. The Court can draw no inference from the fact that Ms. Womac, Ms. Thompson and Ms. Murgatroyd found employment at the same plant shortly after their discharges. Immediately after her discharge, plaintiff Hunter was unable to secure employment. From August 1971 until January 1972, Hunter removed herself from the job market in order to adopt a child. Thereafter, plaintiff Hunter continued to seek employment. During the course of her search for employment, plaintiff filed applications with Westinghouse’s successor, Scovill. In 1973, plaintiff Hunter worked for Star Plastics for two weeks, then voluntarily quit that job. From 1973 to 1975, she was unable to find employment. In 1975, Hunter was employed briefly at A & J Cleaning before being laid off. In 1975, she obtained seasonal employment as a maid at Ohio Inns in the Salt Fork area. Plaintiff Hunter eventually obtained full-time employment with Ohio Inns and is still employed by them at the present time. Copies of her wage and tax statements for the relevant period were received in evidence. See plaintiffs’ Exhibits 4(a)-4(j). Ms. Campbell also diligently sought employment following her discharge from Westinghouse. In July of 1970, plaintiff Campbell became employed by Elby’s Restaurant as a waitress. Ms. Campbell left that job in 1971 and obtained a job as a hostess at the Carousel Club in Cambridge, Ohio. In October 1972, Campbell voluntarily left her hostessing job when she became engaged to be married. Following her marriage in 1973, plaintiff Campbell has worked part-time for her husband’s business. Plaintiff Campbell receives no compensation for her work in this regard. Since her marriage plaintiff Campbell has not actively sought employment. Copies of plaintiff’s wage and tax statement for the relevant period were received in evidence. See plaintiffs’ Exhibits 42, 43, 44(a)-44(j). In addition, plaintiff Campbell suffered physical maladies which required her to be hospitalized during this period in time. Copies of hospital and medical bills were also received in evidence. Plaintiffs’ Exhibit 45. At present, plaintiff Campbell continues to work for her husband without remuneration. Finally, plaintiff Vance also made attempts to secure employment following her discharge from Westinghouse. In 1970, plaintiff Vance obtained seasonal employment at Chal’s Restaurant as a waitress. In 1971, plaintiff Vance also worked for Chal’s during the summer as a waitress. In 1972, plaintiff Vance was hospitalized and did not work at all due to her illness. In 1973, plaintiff Vance worked briefly for approximately two to three months at Plastic Fabricators. After leaving Plastic Fabricators, plaintiff Vance collected unemployment until she again obtained employment at Chal’s. During the summers of 1974 and 1975, Ms. Vance was again employed as a waitress at Chal’s. In 1975 Ms. Vance also worked briefly at 1-Hour Cleaners and an LK Restaurant in Cambridge, Ohio. Copies of Vance’s wage and tax statements for these years and subsequent years were received' in evidence. See plaintiffs’ Exhibits 49-50. In 1977, plaintiff Vance moved with her family to Nashville, Tennessee, in part because of her inability to find work in the Cambridge area. While in Nashville, plaintiff Vance secured employment with Aladdin Industries. She left her job at Aladdin for a higher-paying job at Maremont, Inc. Plaintiff Vance remained employed at Maremont until 1979 when, in anticipation of their plants’ closing, plaintiff Vance and her husband moved to Memphis, Tennessee. In 1980, plaintiff Vance worked briefly at Grisham Corporation in Arlington, Tennessee. She was eventually laid off from that job and collected unemployment benefits for the remainder of that year. In July 1981 until July 1982, Ms. Vance obtained employment at Dow Corning Wright in Arlihgton, Tennessee. In July 1982, plaintiff Vance and her husband moved to Greenwood, Mississippi, following the closing of the plant where Mr. Vance was employed. From July 1982 until present, Ms. Vance has been unable to find employment. Defendant Westinghouse suggests that plaintiffs did not exercise reasonable diligence in seeking employment following their discharges, and therefore plaintiffs have failed to satisfy their mitigation requirement. In support of this contention, defendant notes that at all times since plaintiffs’ discharges, local plants in the Byesville area have hired unskilled labor. While it is true that the personnel directors of March Electric and NCR did testify that unskilled labor was hired during this period, those witnesses also testified that they would give consideration to the fact that an applicant had been discharged from a previous job for participation in a wildcat strike when making hiring decisions. Therefore, the Court cannot conclude that the plaintiffs were not diligent in seeking employment based upon the fact that local plants refused to hire them. In addition, defendant charges that plaintiffs failed to meet their duty to mitigate insofar as they, at various times, voluntarily ceased looking for comparable employment. In regard to plaintiff Hunter, she is not entitled to recover damages for that period of time in which she ceased seeking employment in order to adopt a child. In addition, plaintiff Campbell is not entitled to recover damages for that period of time following her marriage since she made no attempts to secure employment during that time. In all other respects, the plaintiffs satisfied their duty to mitigate by making reasonable and diligent efforts to secure employment following their discharges from Westinghouse. II A. Allegations of Disparate Impact Plaintiffs attempt to argue that the disparate impact analysis contained in Griggs v. Duke Power Co., 401 U.S. 424, 91 S.Ct. 849, 28 L.Ed.2d 158 (1971) is applicable to the facts of this case. More specifically, plaintiffs allege that defendant’s invocation of the company rule prohibiting the willful hampering of production in making its discharge decision had a disparate impact on women. This Court believes that this case is more properly viewed as a disparate treatment case and that the appropriate analysis, therefore, is that contained in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973).. Unlike disparate treatment cases, disparate impact cases are those which attempt to eliminate discriminatory practices and devices which have fostered or perpetuated stratified job environments to the disadvantage of members of a protected class, i.e., built-in headwinds. Griggs v. Duke Power Co., 401 U.S. at 429-31, 91 S.Ct. at 852-53. What is being challenged in disparate impact eases, therefore, is some arbitrary or artificial device or practice which operates so as to invidiously discriminate against members of a protected class. Unlike cases where a plaintiff challenges a facially neutral employment policy or practice which has a disparate impact, this case is not a case involving testing devices, Griggs, supra, at 424, 91 S.Ct. at 849; Albermarle Paper Co. v. Moody, 422 U.S. 405, 412-13, 95 S.Ct. 2362, 2369, 45 L.Ed.2d 280 (1975); nor is this a case involving particularized requirements such as height and weight specifications, Dothard v. Rawlinson, 433 U.S. 321, 329, 97 S.Ct. 2720, 2726, 53 L.Ed.2d 786 (1977). This Court simply cannot conclude that in the course of a wildcat strike defendant’s one-time invocation of a company rule prohibiting interference with production is the type of situation to which the disparate impact analysis of Griggs and its progeny was meant to apply. Under no interpretation of the facts in this case can this Court conclude that the company rule invoked by defendants to support its decision to discharge plaintiffs was an “artificial, arbitrary or unnecessary barrier” to equal employment opportunities. See Connecticut v. Teal, 457 U.S. 440, 446, 102 S.Ct. 2525, 2531, 73 L.Ed.2d 130 (1982); Furnco Construction Corp. v. Waters, 438 U.S. 567, 575-79, 98 S.Ct. 2943, 2948-50, 57 L.Ed.2d 957 (1977). At this point, the Court also notes that plaintiffs also argue that defendant had a “pattern or practice” of discriminating against women. More specifically, in addition to the illegal sex discrimination alleged to have occurred in the discharge of plaintiffs, there are allegations that defendant had a pattern or practice of discriminating against women in terms and conditions of employment, including pay, promotions and overtime assignments. The Court concludes that the evidence in this case is simply not sufficient to make out even a prima facie case of a pattern or practice of discrimination as such cases are defined under Teamsters v. United States, 431 U.S. 324, 97 S.Ct. 1843, 52 L.Ed.2d 396 (1977). See also Furnco Construction Corp. v. Waters, 438 U.S. 567, 575, 98 S.Ct. 2943, 2948, 57 L.Ed.2d 957 (1978). Plaintiffs’ discharges alone are not sufficient to establish a prima facie case under Teamsters even though no males were discharged. The discharges in this case for a violation of a company rule prohibiting interference with production followed a wildcat strike. There is no evidence that this company rule had ever been invoked prior to this strike. A total of 346 employees participated in this strike. In an attempt to enjoin the strike, 44 employees were named as defendants; 14 of those named were men. Six women were terminated following the strike; no men were terminated. Based on this evidence, plaintiffs seek to characterize the company’s action in discharging only women as evidence of a prima facie case of a pattern or practice of discrimination. This evidence falls far short of the level of statistical proof required when making out a prima facie case of a pattern and practice of discrimination. See Grano v. Dept, of Development, 637 F.2d 1073, 1078 (6th Cir.1980). Plaintiffs further allege that a pattern or practice of discrimination is evidenced by the company’s treatment of women with regard to promotions, pay and overtime. There is a dearth of statistical or other evidence on these questions. The fact that no women served as supervisors or held jobs in higher labor grades does not demonstrate a pattern or practice of discrimination absent some evidence concerning the number of job openings over a period of time, and the number and availability of qualified women as compared to qualified men. Id. at 1078. Moreover, the quantum of evidence adduced at trial falls far short of what is required to make out a case of a pattern or practice of discrimination against women insofar as the assignment of overtime or rate of pay are concerned. Absolutely no evidence of salary. differences was introduced at trial. The only evidence of discrimination in the assignment of overtime was plaintiff Vance’s testimony that a male employee was assigned overtime that should have been assigned to her. Based on the insignificant quantity and quality of evidence, the Court has no basis for finding a pattern or practice of sex-based discrimination. In conclusion, therefore, as the Court has already noted, the proper approach to this case is the disparate treatment analysis contained in McDonnell Douglas. B. Allegations of Disparate Treatment It is now well established that a person charging disparate treatment on account of sex must prove “by a preponderance of the evidence that the defendants intentionally discriminated against [him or her].” Grano v. Dept, of Development, 637 F.2d 1073, 1081 (6th Cir.1980). See also Teamsters v. United States, 431 U.S. 324, 335-36 n. 15, 97 S.Ct. 1843, 1854-55 n. 15, 52 L.Ed.2d 396 (1977); Carter v. Petry, No. C-2-77-89, Opinion and Order (S.D. Ohio, June 29, 1982) (Duncan, J.). Proving discriminatory intent by direct evidence, however, is an onerous, indeed sometimes impossible, task. Therefore, it is incumbent upon a court to analyze allegations of discrimination in light of all the surrounding facts and circumstances of the case before it. Grano, supra, at 1081 n. 7. To facilitate a trial court’s analysis of disparate treatment claims, the Supreme Court has developed a three-part test to be used in such cases. First, the plaintiff has the burden of proving by a preponderance of the evidence a prima facie case of discrimination. Second, if the plaintiff succeeds in proving the prima facie case, the burden [of production only] shifts to the defendant "to articulate some legitimate, nondiscriminatory reason for the employee’s rejections.” [.McDonnell Douglas Corp. v. Green, 411 U.S. 792, 803 [93 S.Ct. 1817, 1824, 36 L.Ed.2d 668] (1973)]. Third, should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination. Texas Dept, of Community Affairs v. Burdine, 450 U.S. 248, 252-53, 101 S.Ct. 1089, 1093, 67 L.Ed.2d 207 (1981). See also Miller v. WFLI Radio, Inc., 29 F.E.P. Cases 929 (6th Cir., Aug. 17, 1982). It is no longer subject to dispute that the three-pronged test enunciated in McDonnell Douglas, and reaffirmed in Burdine, applies to discharge cases, like that presently before the Court, as well as failure to hire cases. McDonald v. Santa Fe Trail Transportation Co., 427 U.S. 273, 96 S.Ct. 2574, 49 L.Ed.2d 493 (1976). And where, as in this case, a plaintiff alleges that his or her discharge constitutes discrimination on the basis of sex, it is axiomatic that plaintiff not only bears the initial burden of establishing a prima facie case but also bears the ultimate burden of establishing intentional discrimination on the basis of sex. In defining a prima facie case, the court in McDonnell Douglas explained the most common method whereby a plaintiff could meet his or her initial burden. The complainant in a Title VII trial must carry the initial burden under the statute of a prima facie case of ... discrimination. This may be done by showing (i) that [he or she] belongs to a [protected class]; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his qualifications, he was rejected; and (iv) that, after his rejection, the position remained open and the employer continued to seek applicants from persons of complainant’s qualifications. McDonnell Douglas, supra, 411 U.S. at 801 n. 11, 93 S.Ct. at 1823 n. 11. While the four criteria set out in McDonnell Douglas provide guidance to a court attempting to determine whether a plaintiff has met his initial burden, establishing these four criteria is not the exclusive method for making out a prima facie case. Clearly, the test for whether a plaintiff has met his or her initial burden varies depending on tbe facts and circumstances of each case. The general rule in discrimination cases is that a prima facie case can be established by showing “that [plaintiff] is a member of a class entitled to protection of Title VII, and that he [or she] is accorded treatment different from that accorded pers