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September 11, 1969 EXTENSIONS OF REMARKS 25183 EXT1ENSIONS OF RE.MARKS THOUGHTFULNESS ACROSS PARTY This doesn't mean the end of the two-. firmly concludes that employer has not LINES party system in America, of course, but it was satisfied its burden of proof," established a nice thing for Mr. and Mrs. Nixon, Repub­ in licans, to do for Mr. and Mrs. Johnson, by the Fifth Circuit Court of Appeals Democrats. Weeks v. Southern Bell Telephone and HON. CHARLOTTE T. REID Telegraph Co., 408 F. 2d 228 0969): OF ILLINOIS Good manners and thoughtfulness indeed can cross party lines. namely, that the employer must have "a IN THE HOUSE OF REPRESENTATIVES factual basis for believing, that all or Thursday, September 11, 1969 substantially all women would be unable to perform safely and efficiently the Mrs. REID of Illinois. Mr. Speaker, A SIGNIFICANT COURT DECISION duties of the job involved." recently the Nation witnessed a signifi­ AGAINST SEX DISCRIMINATION Most significant is Judge Johnson's ob­ cant display of national unity, tran­ IN EMPLOYMENT servation that the employer oughrt "to scending partisan political lines, in the determine on an individual basis gracious meeting between President and whether a person is qualified for the posi­ Mrs. Nixon and former President and HON. MARTHA W. GRIFFITHS tion," rather than using a "class distinc­ Mrs. Johnson. OF MICHIGAN tion" which "deprives some women of Editorials pointing out the merits of IN THE HOUSE OF REPRESENTATIVES what they regard as a lucrative and this symbolic joining of hands appeared Thursday, September 11, 1969 otherwise desirable position." in the Christian Science Monitor on Certainly, I commend Judge Johnson August 25 and the Atlanta Constitution Mrs. GRIFFITHS. Mr. Speaker, the on his enlightened approach to the great on August 29, and I would like to include decision recently issued by Federal Dis­ problem of sex discrimination in employ­ these editorials in the RECORD: trict Judge Frank Johnson in Cheat­ ment; and I include the full text of his [From the Christian Science Monitor, wood v. South Central Bell Telephone order and judgment, and, the ensuing writ Aug. 25, 1969) & Telegraph Co. (C.A. 2796-N, Dist. of injunction against the South Central PRESIDENT TO PRESIDENT Ct., M.D., Ala., N.DJ is an important Bell Telephone & Telegraph Co., ait this Everyone wins, when simple human gra­ precedent in"the ever-growing list of ju­ point in the RECORD: ciousness is manifested. It was gracious of dicial decisions which are slowly, but [In the U.S. District Court for the Middle President Nixon to invite former President surely, helping to eliminate sex discrim­ District of Alabama, northern division) Lyndon Johnson and his wife, Lady Bird, to ination in our country. I think that a birthday party in LBJ's honor at Redwood CLAUDINE B. CHEATWOOD, PLAINTIFF, V . SOUTH Members of Congress, and the general CENTRAL BELL TELEPHONE & TELEGRAPH Co., National Park. And it is gracious to dedicate public will be interested in knowing there a stretch of majestic trees as Lady Bird DEFENDANT Johnson Grove. It was also gracious of the about that case. The telephone company (Civil action No. 2796-N) had rejected applications by its women Johnsons to accept the invitation. ORDER AND JUDGMENT In her years in the White House, Mrs. employees for jobs as "commercial rep­ Johnson devoted herself most effectively to resentatives" solely because they were In this action Mrs. Claudine B. Cheatwood the beautification and conservation of the charges her employer, South Central Bell women. The company resorted to the Telephone & Telegraph Company, with dis­ American environment. customary argument used by employers crimination on the basis of sex in filling a There has been a worthy tendency lately of who discriminate against women; White House occupants to stretch hands vacancy for the job classification of commer­ across the political divide. Presidents Ken­ namely, that title VII of the Civil Rights cial representative in Montgomery, Alabama, nedy and Johnson consulted With General Act of 1964 prohibiting sex discrimina­ in violation of Title VII of the Civil Rights Eisenhower. President Nixon stopped off at tion in employment has an exception for Act of 1964, 42 U.S.C. § 2000e. Independence, Missouri, to see former Presi­ jobs "where sex is a bona fide occupa­ It is admitted that the plaintiff and two dent Truman, and presented him with a tional qualification reasonably necessary other female employees submitted timely bids White House piano. In a different milieu, for the vacancy, that Employer declined to to the normal operation of that particu­ consider the bids of the female employees President Nixon was on hand to honor Chief lar business or enterprise," and that the Justice Warren when he retired. without considering their individual qualifi­ There is little enough reason, at any time, job of commercial representative for the cations, and that the job was awarded to the for the politics of acrimony and scorn. Per­ telephone company came within that ex­ only male applicant. haps the respect which recent presidents, ception. It is also undisputed that on or about May when not on the campaign trail, have shown First, the company said that the em­ 12, 1967, within 90 days following Employer's for each other stems from understanding of ployee would at times travel in rural failure to consider her application, plaintiff the heavy burdens borne. At any rate, if areas where she would have to change filed a charge of discrimination with the there are any hatchets lying around, it is Equal Employment Opportunity Commission. tires on her automobile or not find rest­ The charge was amended on or about July fitting to bury them in a forest of these room facilities. This, said Judge John­ majestic trees. Just so long as they are not 20, 1967, and was served upon the Southern used against the redwoods! son, is a "makeweight" and "no proof Bell Telephone & Telegraph Company (Em­ that all or nearly all women would be un­ ployer's corporate predecessor) on or about [From the Atlanta Constitution, able to cope with these difficulties." July 24, 1967. On July 26, 1968, the Commis­ Aug. 29, 1969) Second, the company said that the job sion issued its decision finding that reason­ might expose women to harassment and able cause existed to believe that Employer THOUGHTFULNESS ACROSS PARTY LINES danger when collecting overdue bills, or had committed an unlawful employment The South, noted for hospitality, probably practice in violation of Title VII. On October paid special attention to the visit by the collecting from telephone coinboxes in 29, 1968, the Commission issued a letter to Lyndon Johnson family of Texas to the resi­ bars or poolrooms. Judge Johnson pithily plaintiff advising that its effort to conciliate I dence of the Richard Nixon family in Cali­ dismissed that suggestion by poin ting ourt plaintiff's charge of discrimination had failed fornia. that these possibilities are not "function­ to achieve voluntary compliance and notify­ A band greeted the former President at the ally related to sex" and "mean nothing ing her that she could institute a civil ac­ airport, and there was singing of "Happy more than that some women, and some tion within 30 days. Birthday to You" for Mr. Johnson, 61 that men, might not wish to perform such Employer has, in effect, admitted a prima l\ day. Mrs. Nixon presented Lady Bird Johnson facie violation of§ 703(a) of the Civil Rights \ tasks." a bouquet of yellow roses, and the band Act of 1964, 42 U.S.C. § 2000c-2(a) which pro­ launched into the song of that name identi­ Third, the company said that the job vides in pertinent part: fied with Texas. requires occasional lifting of coinboxes " (a) Employer Practices: It shall be an After lunch, the Nixon and Johnson fam­ in cases weighing from 45 to 80, and unlawful employment practice for an em­ ilies flew into Northern California where a sometimes 90 pounds. On this point ployer-( 1) to fail or refuse to hire or to grove in the Redwood National Forest was Judge Johnson accepted the judgment of discharge any individual, or otherwise to dis­ dedicated to Mrs. Johnson, "who," said Presi­ an experienced obstetrician-gynecologist criminate against any individual with respect dent Nixon, "has done so much to stir in the who testified that between 25 and 50 per­ to his compensation, terms, conditions, or American conscience a deepened sense of privileges of employment, because of such unity with our national environment." cent of all women could perform such individual's ... sex ... ; or Mrs. Johnson's husband declared, "I don't tasks. Judge Johnson therefore decided "(2) to limit, segregate, or classify his em­ know of any of my 61 birthdays that has that although these weight lifting tasks ployees in any way which would deprive or been happier or one where people have tried "begin to approach the outer limits of tend to deprive any individual of employ­ to make me happier." what women should undertake, this court ment opportunities or otherwise adversely 25184 EXTENSIONS OF REMARKS September 11, 1969 affect his status as an employee, because of Employer also contends that the duties of the lordosis makes the low back of the fe­ such individual's . sex." commercial representative would subject a male more prone to stress and strain from Employer has consistently contended., how­ female employee to harassment and danger. lifting; Dr. Cohen testified that he knew ever, that the position of commercial repre­ This is based partly on problems arising of no such tendency and suggested that the sentative fits within the exception to the gen­ from the collection of over due bills and greater curvature makes it easier for women eral prohibition of discrimination against partly on the fact that when acting as a sub­ to bend forward and pick up objects.3 women set forth in § 703(e) (1), 42 U.S.C.

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