Colbert v. H.K. Corporation Appellant's Appendix
Public Court Documents
January 1, 1970
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Brief Collection, LDF Court Filings. Colbert v. H.K. Corporation Appellant's Appendix, 1970. 1ad830e7-ad9a-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/14901a3a-a783-4a16-931b-3ce20e75b216/colbert-v-hk-corporation-appellants-appendix. Accessed August 19, 2025.
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IN THE
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
NO. 30497
MARGIE DELORES COLBERT,
Plaintiff-Appellant,
- vs -
H.K. CORPORATION, INC.,
Defendant-Appellee.
On Appeal From The United States District Court
For The Northern District of Georgia
APPELLANT'S APPENDIX
HOWARD MOORE
PETER E. RINDSKOPF
Suite 1154
75 Piedmont Avenue, N.E.
Atlanta, Georgia 30303
JACK GREENBERG
WILLIAM L. ROBINSON
10 Columbus Circle
Suite 2030
New York, N. Y. 10019
Attorneys for Appellant
I N D E X
Page
Relevant Docket Entries .................................. a
C o m p l a i n t ................... ................... ^
Defendant's Motion to Dismiss.............................. ...
Order on Defendant's Motion to Dismiss................... 12a
A n s w e r ....................................................................................................................................... ........
Plaintiff's Motion to Strike Jury Demand ................. iga
Order Granting Plaintiff's Motion To Strike
Jury Demand ....................................... 21a
Pre-trial Order ........................................... 23a
Defendant's Submission of significant portions
of Deposition testimony ................................ 24.1a
Transcript of Trial Held on December 10 and 11, 1969 . . . 25a
Plaintiff's Motion to Prohibit Further Proof ............. 324a
Order on Plaintiff's Motion................................ 327a
Order of the C o u r t ......................................... 328a
Judgment of the C o u r t .....................................341a
Plaintiff's Notice of Appeal .............................. 342a
-JHttf-TRIi n S K 1 a11599
DATS
1968
Feb. 27
Mar.
12 21'
PROCEEDINGS
Complaint filed; summons issued & delivered to Marshal.
(For preliminary Je permanent injunction, requesting speedy bearing)
7 ̂ Marshal's return on service, executed 3-1-68, filed.
Deft's motion to dismiss or in alternative to strike, with^rlef. filed.
# Deft's notice to take deposition, filed.
Apr. It 'Consent order extending time thru 5-1-68 for pltf to respond to motions of deft,
filed. Copy to counsel.
May 1 4 i Consent order extending time thru 5-15-68 for pltf to respond to motions of deft,
i filed. Copy to counsel.
8
V A 16
Deposition of MARGIE DELORES COLBERT, filed.
SK 15
Pltf's. memorandum in opposition to deft's, motions, filed.
SUBMITTED TO SOS ON DEFT’S MOTION TO DISMISS OR IN THE ALTERNATIVE
TO STRIKE.
July 3r7pitf's first interrogatory to deft, filed. To SOS.
"'5 Deft's ANSWER to Pltf's first interrogatory, filed. To SOS
tJDeft's OBJECTIONS to Pltf's first interrogatory, filed. To SOS
tfBrief in support of Deft's ObJ. to Pltf's first interrogatory,filed
To SOS
29 ̂ Pltf's. response to deft's, objections to interrogatories and in
alternative for a protective order, filed,
SUBMITTED ON DEFT'S. OBJECTIONS TO PLTF'S. FIRST INTERROGS.
border granting deft's motion to dismiss in part & denying it in
part, leaving a class action under 42 U.S.C. 2000 ff. as to the
specified charges before the ct., filed. Copy to counsel. To SOS.
ANSWER, with JURY DEMAND, filed. To SOS
Aug.i:
*f<e 20
T?26
i ^ 2 8
Sept. 9
104-9
jefcic
12
1969
Jan. 8
A p r . 8
w n o
05 30
Order filed on deft's, objections to pltf's. first interrogatories.
(Copy to counsel)
Pltf's. motion to strike demand for jury trial, with mfemnrandum in support & notice, filed.
3* not^oe take deposition upon oral examination of Miss Mickie Hearn, filed.
AjL?*t£*X X X M **KHxkaxkakBxiHpax±jk±axxiqMKXMejbcexxm±iud:im
“TMomoranuum in Support of Deft's Demand for Jury Trial, filed.'"
Consent of Pltf. for Release of Confidential Information, filed.
Deft's. Additional Answers to Pltf's First Interrogatory, filed.
SUBMITTED ON PLTF'S MOTION TO STRIKE DEMAND FOR JURY TRIAL.
10.Order granting pltf's motion to strike the jury demand filed.
Copy to counsel.
'fT’ltf's second interrogatory to deft, filed. /
Pltf's certificate of service on second interrogatory to/deft,filed
Deft's objections to pltf's seoond interrogatories, with frrief.fllei
/ijfConsent Order by Clerk extending time to answer pltf's second
interrogatories to deft thru 5-23-69, filed. This order does not
include interrogatories numbers M g ) , 5(g)# 8(e), and 10(e), to vhi^
objections are being filed. Copies furnished by counsel.
Consent order by elk. extending time thru 5-16-69, for pltf. to
respond to deft's objections to production of test scores of employki
other than pltf. (Deft's Obj. to Pltf's 2nd Interrog), filed.
Counsel notified.
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1969
J U A
F IL IN G S — P R O C r c O IN O f
May 19
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131 June 2
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1970
Jan. 12
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or
SUBMITTED ON DEFT'S OBJECTIONS TO PLTF'S 3EC0NE
Pltf's morndrandum in response to deft's object!
her second interrogatories or, in the altemati
protective order, filed. TO SOS.
Consont order by elk. oxt. timo thru 5-30-69 f
anawor pltf's second interrogatories, filed.
To SOS.
Deft's andwers to pltf's interrogatories, filed
Sot for pre-trial Wed., 8-13-69, at 3*u$ P.M. Counsel
Order filed on deft's, objections to interrogat
(Copy to counsel)
Deft's additional answers to pltf's second intc
filed.
PRE-TRIAL. Court dictated pre-trial order to
Pre-trial order estimating trial time is one t
days & anticipating it will be placed on the r
for early Dec., 1969, or early Jan., 1970, fil
counsel.
Deft's, first interrogatories to pltf., filed.
Pltf's answers to deft's 1st interrogatories,
Deposition of DR. ROBERT SHEPHERD, filed.
Deposition of DR. RICHARDS S. BARRETT, filed.
Set for NJ trial Wed., 12-10-69, at 900 A.M.
ON TRIAL - NON JURY: Exhibits admitted & depc
ON TRIAL: Counsel for deft requested Ct. to a
reasonable period of time to depos^dditional
Ct. granted counsel for parties until 1-15-70
supp. record. Ct.,directed pltf's counsel to
2-1-70 & deft to 2'-10-70. THEN SUBMIT.
Portions of Richard S. Barrett's depositions,
Pltf's. notion tofprohiblt further proof and t
proceedings, with'memo, filed.
Order filed granting pltf's motion (verbal?)
for the scholastic & medical history of pltf;
Attys for either party are permitted to inspej:
of records of J.R.E. Lee High School & any Fla
relating to pltf & her class at J.R.E. Lee Hi
medical record during years 1965 & 66. Depost
evi^dnee & discovery may likewise be presented
concerning these (2) matters. Copy to counse .
Deft's, brief in response to pltf's. motion tt
proof, filed.
3ns
ê,
dof
Clopie
nitifif d.
oriei.
SUBMITTED TO SOS ON PLTF'S MOTION TO PROHIBIT fURTH^R f>ROOF
TO CLOSE THE PROCEEDINGS.
Transcript of proceedings had on Deo. 10 it 11, 196^, filled.
"Over'
C. A. 11599
Shoot 2
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D A T E
1970
Jan 14#1
sr,
20
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26
P U . I N O & — P R O C n C D IN Q S
tionn etc,
posiuiors etc
filed
her >ri< f k j roj osod
ya
ct &
brief
° e£f t A n m£ t i0 n t0 enlar8e time for taking deposi filed.S/^Brief in support, filed.
Order extending time thru 3*1-70 for taking ds
filed. Copies to counsel.
jteii:>-t,vpo not.er. of proceedings had Dee. 10 h 11, 196?
Peb. 14-57.Order ext. time thru 2-15-70 for pltf. to file u
findings of faot k conclusions of law k deft is al' out a teJ'1*?'w i a r ! W S
Order that all additional evidence by either party
be submitted on or before March 1, 1970, and doft's
before March 10 1970 - filed. Copy to couns?
Medical record of Margie D. Colbert at Leeburg
copies of original clinic charts of Margie D.
Elmer Medical Clinic, Leesburg, Fla; k certificate
Tamese LaShawn Colbert, child of Margie D. Col'jert,
Deposition of Mr. Harold B. Whitehurst, filed
Pltf's. proposed findings of fact and conclusi3ns'of lrw, fLlei.
Pltf s. brief - filed. ' r r r
the deft,» filed, (proposed findings or ii
r , T° S0S 0N 0F DEC- 11 * ” , 1969, AND i’EB. £/ Deft s. proposed findings of fact & conclusior s of
Mar. 3
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July
C U E M K 'S r u x
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of fact
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VII,
Order filed, including Findings of Fact, that (1) i
iction of parties & deft, is an employer wit!in me
ivil Rts. Act of 1964; (2) The pre-employment tesu
to pltf. are professionally developed & their use
by the Act; (3) The use of gen. aptitude tests ***a:e rJeasoi|ablIy~relkted
to performance, etc.; (4) The denial of emplojmenJ 1 ‘ ^ V *
Hourt has
leaning of
s fdminlsttred
s rot prohibited
Act cf 1964;-
d« nying
t th > d« ft.,
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Aug. U
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racially motivated &'deft. has not violated Civ. Ri:
accordingly, judgment may issue for deft.; further
for attys.' fees.
6?6rjlR)GMENT filed and entered by clerk, that pit!', talce rothirg,
the action be dismissed on the merits, and ths 1 r
CORPORATION, INC., recover of pltf., MISS MAR(
its costs of action.
(Copy of order & judgment to counsel)
__, Deft'E- Bill of Costs in the sum of $7l»1.72, filed.
ST 'posts taxed in the amt. of $7ltl.72
(5 U p l t f ' s . notice of appeal filed. (Copy to deft
h Appeal--hond-gaquesbed-,
$250.00 Appeal Bond, filed.
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V
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
H i JJ Iti CiiR.es OFFICE
1968
ATLANTA DIVISION 0, ,uut l G02A, Cierk
MISS MARGIE DELORFS COLBERT,
plaintiff,
-vs-
I H-K CORPORATION, INC.,
Defendant.
I 11599
CIVIL ACTION NO.
rfT> f1’ |f“ ;
uii lilt H E
1963
C O M P L A I N T
I.
- (MARSHAL
H ' " O R G J A
ibu l
Jurisdiction of this Court is invoked pursuant to 28
United States Code, §1343. This is a suit in equity authorized
and instituted pursuant to Title VII of the Civil Rights Act of
1964, 42 United States Code, §2000e, et seq., and 42 United
States Code, §1983. The jurisdiction of this Court is invoked
to secure protection of and to redress deprivation of rights
secured by (a) Title VII of the Civil Rights Act of 1964, 42
U. S. C., §2000e, providing for injunctive and other relief
against racial discrimination in employment, and (b) 42 U.S.C.,
§1981, providing for equal rights of citizens and all other
persons within the jurisdiction of the United States.
II.
Plaintiff brings this action on her behalf and on behalf of
all others similarly situated pursuant to Rule 23, Federal Rules
of Civil Procedure. There are common questions of law and fact
affecting the rights of other Negroes seeking equal employment
u
opportunities without discrimination on the grounds of race or
color, who are so numerous as to make it impracticable to bring
them all before this Court. A common relief is sought. The
plaintiff adequately represents the interest of said class.
III.
This is a proceeding for a preliminary and permanent in
junction restraining and enjoiring the defendant, H-K Corpora
tion, Inc. (hereinafter H-K Corporation), from maintaining any
policy, practice, custom, and usage of withholding, denying,
attenuating to withhold or deny, and depriving, or attempting to
deprive and otherwise interfere, with the rights of plaintiff
and others similarly situated to equal employment opportunities
on the grounds of race or color.
IV.
Plaintiff, MISS MARGIE DELORES COLBERT, is a Negro citizen
of the United States and the State of Georgia, residing in the
City of Atlanta, Georgia. Defendant, H-K Corporation, is
engated in interstate commerce within the meaning of Title VII
of the Civil Rights Act of 1964, Defendant sells young men's
teer.age, and ladies'wearing apparel. Defendant employs 79
persons; 20 of whom are members of the Negro race. All of the
i.egro employees are in the lowest paying and most menial job
classifications. Defendant maintains a regular office and place
of business in the City of Atlanta, Fulton County, Georgia.
V.
Plaintiff, Miss Margie Delores Colbert, on September 14,
1966, applied to the defendant for an office position in
response to rn advertisement in an Atlanta newspaper. Plaintiff
sought employment as a secretary or as a clerk-tvpist. Plain
tiff was qua]ified for :he work which she sought. Plaintiff had
f,
to.
-2-
completed high school and had recently completed a course in
general secretarial work at a prominent business college in
Atlanta, Georgia. Plaintiff had approximately one and one-half
years of experience as a receptionist. The defendant, neverthe
less subjected the plaintiff to a series of tests which are not
administered to white persons applying for the position of
general secretary or clerk-typist. Upon completing the test,
plaintiff was advised by an employee of the defendant that she
would be notified of the results of the examination within a
week. The defendant failed to so notify the plaintiff, and the
plaintiff then called the defendant to obtain the results of the
examination. At that time, the defendant advised plaintiff
that it had a certain "intellectual requirement" which plaintiff
had failed to meet. On September IP, 1966, the defendant hired
a white female applicant for the position as reneral office file
clerk. Said applicant had no better experience for the position
than the plaintiff and was not subjected to the test which was
administered to the plaintiff. On September ?6, 1966, a white
female applicant was employed for the position for which plain
tiff had applied. Said applicant was not subjected to any test.
From September 14, 1966 through November 1966, the defendant
hired only white females who were not subjected to the "battery
of tests" to which the plaintiff was subjected in order to
qualify for the position of general secretary or clerk-typist.
VI.
Neither the State of Georgia nor the City of Atlanta has
a law prohibiting the unlawful practices alleged herein. On
September 26, 1966, within ninety days from the racial discrimi
nation in employment practiced by defendant H-K Corporation,
plaintiff filed a complaint under oath, with the Equal Employment
-3-
k
r-r
{
Opportunity Commission alleging denial by defendant of her rights
under Title VII of the Civil Rights Act of 1964, 42 U. S. C. ,
g2000e, et seq. Subsequently, in a letter dated October 27,
j 1967, the Commission notified the plaintiff of the existence of
reasonable cause to believe that unlawful employment practices
I within the meaning of Title VII of the Civil Rights Act of 1964
i had been com litted by the defendant; that the Commission would
i attempt to e iminate said practices by conciliation as provided
j in Title VII of the Civil Rights Act of 1964; and that plaintiff
i would be kept informed of the progress of conciliation efforts.
! on Jaruary 29, 1968, the Commission notified the plaintiff that
defendant's compliance with Title VII had not been accomplished
within the maximum period allowed to the Commission by law, and
that the plaintiff is therefore entitled to maintain a civil
action for relief in the United States District Court.
j VII.
Plaintiff has no plain, adequate, or complete remedy at law
to redress the wrongs alleged, and this suit for a preliminary J and permanent injunction is her only means of securing adequate
! relief. Plaintiff and the class she represents are now suffering
, and will continue to suffer irreparable injury from defendant's
policies, practices, customs and usages as set forth herein.
WHEREFORE, plaintiff respectfully prays that this Court
1 advance this cause on tha docket, order a speedy hearing at the
i earliest possible date, ;ause this case to be in every way
i expedited, and upon such hearing to:
1. Grant plaintiff and the class she represents a
i| preliminary and Dermanert injunction enjoining defendant H-K
j| corporation, its agents, successors, employees, attorneys, and
i
i i I
8
those acting in concert with it, and at its direction, from
continuing or maintaining any policy, practice, custom and
usage of denying, abridging, withholding, conditioning, limiting,
or otherwise interfering with the right of plaintiff to employ-
merit on the ^asis of rfce or color;
2. Grant plaintiff, Miss Margie Delores Colbert, an
award of money representing the difference between what she
actually made in other employment and what she would have made
if she had been employed by the defendant from September 9, 1966
to the present;
3. Grant plaintiff and the class she represents a
preliminary and permanent injunction enjoining defendantf H-K
Corpoiation, its agents, successors, employees, attorneys, and
those acting in concert with it, and at its direction, from
continuing or maintaining any policy, practice, custom and usage
of discriminating against the plaintiff and the class she
represents by subjecting them to tests and limiting them to
lower paying jobs because of their race or color;
4. Allow plaintiff her costs herein, including
reasonable attorney's fees, and such other and additional relief
as may appear to the Court to be equitable and just.
Respectfully submitted,
/ (K
ROWAftb MOOSE', Jft.--------- ----
PETER E. RINDSKOPF
859 1/2 Hunter St., N, W.
Atlanta, Georgia 30314
JACK . GREENBERG
LEROY CLARK
10 Columbus Circle
New York, New York 10019
ATTORNEYS FOR PLAINTIFF
5k
S U M M O N S IN A C IV IL A C T IO N
CTT. l
(PoraaHr D. C. Form No. 48 R « . (4-49))
Huitrd states Biatrirt Court
FOR THE
NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION
MISS MARGIE DELORES COLBERT
C ivil Action file No ...A1.5?9
Plaintiff ► SUMMONS
H-K CORPORATION, INC.
Defendant
To the above named Defendant :
plaintiff’s attorney 3 .
an answer to the complaint which is herewith served upon you, within 20 days after service of this
summons upon you, exclusive of the day of service. If you fail to do so, judgement by default will be taken
against you for the relief demanded in the complaint
Deputy Clerk.
Date: February 27, 1968 [Seal of Court]
Note:—This summons Is issued pursuant to Rule 4 of (he Federal Rules of Civil Procedure.
(o Q .
10
RETURN ON SERVICE OF WRIT
I hereby certify and return, that on the 1st day of March 19
I received this summons and served it together with the complaint herein as follows-
L h r' AjJ oortii'y and return j served the within summons Conplaint on tie therein-named !.-K Corporation by handing to and leaving a true and correct ;opy
tnortoi aj th 0. i. Gregory, ..gent or 5e -vice, personally at 10th. rlo r
.'uloon . fcuoral bids-,., ntlanta.. i a. on fids 1st day of March i960.
/ \ /
CIAUI’l 1. Uu/A. tlerr
By
M arshal’s Fees
Travel... $...
Service .......3.00
Deputy . lark
................
Subscribed and sworn to before me, a
day of , 19
[SEAL]
By
KLmer J. Hardegree
United States Marshal.
v£< y.- Z>V.i
Deputy United Statesf{darshal.
this
11
Note: Affidavit required only If service ia made by a person other than a United Stated Mursifst or hiihis Deputy. ’
7a
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF, GEORO^/^ q .
ATLANTA DIVISION I ] fafy
MARGIE DELORES COLBERT
Plaintiff
C/H
H-K CORPORATION, INC.,
Defendant.
CIVIL ACTION
NO. 11599
MOTIONS BY DEFENDANT TO DISMISS
OR, IN THE ALTERNATIVE, TO STRIKE
1.
Defendant moves the Court to dismiss the action
because the complaint fails to state a claim against de
fendant upon which relief can be granted.
2 .
Defendant moves the Court to dismiss the action be
cause the complaint fails to state a claim against defendant
upon which relief can be granted, in that it appears on the
face of the complaint that the action is barred by the pro
visions of Title VII, Sec. 706 (42 USC 2000e-5(e)) of the
Civil Rights Act of 1964 because it was not brought within
ninety days after the charge was filed with the Equal Employ
ment Opportunity Commission, and because the alleged acts of
the defendant were not under color of any statute, ordinance,
regulation, custom or usage of any State or Territory, within
the requirements of 42 U.S.C. 1981 and 1983.
3.
In the alternative, defendant moves the Court to strike
V o .
12
from the plaintiff's complaint the following allegations on
the grounds that they are immaterial to any cause of action
stated in said complaint, redundant, impertinent and prejudi
cial to defendant:
(a) The allegations in paragraph I that this is a
suit in equity authorized and instituted pursuant
to "42 United states Code, 11983," and that the
jurisdiction of thfc Court is invoked to secure pro
tection of and to redress deprivation of rights
secured by "(b) 42 U.S.C., 51981, providing
for equal rights of citizens and all other persons
within the jurisdiction of the United States, "
because the alleged acts of the defendant are not
alleged to have been under color of any statute,
ordinance, regulation, custom, or usage, of any
State or Territory, within the requirements of said
statutes.
(b) The allegations of paragraph II because the ques
tions of law and fact involving only the individual
plaintiff preponderate over those which are common
to any alleged class.
(c) The allegations of paragraph II because the com
plaint fails to identify or to describe an appro
priate class within the requirements of Rule 23(a)
Federal Rules of Civil Procedure.
(d) The allegations of paragraph II because the members
of the alleged class other than plaintiff are not
alleged to have filed charges with the Equal
Employment Opportunity Commission which is a pre
requisite to their seeking relief by civil action
2
in the District Court for a violation of the Civil
Rights Act of 1964.
(e) The allegations of paragraph II, to the extent that
the complaint seeks to identify any employees of
defendant as the alleged class, because the complaint
shows on its face that plaintiff is not and has not
been an employee of defendant and did not represent
the employees of defendant when the complaint was
filed because she was not a member of any such class.
(f) The allegations of paragraph II, to the extent that
plaintiff seeks redress for defendant's failure to
employ her, because she cannot represent a class of
which she is not a member, and there are no common
questions of law or fact concerning the failure to
employ her or her loss of earnings with any alleged
class.
(g) The allegations of paragraphs III and VII of the com
plaint and paragraphs 1 and 3 of the prayers which
seek a preliminary and permanent injunction and which
are pertinent only to such relief because the
other allegations of the complaint show that there
is no cause of action stated for such equitable relief.
Respectfully submitted
ARNALL, GOLDEN & GREGORY
Tenth Floor
Fulton Federal Bldg.
Atlanta, Georgia 30303
H
CERTIFICATE OF SERVICE
Th. undersigned does hereby certify that be has
„ this date served the foregoing pleading on the pl.intrff
,y mailing a copy of the same to her attorneys
lessrs. Howard Moore, Jr. and Peter E. Rindsbopf at 859-1/2
,enter Street N. Atlanta, Georgia 30304, their last
tnown address, postage prepaid.
This ^ ' day of 1968.
€ .Insist Jf <-r ■ l— r^"1-
Attorney for the <^fenaanr
I I Ol
1 5
UNITED STATES DISTRICT COUR'
NORTHERN DISTRICT OF GEORGI,
ATLANTA DIVISION
MISS MARGIE DELORES COLBERT )
)
)
CIVIL ACTION
H-K CORPORATION, INC.
v s . )
)
)
)
NUMBER 11599
ORDER ON DEFENDANT'S MOTION TO DISMISS OR
_________________ STRIKE
This is a class action wherein plaintiff seeks injunctive
relief as against defendant for alleged racial discrimination in
employment. Jurisdiction is invoked pursuant to 28 U.S.C. §1343,
42 U.S.C. §1981, and 42 U.S.C. §2000e, et seq. The above named
plaintiff also asks for money damages for this alleged discrimina
tion.
action was not brought within 90 days after the charge was filed
with EEOC and (2) the alleged acts were not under color of any
statute, regulation, or custom of any state, within the require
ments of 42 U.S.C. §1981. In the alternative defendant moves that
certain allegations in the complaint be striken because: (1)
42 U.S.C. §1981 is not e proper basis for this suit; (2) this is
not a proper case for a class action: (a) the complaint does not
identify or describe an appropriate class within the requirements
of Rule 23(a), F.R.C.P.; (b) the members of the alleged class
other than plaintiff have not filed charges with the EEOC; (c)
plaintiff cannot properly represent the employees of defendant
because she has not been an employee of defendant; (3) injunctive
Defendant moves to dismiss on the grounds: (1) this
72
relief is not proper in this case because the alleged discrimina
tory practices , if they in fact existed, have been terminated.
This Court rejects defendant's contention that this
action had to be brought within 90 days after the charge was filed
with the EEOC. Although there is disagreement as to whether
actual conciliation efforts are a jurisdictional prerequisite to
a suit of this nature, there is little disagreement as to whether
an action must be brought within 90 days after the charge is filed
with the EEOC. Only two cases support the view supported by
defendant. See Miller v. International Paper Co., Civil Action
No. 3416 (Nov. 9, 1967, S. D. Miss.) (this decision by Judge
Cox is now before the Fifth Circuit, Case No. 25,616); Cunningham
v. Litton Industries, 56 L C §9078 (September, 1967, C. D. Calif.).
The weight of authority is to the contrary. See e.£., Mondy v.
Crown Zellerback Corp., 271 F. Supp. 258 (E. D. La. 1967) (actual
conciliation efforts not necessary); Dent v. St. Louis-San
Francisco Ry. Co., 256 F. Supp. 56 (N. D. Ala. 1967) (actual
conciliation efforts are necessary). These cases agree that the
"60 day" requirement is to be given a directory rather than a
mandatory interpretation and that the bringing of the suit within
30 days of reviving the suit letter is the crucial requirement.
The letter received by this plaintiff recites "that conciliation
efforts in the above matter have failed to achieve voluntary
compliance." Accordingly, it is not necessary to reach the questior
on which Dent and Mondy differ.
The Court cannot agree with plaintiff's position that this
complaint states a cause of action under 42 U.S.C. §1981. The
action complained of was not done under color of state law. See
73
13a
Lucom v. Atlantic National Bank of West Palm Beach, Florida,
354 F .2d 51 at 55 (5th Cir. 1965). However, the applicability
of 42 U.S.C. §1981 is not essential to this Court's jurisdiction
nor to plaintiff's cause of action.
Serious questions are posed by defendant's contentions
that this is not a proper case for a class action. In a case of
this nature, it is not necessary that all members of the class
file charges with the EEOC. See, e.£., John Martin Oatis v.
Crown Zellerbach Corp., Civil Action No. 25,307 (5th Circuit,
1968, before Circuit Judges Bell, Ainsworth and Godbold.) See
Newman v. Peggie Park Enterprise, 390 U. S. 400 (1968) (suit
under Title II of the Civil Rights Act of 1964). However, a
class action is permissible only within certain limits: (1) the
class action must meet the requirements of Rule 23(a) and (b)(2);
(2) the issues raised by plaintiff must be those issues that he
has standing to raise and must be those issues related to the
charge filed with the EEOC. Moreover, the members of the class,
as opposed to the representative of the class who has filed a
complaint with the EEOC, must proceed within the periphery of the
issues which the plaintiff could assert. See Oatis v. Crown.
supra. Thus, it is clear that this plaintiff cannot represent
the 20 Negro employees of defendant who are allegedly discrimina
ted against in terms of job promotion and job classification.
Moreover, only that aspect of the case dealing with the question
of discriminatory practices in hiring and seeking injunctive
relief supports a class action. Plaintiff does not attempt to
bring the aspects of the cass dealing with individual redress for
the past acts of discrimination in hiring within the purview of
3.
7 4
f i n : ' ncE
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTERHN DISTRICT OF GEORGIA
ATLANTA DIVISION
MISS MARGIE DELORES COLBERT
Plaintiff
Deputy Clerk
vs Civil Action No. 11599
H - K CORPORATION, INC.
Defendant.
A N S W E R
NOW COMES H-K Corporation, Inc., named as defendant in
the above stated action, and files its answer and for answer
says:
1. Answering Paragraph I of the complaint, the defendant
admits the jurisdiction of the Court but denies the remaining
allegations of Paragraph I.
2. Answerirg Paragraph II of the complaint, the defen
dant admits the r negation that plaintiff brings this action
on her behalf, but denies the remaining allegations of Para
graph II.
3. The alltgations of Paragraph III are denied.
4. Answering Paragraph IV of the complaint, the defendant
admits the allegations of the first, second, third and last
sentences of said paragraph and denie s the allegations of the
fourtn and fifth sentences of said paragraph.
5. Answering Paragraph V of the complaint, the defendant
admits the allegations of the fxrst and second sentences of said
paragraph and denies the remaining allegations of said paragraph.
FIRST DEFENSE
r e c e i v e d
S E P 3 1968
76 C LERK’S O FFIC E
6. Answering Paragraph VI of the complaint, the defendant
admits that plaintiff filed a complaint under oath, on Septem
ber 26, 1966, with the Equal Employment Opportunity Commission
alleging denial by defendant of her rights under Title VII of
the Civil Rights Act of 1964 and admits the allegations of the
third and fourth sentences of said paragraph and denies the re
maining allegations of said paragraph.
7. The allegations of Paragraph VII are denied.
8. Answering the prayers of the complaint, the defendant
denies that the plaintiff is entitled to any of the relief
sought therein.
Defendant's failure to employ plaintiff was based upon
plaintiff's lack of experience and ability for the vacancy for
which she applied and not upon her race and color.
The complaint fails to identify or to describe an appro
priate class, and the questions of law and fact involving only
the individual plaintiff preponderate over those which are common
to any alleged class.
WHEREFORE, having answered, the defendant prays that the
complaint be dismissed and that the defendant be discharged
with costs taxed against the plaintiff.
SECOND DEFENSE
THIRD DEFENSE
ARNALL, GOLDEN & GREGORY
1000 Fulton Federal Bldg
Atlanta, Georgia 30303
2
77
DEMAND FOR JURY TRIAL
TO: Miss Margie Delores Colbert
or her attorney of record
Mr. Howard Moore, Jr.
859 1/2 Hunter Street N. W.
Atlanta, Georgia 30314
PLEASE TAKE NOTICE that the defendant, H-K Corporation,
Inc. demands trial by jury of the issues of fact in this action.
ARNALL, GOLDEN & GREGORY
The undersigned does hereby certify that he has this day
served the foregoing answer and demand for jury trial on the
plaintiff by depositing a copy of same in the United States
mail properly addressed to plaintiff's counsel of record,
postage prepaid.
THIS day of August, 1968.
1000 Fulton Federal Building
Atlanta, Georgia 30303
CERTIFICATE OF SERVICE
3
78
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
MISS MARGIE DELORES COLBERT,
Plaintiff,
-vs-
H - K CORPORATION, INC.,
Defendant.
IN CLERK’S OFFICE
AUG 2 jggg
' ' • 'c L. Gu/ft, Clerk
^ Deputy Cleric
Civil Action No. 11599
MOTION TO STRIKE DEMAND FOR JURY TRIAL
i
Plaintiff moves the Court to strike the demand for
jury trial heretofore served and filed by defendant H-K Corpor-
i ation, Inc., on the grounds that no right of trial by jury
|exists under the Constitution or laws of the United States
as to any issue presented herein.
Dated: This_____ day of August, 1968.
Respectfully submitted,
HOfoARb MOORE, JR. Z7
PETER E. RINDSKOPF
859 1/2 Hunter Street, N.W.
Atlanta, Georgia 30314
JACK GREENBERG
GABRIELLE KIRK
10 Columbus Circle
New York, New York 10019
ATTORNEYS FOR PLAINTIFF
ATLANTA DIVISION
MISS MARGIE DELORES COLBERT, X
Plaintiff, X
X
H-K CORPORATION, INC., Civil Action No. 11599
I
Defendant. X
X
NOTICE OF MOTION AND CERTIFICATE
_______ OF SERVICE
TO: CLEBURNE E. GREGORY, JR.
ARNALL, GOLDEN AND GREGORY
1000 Fulton Federal Building
Atlanta, Georgia 30303
Attorneys for Defendant,
H-K Corporation, Inc.
You are hereby notified that plaintiff will bring this his
motion to strike the jury demand on for hearing on written briefs,
as provided for in the Local Rules of Court, within ten days of the
receipt of the same. You are invited to make such response as you
I hereby certify that I have served a copy of the above and
foregoing notice of motion, motion to strike jury demand, and
supporting memorandum upon counsel for the defendant be depositing
a copy of the same in the United States Mail, in a properly stamped
envelope, addressed as above, this day of August, 1963.
determine appropriate.
859 1/2 Hunter St.,^N.W.
Atlanta, Georgia 30314
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
MISS MARGIE DELORES COLBERT )
)
)
)
)
)
)
CIVIL ACTION
vs .
NUMBER 11599
H-K CORPORATION, INC.
ORDER ON PLAINTIFF'S MOTION TO STRIKE
_______________ JURY DEMAND
This is an action wherein plaintiff seeks injunctive
relief and money damages against defendant for alleged racial
discrimination in hiring. Jurisdiction is invoked pursuant to
28 U.S.C. §1343, and 42 U.S.C. §2000e, et seq. She alleges that
she was denied a job even though fully as qualified as other
applicants. Moreover, she alleges that she aiong with other
members of her race have been subjected to tests not required of
other applicants. Plaintiff asks for injunctive relief as well
as an award of money representing the difference between what she
actually made in other employment and what she would have made
if she had been employed by defendant.
jury trial. This question is controlled by this Court's decision
in Culpepper v. Reynolds Metals Co., Civil Accion No. 12179
(N. D. Ga., J inuary 6, 1969) wherein it was held that a jury
trial is not vequired under Title VII, nor is a jury trial
required unde- the Seventh Amendment in a case of this nature.
Accordingly, plaintiff's motion to strike the jury
demand is granted.
Plaintiff has moved to strike defendant's demand for
U P
Z l a
IT IS SO ORDERED.
This the 7th day of January, 1969.
2.
Zla. Ill
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
MISS I-IARGIE DELORES COLBERT ) CIVIL ACTI JN
)
vs. ) NUMBER ll£99
)
)
H-K CORPORATION, INC. ) PRE-TRIAL ORDER
STATEMENT OF CASE. This is a suit brought under the provisions
of Title ? of the Civil Rights Act of 1961;, in which the plaintiffj
seeks injunctive a id declaratory relief on her behalf, and
members of an alleged class she represents. In this respect, the
plaintiff contends that she was denied employment on the basis of
race and color, in violation of the Act; and, further contends
that all Negro applicants for jobs in the cattgory to which she
applied are discriminated against on the basis of race and color.
At the time of application for emplcyment, the defendant
had approximately 79 employees. In view of tte size of the
defendant company, there is no need for restriction of the alleged
class other than has previously been directed by the Court; and
evidence as to company-wide policy will be admissible by either
party on the trial.
NON-JURY TRIALS.
STATEMENT OF ISSUES. The issues are: Does the plaintiff represent
a class? Vlas plaintiff denied employment because o ' race or
color?
In connection with the last question, plaintiffs position
is two-fold: (3) That the plaintiff was tested as a prerequisite
to employment, while successful white applicants were not so
tested; and, (b) that the test, if uniformly administered, is not
a valid, professional, developed test for app icants.
2.3 a
245
EXHIBITS. In the event counsel desire to offer exhibits for
introduction Into evideice, the same shall be submitted to
opposing counsel at least 10 days prior to the trial. At the
beginning of the trial, counsel shall advise the Court of those
exhibits which ll) may be admitted without further proof; (2)
may be admitted without further proof as to authenticity, but
reserving other objections as to admissibility; and (3) may not
be admitted by agreement.
WITNESSES AND DERATIONS. All discovery has been completed
other than two depositions, the taking of which has been agreed
upon by counsel, and the case is apparently ready for trial.
Counsel shall likewise exchange the names of proposed witnesses,
under the pretrial instructions, at least 10 days prior to trial
OTHER MATTERS. The estimate of trial time is one to one and a
half days, and it is anticipated the same will be placed on the
non-Jury trial calendar for early December, 1969, or early
January, 1970.
IT IS HEREBY ORDERED that the foregoing constitutes a
pre-trial order in the above case and that it supersedes the
pleadings which are hereby amended to conform hereto and that this
pre-trial order shall not be amended except by consent, or by
order of the Court, to prevent manifest injustice.
IT IS SO ORDERED.
This the 18th day of August, 1969.
Sidney''
Uni ted
Smi Eh, Jr.
States District Judg e
~ l/A„ r --ngp in ora* mmi
Cm\J Clauds Jj- Gusci, CCi»j£
>•*«
■'•' naWlr ci^a
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
MISS MARGIE DELORES COLBERT,)
)
Plaintiff ) CIVIL ACTION NO. 115,98$
)
vs. )
)
H-K CORPORATION, INC. )
)
Defendant )
___________________ )
Significant portions of testimony of
DR. ROBERT SHEPHERD
Submitted by H-K Corporation
PROFESSIONAL QUALIFICATIONS:
Pages 5,6
Page 60 line 16 through page 62 line 3
EMPLOYMENT BY H-K and NATURE OF EMPLOYMENT:
Page 8 Line 10 through page 11 line 21
DESCRIPTION OF TESTS GIVEN:
Page 11 line we through page 12
VALIDITY OF TESTS GIVEN:
Page 18 through page 25, line 6
Page 33
Page 36 line 11 through page 37 line 2
NON-DISCRIMINATION:
(a) Of tests themselves
Page 44 line 11 through page 46 line 13
Page 54 lines 19 through 24
(b) As administered at H-K:
Page 54 lines 7-11
Page 70 line 13 through page 72
EVALUATION OF MISS COLBERT:
Page 52, line 19 through page 54
Identified: Page 29, line 18 through page 30,line 24
2 1 1 a.
SIGNIFICANT PORTIONS OF RICHARD S. BARRETT DEPOSITION
Otis test was de\eioped by a professional psychologist.
Is one of the more widely used. (Pp. 50, 51, 142)
16 PF test is a professionally developed test. (p. 143)
Cannot tell whether any bias against Miss Colbert be
cause of her race entered into Dr. Shepherd's report, (p. 36)
C?nnot testify that the tests that were administered to
Miss Colbert were not valid. (Pp. 59, 60)
About 81 intelligence tests and 47 personality tests
available for evaluating applicants for employment. Psy-
chologists differ as to relevance and use. (Pp. 48, 49, 50)
Cannot state whether personality test was appropriate
or inappropriate without an exhaustive study. (p. 68)
Is not familiar with the 16 PF Form C test. (p. 64)
Cannot pass on whether the dictation test was a fair or
unfair test. (Pp. 80. 81, 82, 83)
No one can establish generalizations as to whether a
test discriminated on the basis of race based on one case.
You would have to establish a pattern. (p. 84, 121)
If five Black applicants failed the Otis test and five
white applicats passed, he could not say that the test dis
criminated on the basis of race, without knowing more about
the circumstances. Same testimony regarding dictation test.
Neither do lower scores by Black applicants necessarily mean
that the tests are unfair. (Pp. 86, 87, 90, 104)
Must learn more about ethnic groups and particularly
with reference to teiing and job performance before effect
of the tests on the different ethnic groups can be deter
mined. (p. 106)
Is not convinced that culture-free tests have been
developed. (Pp. Ill, 115)
Respectfully submitted,
ARNALL, GOLDEN & GREGORY
2 ^ 1 a.
259
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IS
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23
. V A"EE DISTRICT COURT
;;r.pT.;j;.;Pi'4 DISTRICT OF GEORGIA
At l a n t a d i v i s i o n
RE 1 00 J Epr , >
PI lint; 1 " T , )
r
' -hr',
OTVTL ACTION
FILE NO. 11599
)
Defend'iiit,. /
of o
Transcript of proceedings before the Honorable
SIDNEY o. O^i t h , JR. In Atlanta, Fulton County,
Georgia, on rccen"br>r 10 and 11, 1969 , in the above-
styled cause.
of o
APPEARANCES OF COINSEL:
For the PI air tiff: Howard Moore, Jr.
Prs. Vil>aa Singer
f'59 1/2 Hunter Street, NW
Atlanta, Georgia
C. E. Gregory
Alex Cocalis
1000 Fulton Federal Building
Atlanta, Georgia 30303
tor the De fer dant
24
; INDEX OF PROCEEDINGS
WIxNESSiiS.
4 ! . MA^nrr DELORES COr r>r?nrT’ •
jirect-woore P . /
. r 3-'3-Gregory p i: x • J J
i Re 33 v a ct-Moore P. 113
Deiirect-Mooie p # 26i
7 Recross-Gregery P. 2 6 5
8
MISS MICKIE HEARNE
9 Cross-f oore p # 118
Direct Gregory P. 1 6 9
IC Recros; -Moore P. 1 9 0
Reriire t-.Gregory P. 199
1 1 Recros: -Moore P. 200
12
MRS. HETTY VINSON
1 3 Cross-.' inger P. 20 3
Direct-Gregory P. 2 2 7
1 4 Recros:-Singer P. 2 4 6
Redirec t-Gregory P. 2 5 5
15
16 ALLEN M. FALCK
t
Direct-Gregory P. 2 82
' 8
1 9
:o
•
oOo
2 3
i
2 4 1 Z 1i
•
.. 'V"r-r,; o -j nsr, mentlemen. Let me m^ke
'■or-. ra *■> *- r,f ̂ r*£ r ]<3l2*> "V S j) 0 ̂ ̂ ̂ ' v, ~ 4 v* T7- -4 Y-» 4- -f* e> 1 ! *“j r* r
' .’nk b . I' of you probao^y .enow, in these non-jury
:viaers, I ike to proceeu as lr formally as possible,
be don't have any jury, and therefore, it is not
nrj- ' e m a fo try the '•are ~s though a jury were here.
bills means that perhaps fron time to time I
!nay interrupt counsel's line of questioning to a witness
si"in*y ’--"cause I an trying to get the answer and I have
a fact finding duty. I have found from experience that
if I have a ouestion lingering in my mind and am polite
and wait, that sometimes I forpret to ask it, then when
T get ready to write the thing up the question is still
unanswered. It might be that the question I interrupt
you with you were going to ask, and I realize this dis
turbs your presentation, but I ask you to out up with
that idiosyncrasy on the Dart of the Court.
The second point I wish to make is that as
lawyers you realize that on appeal insofar as eviden
tiary matters are concerned, there is a presumption
that if any evidence is improperly admitted, the Court
didn't pay any attention to it. Therefore, on a nues-
tion of evidence, tho> Court is inclined to let it in
to any o.bJ e.ct 1 on you wish to make. Then, it
’\r - ' -r. *v ! e come ir.itle-nV on'1 ear'some- find’i *yr hv the Cour*
is rased solely on th° evidence that is alleged to be
ir.aumlss I b l e . i n 'hi- w a y , it saves a Lot of going
oacK aria forth and object .ng and this type ox’ thing.
The point I am making there is that in non-
*•- * ~’’S wre ar> i' ■; led try them "-vide onen" as
n-‘ xtw./ers say. '"here i.j, i assume, some pres umDt ion
* t Court is going to sift the e v i d en ce anyway,
and i realize that a 1 awyer might ask a question that
is a Little leading or something like tnat and I hope
rather than interrupt the proceedings for something of
that nature that you will Just consider that the Court
will ie sifting the evidence in the manner in which it
is presented.
^here wl 1 be n oouole of interruptions o the
trial. I have already asked counsel ndividually if you
thought we couid finish by tomorrow night and both of
you said you thought we could. 1 hope that is true.
Tomorrow at lunch Judge Carswell, who is here on the
Circuit is to make a speech and they have asked
-hp other Judges to be in attendance. So, this means
we will have a long lunch hour tomorrow. I also have
an emergency rent matter at nine o'clock in the morning.
I hone T can dispose of that inbetween nine and nine-
t;
!
3
<3
C;
10
1 1
1 5
l'3
18
19
2 I
I1 |
I
I
thirty, but there could t e a little delay in the
morning. We will try to Ret a good bit done today and
hone fully you will all let me so home tomorrow night.
Also, I rhouid say that I normally don’t have
•onenlng statements or closinr arguments, hut anything
vou want to say, of course, I an glad to hear.
''ere theie ary !ocr" ends In our housekeeping
matters with this :ase before we start?
MR. MOORE: N ne from the Plaintiff.
MR. GREGORY: Your ionor, from the Defendant, the
only thing is the documerts that were listed that the
Defendant planned to introduce was an Otis Test that
alleged! v was taker, at high school and a report by the
principal of the high sctool as to test scores that were
made at the high school, and we would lik> to reserve
our objection until we have bad the opportunity to cross-
examine on those documents.
THE COU^T: In other words, you want them more or
less identified by a live witness, is tha1 what you are
saving? All right. With that, I guess wt are ready to
proceed, Mr. Moore.
m r . m o o r e Your Hcn-r, I would like to introduce
to the fount Mrs. Vilma Mart Inez Singer, r member of the
New fork Ear, thorn I would like to sit in on this case.
THE COUR" I think hex name has appeared on some
6
r i-'-adlnys , rro! ably some papers I -have had before me.
Puaintiii is.ready to proceed.
'•'IfJ, OOfTRrp . jjf>t
• ^or,Fa;: Wf- would like to exclude from the Court1
(> j
1 MlsS Mi ly jp
7 ;t{
c o m p a n y and
8 ! company and
I
Q I MR. ORE
10 t a 1 1 V e o f t h
11 j T!!F, fou
id !j remain, and
n h a v e to wait
14 i
.5 I
l ft
■w -m ■r-on, a present employee of the!
THP. COURT: I will permit one representatIve to
remain, and If you ladles of the names ca.'led, you will
hnv° to walt <’ut in the hail until it Is time for you.
lu Singer, S---n-g-e-r? [ was in the Army
with a hoy named Martin Singer from New York.
MrtS. SINGER: I am Martinez Singe-.
17 I VP MOORE : She is from Texas.
18 l
.
THE OURT : I thought you said New Ycrk.
19 ! MR . 100 RE She is a member of the New York Bar.
-0 J
1
-TIT ' — i OURT Nice to nave you with us.
11
j
i
'-HE I Lu RK Oo you have a list of your witnesses?
■? 7 VIP . O ■ 0 X m Just the ones I called out. Would you
7 3 mark the; e, please?
24 THE CLERK: For Identification, Plairtif'-s Exhibit
25
_
No. 1 , copy o f newspaper jlipoing, Atlanta Journal
■0,0
O U C L
f 7
At : ar n ■' 1 *■ union. Plaintiff's Exhibit No. ?
ion i'oi em
, copy
Del crop r • ! e:-' .
pi'-ascV v\r . Clerk, would y< u ;wear this witness?
10
I
11 i
12.
13
14
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i O i
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18
IV
20
21
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7.4
^ou solemnly swear the eviJonce you
shnii g-ye ' n the issues ’oined before this Court shall
ho the truth, the whole t-uts, and nothing but the truth
:w- heir, vou hod?
NIOC COLBEPT; I do.
TjLE CLERK: T> ank you. Be seated, nl-ase.
VARG1 E DELORES dLBERT,
call^l as a witness, after hiving first been duly sworn,
testified as follows:
DIRECT EXAMINA"TON
BY WR. MOORE
A
0
A
o
■State your name, please.
Marque Delores Colbert.
Jhere do you live?
7 Hillard Streo+', Nor beast, Apartment "p"
n the City of Atlanta?
>s .
■re you a member of the Negro or black race?
Ye.:, T am.
how aid are you?
3
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Twer, a - ■ ‘ veara - of age •'
What is yn.ur-date of birth
J y 1 . , -l-cttQ.
• •} ; h e F l a i r ‘ ’ ■ < c a r. n -
M- -~-t r\ n. •*-.--°nl >ert verr ”-v °-rr.., Tr.c . , 71 vi 1 Action
liqqq, United State? District Court for the Northern District
o r Georgia, Atlanta Division?
A Yes, T arn.
0 A’iss Colbert, I would like to direct your attention
h'lnlt ro Aant <‘inbor , ]C6 6 , 1 aab vnu whether e>r» not vou
made application t • H-K Corn, for employment.
A Yes, I did.
0 What caused you to make application to H-K Corp.?
A Th^re was an advertisement in The Atlanta
Const1 tut ion referring to the J oh.
0 T show you Plaintiff’s Exhibit No. 1 ana ask you if
you can recognize It; as being the advertisement that you saw.
A In essence, yes, but the ad that I sai stated the
s a l a r y .
Is the exhibit that is presently before you the
same as the ad you saw except for a statement of salary?
A Mo , sir, it isn’t.
.0 it is not the same except for the statement of
sal ary?
Yes , it 1;
• SV>:
9
’/HE rout?:"- Hoc me see that a minute
:ODPf>
3 M-J 3
4 1 * ,r% ^onth ip S 0
*■>' t. *
e ::" - ?
7 a I n^6.
8 0 Eh at.
9 4: ! r> enont in the
10 , A -H i--
t i 1n the ad and a
Colbert, c m vcu tell us about what day of
nte-nbe” , ±< rir.^ «;aW that ad?
. h & r* 13.
‘ ■ r* • a
1
iowln.; m l nit: t maKr a;4- Ideation vor tne joo which
13 was advertised.
14 0 And about what time nf day or afternoon did you
1 5 call Mi ss Hearne?
10 A It was in the morn!ng around ten-fifteen or ten-
I? thirty.
18 0 Did you call 1er at the number listed in the ad?
19 A Yes, 1 did.
70 ! Q Can yon tell i3 what the conversation was between
1
2 1 | you- and m 'sr i earno at 'he time you called?
22 \ I st at
i23 i1!
apni .ving for t ne
•1
2 1 1 She then asked ir.
:1
25 | work exne r* 1 6nc°
_‘ r x
lr
1 iv 1 lowi. n.■ morning at nine o ’clock.
2
1 0
f ore any mention in the conversation he’ ween
1 one on font , 1 ■ , •• •■••?<»? V
4 1 ^ No, elr, there wasn't.
K »
j “"he next morning, "prt.pnhpr 14, '1966, woul d vou
(y
I
C* 4“ -"I *- t~> lit r'then o" not you went to IT—K Corn.?
" i AI Vos, ■: di i.
8 n
•
And was that, in pursuance of your efforts to get a j
0 ,) oh ? i
10 A Yes , 1t, was .
|
i; 0 V/hat time did you arrive at the plant?
< O uartr of nine.
i 3 Q nd what was your mode of travel? i
14 A Atlanta Transit Company.
15 . Q When you arrived at H-K Coro, on September 14, 1966,
16 was ■t or en for business?
17 A Yes, it was.
!
1H Q Did you see people t. lere working?
\ 9 A Yes, I lid.
20 i 0 Who was the f r*t oe 'son you met*
2 1 'i
A The receotion st.
i
22 i Q And where was she situated, located at the plant?
2 1 1 m the front tffice aehind a switch hoard.
24 j In toe front >ffice?
17 2, • A Immediately a'ter you walked in the door.
id
11
th black or white race?
7 1
j
V' • w h i t e .
i
|
l ,'1. u u nave u.v conversation or were there any
4 ‘ ;.'n o
1
r» • r f t- tiS passed t‘ ^T v o m p h e r#^oentl ont °.te
1
V ^ ir. 1 : ait! m. 1 m, rning to her and stated
1
... ...,e <ili ' * S cl .. > tnat 1 had tu appointment witn Miss Hearne
( for wIne o'clock She asked that I te seated.
8 0 ■'ere you seated?
9 A V.-.Q I ' ° > was.
lo i q1 How lo n were vou seated before you were seen by
1 1 someone e 1 s e ?
12 A
. ■ Abo it five minutes.
13 o And do vou know who that person was?
14 A N^ , s ir , I dor 11 .
15 0 Do you know the person b.y description?
16 A No.
17 Q Was it a nember of the black or white race?
18 A She wa s v ai te, sir.
19 i Q Ami were there any words or greetings exchanged
“ 1(■‘'■tween you an 1 ?hft person?
2 , !; A She so Id 'nod morning to me and I spoke to her.
22 Q Was ~h ' ■ r e any conversation about your being inter-
2 1 viewed?
24 I A No, she said that she would go into Miss Hearne to
25 | t* 11 that I ■:as waiting for her.
✓ 7
SoT
>• » ;
12
V And d Id you see her l^ave tie are? where you were
r \ » di recti on'
a } c; she did.
n ov; ng was .c he o'-o ■■■-> -
tw 5 or : hr t \u t nr .
Q Did she return?
a Yes , she ciid.
Q And was ”'lss Hearne with her?
A Y p s
0 Ant r Is was the first time you had seen Miss
I, I
. Jf:. rj >->r; n 7 J
A Yes, It v/as.
Q About what time of the morning was it at this time‘s j
A It was about nine ten or twenty.
Were there any words or» greetings or conversations
between you ant Miss Hearne and he lady present with her?
No,- only Miss Hearne spoke to m e , the other young
Jad.y was talking to the receptionist.
Q Did you say anything to Miss Hearne?
A Yes, I sc id her my name and she said that I must be
Margie Colbert., the young lady who called her the previous
morning.
Q Was there any further conversation between you at
that time?
A No, si1”, there wasn't.
12
!
2
1 ' ■
id s u e e a d vou tr some other pa *t of the plant or1
~ ( • * ' J p o
3 a Y e s , Hr. > office.
•l 0 And - far av ay w a * ^ h a t 9
5
/a
a 7'' '-'O'- :5a in rlcrv« ;K au*- thre^ or four feet, I
7 Q P r o i w h e r e y o u were a t that time?
M AM Yes .
.-I ..not l i d you ao when you reached i ne alcove where
1 0 H e a r r e's office is located?
i e>
1 "7
22
23
2 4
!,ndod to me on )1 r,yment nop lication and
nr:f * r* f} ^ ner presence,
13 Q She g a v e y o u
14 A Yes , she did.
1 5 0 Was there any
about filling out the apolication?
ft No, t b e re wasn't.
I show vc u what nas been marked for identification
os Plaintiff's Exhibit No. ? and ask you to examine it and
state whether or net It is copy of the apnT cation that you
> o a Miss Hearre the day in question.
A Yes , it s .
o Is that the complete annlication?
A V p c* A * « - 1 s .
Q A re the e ntri 5s made there in your
V p- e
0 -
14
2 MR MOORE:
3 ExhiM t No . 2 .
.1 <nr (7 'IRT.;
3 j MR . GREGORY
<> 1 THE CO TIP'”:
j'os , t hey 'irp
''1R. MOORE: We move admission of. Plaintiff's
A/7 V" Ol? .
"
t) f .11 L in g o u t ,vo i r
10 A
Ck.)he '/as
1 1 o Uow f a r
12
A L d o n ' t
M ! o f f i 'ne
a - Miss Hearne luring the tir;e you were
15
1 5
i •?
1«
1 9
: C JPT: Ir, otter war is, just the two of .you,
and she was on the other side.
THE WITNESS: It was about as large as that table
there.
BY MP. MOORE:
How long did it take you to complete the applica-
1 1 on 9
2 4
2 > j de with it?
A About ten minutes.
Q And w;'int time was it then, i f y o u r e m e m b e r ?
!\ 1 don 11 remember, sir.
w A Iter you completed one application, w h a t d i d
th it?
3<?a.
*9
%
A' T handed It to. Mis? Hearne.
•*nd vv'!er ̂ any ctf.versation between you and Miss
* ’•- > -..era wasn't..
Q Was t h e n any dJ ̂ -!?yion ^-tween you and Miss Heat n\
ro. *■' .yaur apt 11 ,^Lk;, for employment?
A Yes, It was. After she scanned the application,
ah- went on to look at the part high school, elementary, the
u‘nr training, vocational training. She went Into in-depth
stvHv about my background, ny family’s background as to the
employment of my aunts who I was living -with in Florida beforj
enrolling in Massey, the grades J had made in extracurricular!
activities, and asked whether I'had received any awards or
medals while I was in school,
THE COURT: Excuse me. When you say in-depth
study, I presume she is asking you about all these
t hi ngs ?
THE WITNESS: Yes, my family, what kind of family
I came from. Afte- she asked me about my family, my
background, my school performance, and she asked me
about my courses and th - grades that I had made at
Massey, my m e e d in shorthand, my typing speed, and my
general overall grades as to my work performance.
BY • TR . MOORE ;
--‘Ml did a hat interview take?
* ■ f :
\<~L
1
l
4
(
8
9
10
13
1 _✓
l i
14
i j=
1
17
18
19
20
7 1
> ■>
21
24
2 '>
16
r. It mur t have beer ary thirty-five to
__ f Lvc mlnut es •
o TV-, » * -o'* ve tc forty + * i \ r r > n u t r a <?
i
A Yes , 1t W IS . I
r s " n d • ' out what tl — f morning was it then, 1
U you |
A it must have been pretty close to eleven or some thing
after.
Q Close to eleven?
A Yes.
Q And you say that thus interview was in-depth, is
that correct;
A Yes, It was, sir.
o And what is your reason for saying that?
A t had never oi anv occasion been interviewed bv
anyone ana they asked rr.~ personal questions about my family
as z o the occupation, and I think it was because she saw that
my birth place was Atlenta but tnat I was residing in
Leesburm, Florida, and maybe this was the reason for her
asking me as to my ‘’amlly’s background. She noticed that I
and placed my sunt' nftno there, Mrs. S. T. Leeks, as my
gus rdiar..
0 And the reason is your mother died v'hen you were
seven?
A I was i n the second gr ide, and I went to Florida
A 0 61
17
1 * K* '"*1 \f ^ J
b i r d g r a d o y e a r t o stan
f
• w i t h my aunts.
2 Ar 1 ' 'd y o u l i s t ~ur a n o 1 J c a t i o n and r e c i t e i n
3 t h ' i h t f r v l e w v ji t \ *-’t s s H e a r n e v o u r t r a i n i n g and e x p e r i e n c e ?
4 A Yes, I c !d .
5 0 L i d i t show t h a t y o u w e r e i g r a d u a t e of high
6 S C 1 i o c:-1 .
to
n
12
13
14
1 S
J6
i 4
J 8
7 to , It I'd, sir.
When did you graduate from high school?
A T graduated June 2nd , 10*56.
Q And was that the J. P. E. lee High School in
L e e s b u r g , F l o r i d a ?
A Wildwood, "’lord la, sir.
Q Miss Colbert, a "'ter your graduatio; from high
school, did you enroll at Massey Business College?
A Yes, 1 did. I enrolled at Massey June 11th, 1966.
And is that here in At lantf, Georgia?
A ics, it is.
And is that the Massey College located over here
on Marietta Street?
20 A Y e s , it is.
2 ( A n d h o w long rii 1 y o u s u d y there?
? ? A. From J u n e u n t i 1 S e n t e r n er 16 . 1 Q 6 6 .
Ana w h a t c o u r s e o d i d y u t a * e ?
24 ?A A "Te n e r a 1 s 2; t e a r i a l o u r s a .
> ' V hi ; v o u h ~ v e m s tu : 1 ; r in r 1 a s s a s
l { \ a.
18r.
-'T in:' and
N
u
10
1 i
12
13
14
15
16
17
18
19
2 0
it
7.,? i
I
2 3 .
i <
.her* thl r <ftr, that a secretary would do?
A Yes , sir. There was a course in clerical work, a
- , and a ty; ' n ■ and a nines? eh i quet t
course.
f nd what business machines were vou taught to use
n:. jvjassey?
a i n ric t y oei''"41 r> r which T had oreviousIv used
t °fore.
THE COURT: rid you have typing and all in high
echoo1?
THE WITNESS: Yes, I had typing.
THE COURT: lusiness arithmetic?
THE WITNESS: No, tae school I attended was very
small and the courses we *e limited, but as you reached
the ninth grade ycu coult take typing, so typing was
included in my schedule n the ninth grade year and I
took It about two years after that.
BY MR. MOORE:
1
o
A
0
A
Ycu say vou u'od or ■ lectric typewriter. Wl at.
TBM Selectric.
Is that the o ie with the little ball?
Yes, It. is.
And did you c implete your courses at Massey?
Yes , I did.
•X
1
2
0- ..her: aid you complete your courses at Massey?
^1 nin.hi'ng• da-te for all students -as Sentenbe-
i ) .ri i .sm*u ■ t w > weet s ahead of schedule.
And doe," that show on your apnll cation that you
i
• *ere onrolled 1n MaRsey • and completed Massey Business College \
nw
( Yes, sir* •
7 0 Hoes vou ” anplication show any prior work exnerienc>
A yPS < r area .
> n■-) ■ An i what is that work experience? i
1 [ w o r k e d tor cne and one half summers Iat Dabney
11 j U r l ‘ ralaom tn Florida as a typist-receptionist.
| ^ A n u ls D a b n e y F u n e r a l H o m e a l a r g e o r s m a l l
13 o p - r a t i o n ?
!-l A Tt is a large operation, sir.
1 5 j Q About how many bodies or funerals does it average
’ o I per week?
i
2.
j /\ •' ̂ f* c> p rn f twenty-f've , sir
i e : M*HU conic vou tell is what mur duties were with
J 9 Dabney? Did you hr-v '* anv duties with respect to correspon
20 donee, filling out ror-ms and i aking i isurance cl: d s and
21 things of that sort?
2 ? i A Yes, I did
7 3 ,i And were t *d c- h j t- p n r - h m u -ht out in tour inten-
~-t ; * 1 >0 . • O s r.hf? .] vv of S. ptember Id , 1966?
p • -» i
I 1 T A
?r"i
2(
W o n c w :o r your* interview with Miss Hearne, did she
» : ■ • r ui'.i'est r ‘quest of v o u to take anv tests or examina-
A Che sat i ;hat there were some more battery of tests
T vr •' e i f I v ani ■ 1
.v And d i d - 10 i n d i c a t e w h a t those tests were?
*■
• d h e s i i i i t h e r e w a s an X(-; test , she didn’t state the
name a t t h e ti-*e, and th^re was another test that the company
r e q u i r e d t h a t y o u o a s s f o r e m p l o y m e n t .
Di i s h e m e n t i o n a n y t h i n g about a typing test?
A Y e s , r o e lid.
0 ShortV-srid t e s t ?
a •
t\
0,
y h a , s h e 3 i d .*•■; -i; - • _
f)i d * p h “ mend! i o n t h e s h o r t h a n d t e s t b e f o r e o r a f t e r
y o u - - s t r i k e ' t h a t . ' -Did s h e Tieni
d o n t h e IQ. t e s t a n d p e r s o n -
aJ i t y t e s t b e f o r e o r a f t e r s h e h ad a d m i n i s t e r e d t h e t y p i n g
a n d s h o r t h a n d t o r t s . t o v o u ?
A A ft e r*, .' ! '*.
mj-jiv r^-.-nrp : n *‘t. P T t h r V h a d b e e n g i v e n .
h.Y v r . M O O R E :
o W a s t h a t a f t e r y o u h a d t a k e n t h e m ?
A A f t e r I h a d t a k e n t h e s h o r t h a n d t e s t .
THE COURT: Chen she mentioned the 10 and the, —
what did you call the other?
MR. MOORE: The 16 ?. personality factor.
HI I
0.
21
l ■ Y 'H. Mr OPE:
vl3? •Her-, -1c vei, »p nail tyH ̂ *“ ty 0 1 O T*1 ’,;i *1 1
> a
4 V p r* T -1- *. < t »
~y What dll it consist f?
, Tt v*nr In tn0 f01 f a ...ei•c thal pcr!iar>s wat> ;>ent
to Or:P of their1 c oa a an i e s a nd this o rticular memo was the
c. 'tpfiny in Enrland ;o th° corn any in Atlanta.
0 . Ano do vo i know the subjec of the me’ o?
1 0 A It was no subject. It was a general memo that
1 i stated the volume o ’’ business, the o ogress that had been
1 ? mad and new and bf 'ter ways ?f nark* ting the products which
J 3 .• 1 K Cor
14 •J And how 1 anr was th ? memo 1hat Miss Hearne -- strikf
15 0 f rai/'IfU- , L :d Ml. s:; Hog tie rive y au this memo or did she dictate
it*
!
5 7 n She dicta -eu It. sir ,
18 'j Q And how 1 any did It take h* r to dictate the memo?
! 4 A Abou ; twenty-five to thirty minutes, sir.
And tur.iny the time that sh e was dictating the
' f ' mr-o, din she : tor and isk whe t ’n6 r* or not vou were taking it?
> ? A W o , sir, she didr.'t .
23 Q Did she stop and i d 1 --ate whether or not she was
• 4 travel !, nr. at a r e a s o n a b l e s p e e i or no ; ?
A No, sir, she didn't.
H ’tici
c
THE COURT: Was she? Were you getting it?
i
T H E WITNESS: Yes, I was.
THF, COURT: 3 n other words, she was talking at.
such a rate that you could take it down with the skill
it
7
R
th it you had developed?
Til E W I T N H 0 0 : Y e s , ? 1 r .
B\ U R . M O O R E :
And what was your need in taking slorthand?
1 i I
13
S4
13
16
17
'
18
I R
i
l o i
2 1 i
7 ’ i
A. 120 words ner minute.
MP. MOORS: Would you mark these, d tease, Mr. Cl ere?
THE CLERK Yes, sir. For identification,
Plaintiff’s Ex}iblt No. 3 , copy of letter from Miss
Mickle Hearne, no address indicated.
MR. GREGORY: May I see that?
3 I
BY MR. MOORE:
1
Miss Colbert, I show vou, for the purposes of
ide itification only, Plaintiff's Exhibit P-3 and ask you
whether or not you can recognize this exhibit as being the
m e m ■> from which Miss Hearne dictated the letter to you on
See ;ember 1.4, 1Q6 ^?
a N o , sir. t is not.
Q Can y o u t i l us in vhat way it is different from
tha m e m o that y o u ecall having been dictated to you on that
‘••"'no that she r e a d to me was in booklet form.
b ** ' *
23
v /
0 Did .It anrcar to b • typewritten or printed?
/■ Tr, r-eenic'd to be f'” .
Tbit CI.ENK : For :I dent if.! cation, Plaintiff’s Exhibit
No. *4 . c o p v of pie -:> from Miss Mickle Hearne, no address
indicated.
’" C •
C a n v o n t o l l
b e e n a :a 1
be me. u> . rc n -rh
whether or not the exhibit
an P 3 ai r.i i f f ’s E x h i b i t N o . 3 i s , i n
ilerne dictated to you the
.o r o n t n o rhite i n c ;
J O
W i 3 1 y o u a t a i ■ r not vou have ever had
veal posse- r..io: or no vtrol of the memo that Miss Hearne
at e d f r o m o n S- n t r e .9 5?
N o . s i r , i cia
A n d i t i n v o u that that is not tar. memo.
: t c o r r e c t ‘
r C 3 ‘ 1; 'is
i. snov: vc v ic a n ’•pose- o f i d e n t if:, cat! i
a s k v o u w h e t h e r o r n o t
■nly ,
1U
t h a t ;H { Ci ' i t t r a n : '-riot-ion of what v;n.- dic-
,o y o u .
No it i .
T i j- C : r, : I c o n f u s e d . W h a t a r e a l l
1
r
♦ L r.-e exhi hits th
2 VP ,,rorpK; .
3 ha J requested r
4 an i another exnlh
. ; • ̂1 V : j
that tnis place -
( Jilr, ■. csH’T
•v̂v <1 . , . ", p j £
■y HR. MOORF:
' V.' THE COURT:
; v vf ̂ r‘00 RE:
12 0 Nov;, what a
11 of the memo that.
i
i 4 • A ’ Tore the n;
i !j * ••• *• receptacle.
! 6 1 Q You put It is
17 ! A Vpc * ~J ° : •
18 THE COURT: (
1' aft er you ha--’ t »kr
20 i { TIE Wl s.JEC :
TIE C Tf^T:
a s ■ y )u to read Us
n
hi)T r ’ ‘ ■ i *'7* O f*
>
c o e , she used tr
2 ) •\ > ; 1 - -) ‘4 • c r e a d h a c k t
2 H
You'* H o n o r , these are exhibits t h a t we
e h p u r p o r t s t o b e t h e o-ies
cny-fnrr t h e s e a r e t h e o n e s H i s s
s a v ’n g t h e y a r e n o t ?
Y e s , sir.
you
1 In t h e r e c e p t a c l e a t t o e H - K C o r n . ?
ril-j y o u r e a d y o u r n o t e s b a c k t o h e r
"r' y o u t o o k t h e s h o r t h a n d , d i d s h e
t a e c o p y t h a t m e h a d r e a d
» i <7
a.
25
m * » r '
i l~. C O U R T : She compared —
*n • ' • / ■VITNI 3S : T h e two.
■ i ' l l ' - . c o u r t : I didr ' + vnew ?t was hat standar d . I s
3 • r * thand that standard?
THE WITNESS: Hot that I know of.
T H E COURT A" I understood it , e erybody had tneir
M-
, ") 1 •< j •’ *
; TUTUS: I n " O ' - cases you d read back.
y* u 3 d net r e a d hack to Miss Hearne , i s that
ui’rect ?
A Mo, sir, I divi not.
0 Did you nreoare any other documen1s with the short-
Uid note s that, you had taken?
A *7
y sir.
Q
, o
Did you attempt to transcribe the by typing them
A That ir the wav I transcribed the- , sir.
3 You typed them up?
THE c o u r t : Oi, I get it now.
p v m t . M O I R E :
A
Q
A
Wh°rp did you type them up?
In the outer -fflce where the othr r emoloyees work
And d i d :Y e y r r o v l d p v n u w1 ̂ h a t' oewrit er?
Ye; , they d i d .
f )
J
i
1
t a r
5 ■ Q h o V.
6 I a A b o
7 ;
A n d
* i n o no? b o w m n
I t h f .
’ wnj < ’ nr order?
■<ny sheets of paper lid she gi^e you?
About five or six.
A n d how many starts did you make in typing up the
ow many times did you have to start
i. X "avv ■ 'rn,v-Tf1 O • O n c e . J u s t o l e e . /
l l ,• < y m h _ M O O R E : \
n 0 And h o w m a n y pages did vour tvned transcrintion of
14 w h a t r> h e diet; ted run?
15 A A p a g e a n d a h a l f .
16 Q And how long did it take you to type up your notes?
. - A Ab'-ut f i f t e e n o r twenty minutes.
18 3 A n d w h a t d i d y o u d o with them after you h a d typed
«o O
20 A T a s k e d the young 1; d y who was seated next to nte
2 t to goi in and tell v's.s Hearne that I had finished.
7 7 0 T h a t y o u h a d finished?
7 t, A Y e s .
24 • o W h a t h a r n o n e c a f t e r t h a t ?
7 A T h e y o u n g l a d v who lad received me that morning
c
O a
77
1
J 1 O'lt :,nd took the transc”iotion in to Miss Hearne.
2 A n d a: .1 /ou see Miss Hearne again?
A Yes .
4 1 Q And how much time raised arter you pave the young
i-x !
|
. . . .. r. ran he riot Ion and the time you saw Miss Hearne?
^ i .A About five mirutes.
' • ' ■ ' er? did you r ’ 1 ' ~ Hearne?
. o f^ice.
u And was there any discussion betweer you and ’Miss
i° Hearne ?it that time?
I]
.
A No , no .
12 '
Did Miss Heai le say anything to you at that tine?
13
’.
A No, not is I remember.
• i 0 Did you ;ake one other tests?
1 s A Yes, i did.
16 0 And was then any discussion with you and Miss
17 Hearne about taking othar tests after you completed the
16 ■ranrcr lotion?
19 Ai Yes , there w-s.
l i ' 1 0 What was that discussion?
1 1
1
AI She sail that there was an IQ test if T wanted to
~y ? take it ?nd another test whicl the c unoany required that
“> 1 ever ’ er.oto.yee- oass before the v were hired.
!
24 Qi
And did she then gi- e you a test that you recog-
’ rize 1 as being an I Q test?
51 CL
! | A Y‘*s sir.
2 I r.vy D o jou know
j A T h e is IQ
4 | 0 Had you ever
s : \ Yes , T had.
1
6 i
) And wren ha-
7 i that type?
s A 2m 1- >»- i •:> p y ( i f*
O THI* ' EK<:
10 Administering f’e:
n Colbert.
i 7 L»Y MR. w OCRK:— ,u
13 Q Miss Colber
14
■tificatior, Plaint!Cf
15 or not .yen recognize
H> "esf;.
vo: . 1 d .
1 8 And is ti at
19
j
A Yes, it is.
20 Q Is the test
Z i • 5 -
f ̂ p o ry. p C' t ̂ £
> >
1
r 1 >/en on Septemb°r 14
■> - A Yes. it was
o New, prior tc talc in ; the test, what instructions,
1 !’ any, d l a h i s s H e a r n ? r i v e y o u ?
y __ _ __
1
2
3
. t
N o n e w h a t s o e v e r except that the Otis 13 Battery
:as a t i m e test of thirt- minutes.
ft r> i'j ♦ 1 e n 0 i a y a u r r.f o a o r| +- p\ p lv /o» V> 0
' % - d i d .
A n . as a hat. i n her o f f i c e V
N r . a r , ’ t wasn1r .
.•/Uer>- dir. yo u take t i e test?
T t w a s d o w n a long h allway to a room n the left8 j a
y i ha:j > S '5 1 o
|
10 j Q Was t h e r e any difference in the eondi ions in that
11 j r o o m and the room where you ha I filled out your application
i ’ v> S'lss ilogrpo 1 office?
I
13 j A There were no person lei in the room w th me as
14 ther»o were before, bit the doo • was left ajar j.st like in
15 the offi ce where I t ■>ok the test.
16 Q And did vo j complete the test in 1 hat room?
17 A Yes , sir » I did.
18 Q And did JO j complete it in' thirty minutes or less
1 9 ■ ban thi rty minute ■' ?
•*o A Less tha. -hirty minutes •
Q Did you V p ■>w how long it. took vou so complete the
f o - t e> ~
•
/ Anywhere r»L ’orn fi fteen to twenty mi iuter.
c Fi fteen to twenty ?
“ f Yes.
* )n r> a
2
3
1
12
13
i-f
1 5
16
i 7
18
1 9
20
_________________ ________________________________________________________________5 0
VO.n . O i you io w i t h t h e t e s t - - .-.trike t h a t . Th<
f:'tis 3elf-Adm-'.rr: s t e r i n g T e s t o f M e n t a l A b i l t v t h a t y o u too',
o n S e p t e m b e r i U , l :) f t , ear y o u sfcat e w h e t h e • o r n o t y o u
j'keu Oi cribi...Led on v o t r u«.*,t?
A N o , s i r .
t ’ ' * u nake any f i •• r r 1 ng o r any a d d i t i o n s or s u b -
fa c e or tr< • a I t s e l f ?
A N o , s 1 r , I J 3. t: r o t .
0 D i d y o u w r i t e a r y t h i n g o n t h e t e s t i t s e l f o t h e r
t h a n y o u r n a m e , otl e r b i o g r a p h i c a l d a t a a n d t h e a n s w e r s ?
A M o , s i r , J d i u r o t .
j When you cotrip lei e d the t e s t , d i d y o u r e t u r n to M i s s
H e a r n e ?
A S h e c a m e t o g e t t h e t e s t . I d i d r e t u r n t o h e r
o f f i c e , y e s , s i r .
A n d w a s t h e r e at y d i s c u s s i o n b e t w e e n you a n d ^isr.
I’e a r n e a t t h a t t i m e a b o u t t h e O t i s S e l f - A d m i n i s t e r i n g T e s t ?
A N o , t h e r e w a s n ' t .
D i d she a t t h a t p o i n t g i v e y o u a n o t h e r t e s t t o
t 0 ] ' 0 ?
> *. _ t A Y e s , s e e iid .
'j 7 0 D o y o u r e m e m b e r t h e n a m e o f t h a t
23 A No, sir, I d o n ’t .
2 \
0 W a s i t a m u l t i p l e c h o i c e t e s t ?
2 =, A Y e s , it v n s .
5"4 c<_
31
1 0 Does t h e w o r d 1 6 P. P. v
2 .
ri ‘ \ ■ I. an<- ■f t o e t e s t ?
6 y - ~ . d r , 1 1 d o e s
+ •V A • - • o d M i s s \ e a . t r.f- mi v p
s ' your t a k i n g the a e s t ?
6 A Y e s , s i r , s h e d1 i.
7 r\ A n n io y o u r e m e m ier w h a t
« A 3h •• a i d -;h1s t e s t w a s a
- r-insnv D n re v;as n o ti "»*■* 1 ini
L yj
l 1 Q T h e n , d i d v o u p r o c e e d t o
12
!
a l i t y te s t ?
1 3
r>
i \ Y e s , s i r , I d i d .
vour recollection
14
1 S
16
17
1«
19
7,0
Do you know how many parts there are to the test,
how many questions?
A Mo, sir, I d o n ' t . I think It was between -- it was
n booklet form, maybe three or four cases.
D I s 1 1 m u l t i o I e c h - l e e ?
A Basically, yes, s r.
Do you remember t -e kinds of things It asked you,
ar. example of things on the test?
A Yes, I do.
Q Would vou te 1 us, giva us an example, please?
A W o u l d y o u rm her go to church, to a dance, o r go to
J u .
3<-
{
q ..nd v a havo to select one of e •
r. r : • t ’ r ; r I r . h i .
j i.d .. dr??: .rid y o u ans or f J trial;
\jr lJ
Q Did you d o any ocr:;.t hling or writing on the face
j f? t. 0 -T 7
/• No, V l r, I <.itj n o t •
D i d y o u f o l l o w t h e i n s t r u c t ! >ns that were g i v e n
Ilea tc ?
fi
, L d d .
B o w .! o n r d i d i t tr ye vo i to complete the test?
/ N o t very Ion: . ■ v m s vo: v in .cresting test.
0 When y o u s a y i t t<•,ok you sot: e time, can you tel*■ I
r iuch -?,. 0 ̂-V •
i1
A/i M a y b e t w e n t y or* t\.;t nty-five minutes or somethin
o' A n d t. vc'.:' uidv’i 1r;dpc, v/hat'time of day wav it
P j r j \; h e d \ i. .1' ■ . }■'. V
A It. in - h e a f t nj-nnoi , sir.
0 A b o u t v/hr.•. t i n e ?
A A r o u r v l t :v>0 9 - 1 t • . n or four.
}i-tCi V c"i r u n e our. f o r lunch inbetween?
N o , I d i d n ' t .
V;Vrn y o u 1’i n i s h e ! t h e tost did you g i v e it h a c k
;.'i s s H e a r n ? ?
j
u »
•hr i
33
1
2
0 A n d w n 3 t v-', r-* r* 6* n n y further discussion between you
. ! <7 «- 'liNqf'nf' si r. iU t t • e t ° s t .
, whe^e wa? , sir
v n u rer emi
, ; b .
,r, ]! seus. 1 on was?
I
!0 |1
.1 i
I
“ I
13 i
14
15
16
17
i o
19
hn
Q W h e t w a s It?
A 5,fie had n her hand the Otis XQ Battery Test and
tMP one that I had just taken. She danced through the last
one that I had taken ano said that she saw no reason that I
..wouldn't get the .] nh because the test seemed s itisfactory
to her even though a psychologist erraded their ,ests and that
she would be in to ch with me in a few days
o And this was the last discussion you had wits Idss
Hearne?
2 5
A Yes, it was.
0 Now, after this discussion, what did you do, if
anything?
A 1 left the building.
0 About what tine of day was it then?
A It ras late in. the afternoon. The buses had stopped
running in th t area.
q And how did ynu get from the plant to the bus
a t.OP?
A gentle an who was employed by the company picked
me up before I wn.l ed around the circle and took me to the
i
I k
St'
> o! ■'h-r- was the nearest bus stop, if you remen her?
3 i you got to tK« end of the circle, but the
i h runnirg, . oh'iK, tne nearest bus stop was
c i, ■ Vi :: *'• ■■ 1 •J,crnt blrckr- iron where he had put me out at.
6 ! J" knot of; of Peacnoree Hoad, do y )u remember?
7 A Yes, sir, T chink It is off of Peac itree Road, to
8 the right •
9 ?
■
Was there any discus ;1on between you and Miss
10 ck to find out whether or not you rot
.
i t ... * , • ,
12 A She stated t! at she would call me after I finished
13 tno tests •
14 o She did?
15 *A Yes, sir.
16 Q And did she call you?
17 A No, sir, she did not.
18 I
fr\w Did y o u c a 11 h e r ?
19 ! 1, Yes, t did.
! i ̂
••••-.•'n did you can. ,;er;
2 ! A I called her September 1 7 , 1 9 6 6 .
22 | 0 Ana was that number lsted in the ad?
i
2 3 A Yes, it was.
-* . i
-2 • r
q What t 4 me of lay was it?
> ~ r
j \ It was i n the morn inf
m c>
o
<
1
35
3
4
5
t>
1
H
o
10
11
\ Z
13
14
15
16
17
18
19
20
31 |
~> 7 5 I
Q ’
11 e a rn e ?
And cl.1 cl you speak to Miss Hearne?
v ~s, T did.
And what was the conversation between you and Miss
A T t r her my nan- and that I was the young lady
who had come Into her office to apply for the jab, and that
i was eali’mr ca asc I had r.-t heard from her ;o find out
the results of my test.
Am? w! at did she . a., in response to w lat you said?
A She said that T had failed to meet the intellectual
requirements for eroloyment a; H-K Corn.
Q Pid she 1 lent; fy what those requirements were?
A No, eir, ;he rid no .
Q Was -hat d - complete conversation between you and
Mica. Hearne?
^ Yes, sir, other than I asked her what parts the
test had , failed, :ould she please give me the score of the
test . Che said no, that the i iformation was in the hands of
>,ee psyche legist and ne had or, .y sent her a letter to tell
her the results of ry tests.
■md after that did y 'U make a complaint with the
Equal Smpl n-ment Opportunity C mmission?
A les, T I’d.
0 And that wis cn Sent mber 25, 1P66?
, sir.w a ;
36
' t lanta office?
-» i
- !
t was.
s VOur , or.r based art race or seme other
•■ sir.
q A nr} v;hat. was your purpose in making the comp i • 4 r. ,
based on race wits the Commission?
was. or h e o r a l i n t e r v i e w t h a t I had wi U : * * o
h a t t e r i ' - S of to that had been admit is-
10
1 i
e d t o m e .
I
12 i
.3 |
I
14
15
16
3 7
? o
Id
70 ,
j
21 I
2; I »
fu3 I
:
4 !
0 You felt t h a t those were evidence of racial Ms-
e r m i n a t i o n a g a i n s t y o u , is that correct?
A Yes, sir, I did.
"/pp MOOPF: Ynur Honor, I think it is admit' ed by
the pleadings that ther® was a complaint filed.
THE COURT: Jurisdi ct ional.
MR. GREGORY: 17e don't question "he iurisui tier,
neither d o w e question that the notice war. sent • o the
y o u n g lady ard th e, s u i t was filed at the proner time.
MP. moot E : I won't bother to out in the ft " then
Youv> Honor, ? c t h i s p o i it, we would like o gc 1 • to a
different asr ?ct c f the case relating to -er par work
nistory inn c Laim ''or d ifferential wapes.
ay w p . MOORE:
0 is. Col ■•'■rt . I wa t to direct your .tter.tion to
/■ P jX
J
37
2 |
i
2 I
K} . ' - f i ^ r l o d a f t p r . S o n ^ p ^ h p r . 1 ii t ' C C j i°-r "e' ;DeT -4> , and ask \ ou to tell us
• •'••• : -*•. t h a t t i m e .
’ 1 wasn’t except for a part time position
5 ! t M
' £* ^ t V * l v " - ■* * , . a. . , ,-o ane-th.irty to two-
~v
8
9
10
11 i
!■* i< <.■ |
!
I
' 3 I
I
14
15
16
1 7
he rrorri n ~ r I u s e d to look for jobs,
at v;ere you r̂ ' • at t.po Varsit* ?
A h e r w . o n rifty-four and fifty-six dollars a week
a f t e r deduct 1 o> s .
And iid you make tips at the Varsity?
A No, sir, I did not.
n How nany weeks did you work at tho Varsity during
to period f r o , oeptonber i., , ,„66> through and to Include
December 3 1st, ± 9 6 6 ?
âv 3 asIc 4 Question please? I was employed while
1 was in school at Massey, too.
Q We are not interested lr that period. We are only
interested in The period after Sepsember 14, 1966.
eks In S-ntember and during the
wen^ to Capitol City. I worked
1 8 A F o r ? b o u t t w o
1 9 p e r i o d r f D e c e r h e r 1 s t ,
2 0 t w o w e e k a i n S e p t e m e r a
21 j
i
C a r l , t o 1 C i t y C l u b a d wo
i
■j > :
~~ |
n
Y- S e p t e n b o r t o F
i
2 5 '| A Y 5s - 4 y%9 .■» -i r .
2 4 !
t . ) A i d V) ) IJ* rr- -
2 S A y, >o n T* * .L
(f 1 a
38.
5 ■ 0 Arid how much did you make ?
- A salary wa s tv/entv-f our dol la’s a veek .
D A r. 1 -' >’»> ni!;ch lid n h nr ?
- *. p f i r s t mo 1 • ?rip . . .one 'm ndr*f i some
5 Wars, rna vne a rundre 1 ano r on do 1.lars .
to o For the whole month?
7 A Th e whole mor th.
1 a I
i i
To; he lAth of September up to the end of
.'v p ^ p r » 9
r .
TI!h COUR Witt just a minute. [ assume that par
of September he w is at the Varsity. Was there any
nerlod at the Varsity after September LJ4 or 15?
rH;p WTTN1SS: ho, sir, not after September, no, sir
BY MR. MOORE:
16 0 You didn t wc '•k at the Varsity after September 1A ,
,7 1966, diiring the r rm a 1 r ier of that y ?ar?
18 A No, s1 r , T d 3 In ’t .
19 Q You only worl ed at the Cap tol City Club?
20 A Hi got, s r .
' ! 0 When aid y o u start?
22 A Tne f j r» s o f the third wee of September, I guess.
23 Q And your pay ■•here was twenty- four dollars a week?
24 A Before d duct ons .
•> Q Plus tip •v
n
0 a
4 A V ‘ 1. P
O : ) G ! '
; : v ou w nk ..u ..Ayr It'o.i City Club during
7 V o > 1 - . I d : d .
Q And (H(i /cu work t.hpff for the four weeks?
l'; A Ye: , Y r , I d El .
1C 0 And how "inch (Id you rfake In tips?
11 A Abou t two Elin red and ten collars.
1.1 0 And we ne vou • till being; p? Id twenty-four dollars
n a week?
1 1 A Yes. -l*", I was .
i. > An ! I'd you work * re : . ’ '.vcT.ber :.f IpCEV
16 A Yes , T did.
17 Q And wero you still being pr id twenty-four dollars
18 a w e e k ?
19 A Yes , sin.
20 0 How 'filch did you make in tins?
A ~W''> huti ired , rifty- "'cur dollars and twelve cents.
!■> > ’IP- ! nnr- . Who on »arth tipped you twelve cents?
i HIE .HTMESo ; You v uld be surprised.
i BY MH. :X
J
o
* - t
Z •
o T T 1 v - c ; * l i ) 0 Co U ert , did you continue at the Capitol Cit
sn
p 3 C L
40
ii’-t In Decerr.oc, 1 9r>6, or did you sro un to Rhode Island
/ n
! /'--I .!'r.od'- fnl a m 1 ;ok ins: for a job,
0 How many weeks did you work at the Capitol City
Cluh during September*, Tl'rf?
<■> A Two \a/ A' o 0 •
n '•Jp-np * hoso t.hf fir^t or the last two?
'' t. The ‘ C* two vweks in 'he month.
0 P T‘ f* VOU on id twenty-four dollars a week?
y '■*A V ' A V O C* T was.
i 'c*. Ar.v'; h. W uon did you make in tips?
12 A One hue i’ e i collars.
13 (-) And did ou ro to Providence, Rhode Island
1-4 0ecembep; in Af' A ’ * • •'
n
15 A ' Yes \ ! 1 1.
t *- ‘•V- 'X
.
’os Or curpose 'n sol or there 'ooki nr fo
. A.;, -V. V - -
3 1 r1 / v\ • x V- O
18 0 f JVs o - ■*.id \r 8 v- Of WOrk?
W A
• •
Sec: e t a r al work, sir.
20 0 Di d you •eturn to At lanta?
21 A Yes, s 1 r . r d i d .
> •> Q V/her d i d vuu return to Atlanta?
„ , A J r nr f> r » vcy R . W ' ; ? .
’HE COURT: h.tcuse me. How lone; did you sta" in
■ i *r»ner
a .
%
41
f.....
1 I r,HE WITNESS: From December 2:5th in until tnnuary
2 I v. _ in-' ^
$ j rr»T» r ' n " T | C 'p • /i 1 -*- * — ’ • *- v 1 ^ C* ^ ^ V ' ' l ‘ W C T* *> t V10
i
i
4 ! f'' T~ I "1 Ti*-y Tub ip nr t ' ’ '"hrietmas?
5 THE WITN USE : No .
(■» v ?/n . MOORE:
7 ! 0 T 7 h i'r yoi d o ̂ ' rri ̂p Pp ^r?
s ! 1 A Up unti1 ray two weeks before Christmas —
y j THE COURT: Iu otter words, you worked about half
o ’—'r.tV?
s 1 r":H S WITNESS: Two weeks of December.
12 UiF COURT: Two weeks. Okay. Tjos i un about the
13 samel
14 t h e WITNESS: Sometimes they were ba elv, barely,
1 5 -- 1n Decembe 11 wasn ’t th.it much, maybe slxt.'-five dollars
1 o ! r ) V two weeks
i ( ii
} T t P T •v •' j . i • . 1 r r/rit . Then you qui^ at Capitol
18 M tv Clut . I ore si me?
1 V THE WITNESS: Yes sir, I did.
20 THE COURT: nd y >u did nothin?: for ? bout ten days?
2 f THE‘ WITNESS: Exc int for look for jobs in the
*> J lorri n,es; 1 nt orvi<ws.
2 3
! hujt7 COW FT: kav, then on Christmas you went to
1 'r'v don< 0 V
mp’? WITNESS: t Cbp^ t.nn.s . I 'tF'̂ Ivcd
1-5 j .
t. fa
42
1 i 1 Provl dence on Ohr1stmas Day.
2 -HE 10UR I’: And staved until January what?
ij 'PIT IT w fTN'cr.r; 5th, ISO?.
4 | THE CO UR"1: Did you have s me friends uo there or
5 somethin g?
6 THE WITNESS There was a gentleman uo there who
r? was a fr lend 0 “ t-he family. He lived her ■ and he had
o w r 1 l t e n m.v nun ; 'nt told me there was -ome good rnpor-
(} tunitics •
— T7 rnijPT • Sc you a' ", . <j 11h h I"> while you
ii looked?
12 THhi_ WITNESS: I stayed with him w ile I looked for
13 a job.
«4 THE COURT: I wondered why anybody would nick out
15 Provlience, Rhode Island.
f 6 t h e VTTNESS: It was cc d uo there, 3lr.
17 i THL X)URT: I wouldn't nick it out myself.
is i THE WITNESS: I wouldn't either.
1 4 j BY wp MOORE:
-■*
i 0 You returns-1 to Atlanta in January, LQ6 7 , and did
2 i ! Work ? *. the Varsity on Peachtree 'Street?
•> “> | A lo, *1r , on North Avenue.
}? 1 r
' | Q 'n North Avenue?
1 A go ,
1
0 on did work ' ~ *; *-s« V- r»<-! * +- -• n
> - t e ' X
43
~ •• t r ,<4 ~t ' ■» - * ‘ •
*■■•.! h o w lone did vnu work there?
■ *■ ♦ -ie > : ■ 1 y o n ; Prov f < i f - n i ! f ‘ n o until
■ to./eh hy : _st 1 1 i maintained ' \c .job
r t h £ : rsj t.y for about, another month .
SCLC, what toes that stand for?
A Southern Christian Leadership Con''erei ce.
Q And did you go to work tuere in Arr 11 1967?
A March list, 10A7 .
q And what was your Jot- v/ith the Southern Christian
••id 'l-/. ip JonTerence?
A 1 was secretary to Reverend F . C. Ber nett , who was
In <01 ra S ^ ' ithe^n D 1 rector of o p r . ration Breadbasket .
And was that a Civil Rights organization healed by
r. Martin Lu',her King at that tirre?
A Yes sir.
0 And did you work at the Southern Christian Leader-
hip Conference for the remainder of the year 1967
A y° 5 sir, I <11J .
0 And you statu a earlier that you worked at the
arsity for a r>e"l od witle 'fou we employed af thf Southern
hristian Lea iershin C' nfer ‘nee?
A Yes, sir, I rid.
0 How many weeks dl l you work at t ie V: rsity?
THS f OTIHT: Ve' 1, wouldn't the oily t erti nentwouldn't the oily lertinent
I
‘> !
10
___________ ________________________ M
r , i he January pt h to March 31st? Then she said she
,n frr a couple of weeks after she went ove- o
. !'»0 F<h: ! wlUiuraw that question.
Ti-jp eoupr; x asr.v.rcrt ’■hat was fifty-four hollars
^ ' x do 11a *s .
1 EpK: Mur . ‘ ’fixation, Plaintiff's Exhibit
No . 6 , three (op If s at’ W-? forms of Margie Delor es
Colbert.
,Y MR. MOORE:
0v' Mi 3 r Col ert , I show you Plaintiff's Exhibit No. 6
1
• nd ask you t J oo at It and see if you recognise your wage
13 statenen t a , .7 Li P . 7 2 forms for the year 1967 at the Varsity
14 and the Southc rn C ristlan Leadership Conference?
15 A Yes sir I on.
i6 Q Did you aarlc at <• ny other places other than the
i *7 Varsity and Southc ’n Clristian Leadership during 1967?
18 A No, -T r’ I d dn't .
W O ap p c i t •now your gross $3^7.93?
20
■
A YoS . >7 ? > , i t does .
2 t 0 An i a* t '.o Southern Christian Leader: hip Conference
■-a r ->/] ■ .... it 7
7 \ A Yes . c * * V , it does.
TH E cour : I :n>r much did vou make at SCLC?
V.’TTN INS: A hundred and twenty-nine collars and
n
THE
______________________ ______________________________________________ 1
4 r • ■ • • \ ♦ - •
r) • • :
H y ?
n '
R a 1 d e v e r y t w c.. w oe.tr ?
Thr. COURT: A hundred and twenty-nine dollars and
four cento, for eacv’ fourteen days?
THE WITNESS: Right.
MOOR Li:
0 ■"iss Colbert, was your joh at the So it hern Christian
* n cl ̂ s h i1 one of a secretarial, reneral secretary?
f- Yes, sir, I was.
o Did you continue your employment at the Southern
Ohr1s t i an Leadership during the year 1 9 6 8?
A
Q
Yes, sir, I did.
Did vou work any other places other than the
southern
A
Christian Leadership during that year?
No, sir, I didn't.
0 does the wage statement that is or the bottom of
aintiff*s Exaihi 6 s m w the payment of your gross wages?
A Yes, a t_r it does.
Pi It wis ,75C.cS, less deductions?
A Yes, sir.
M s s soil erf , did you conti m e your employment at
nern Chris -tan mad »rship Conference as a secretary
3
*■>C.
3
4
5
6
/
8
10
3 1
12
13
14
1 5
ta
17
19
2 0
2 I
7
?, i
46
r'ough ’Apr! I 7 6h. i O6 q•
*' l l y' ^ uhut, because . received a pro-
̂ -n assistant office manager,
there on increase in your salary?
'- f -1r’ ■ r it is why th° 1968 sta ;emert shows
•t -1 ' , 7 r; 0 % f ) P
Wh°n were you promoted to office rr mag' r?
T v Tr'- mary o f 6 3 .
rp! ‘ r" ' ’ • r»rp . * ri j ,.. • •'*' rit ls teat? About ninety dollars a
week or something .like that?
THE WITNESS: A little better than that, a hundred
and fifty->ight dollars, -,wenty-seven cents every two
weeks.
THE COURT: Cross?
THE WITNESS: Yes, sir.
BY___MR .__M00RE :
0. What were your duties as office manager?
j ourr,vised office personnel, I received visitors, 1
made and went through insurance premiums and clairs, I assistec
Or. King when he needed nelr in his research work and in
typing.
How many Duoole did you supervise i i your office?
j A There were thirty people at 1 he time I vas assistant
; office manager.
Q And were •' >u t asst -tant office manager or the
f~! f\
I - J (X*
1
2
3
4
a
v>
10
11
12
13
.4
1 3
’ s
17
18
14
20
2 1
•> 7
y .»
2=>
po mn.nnf7*°V
A I ins the assistant office manager.
0 Did you have any otler assistant?
A Yes, sir, I did.
Q How many assistants did you have?
_______________________________________________47
A nPr̂r
f -iPK: For 1 J?> t.1 fl-atior., Plaintiff’s Exhibit
do. 7, memorandum to who i It may concern, signed Elaine
Gregory. Plaintiff’s Exhibit No. 8 , memorandum to whom
it may concern, signed James Harrison, Southern Christia:
Leadership Conference.
I
BY MR. MOORE:
Q Miss Colbert, I show you Plaintiff’s Exhibit No. 8
mv: ask you whetner or not this is a summary of y o u ’ wages
at the.Southern Christian Leadership Conference during the
year 196 n nail by the Comptroller?
i
i
j
Ii
A Yes, sir, it is.
0 mri v.̂ hat does It show your gross wage; to have been'
A 1,19 -’i. 1c •
Q And that was o r toe period of January the 1st through
Itne 1st, loh«?
i
A No, • ir1, res' .lv Air 11 IP, 1969.
•id \ou leav* the Southern Christian leadership
Lon i'erence ir-. ; ne year ]. :
A ■ Yes, sir, 1 eld.
7io-
And what w in your reason for leaving there?
They r.eede 1 to decrease the staff personnel and I
?d the feelln' of security, so I then sought a .job at
■’ederat 1 on o f Southern Cooperat. 1 ves.
And that Is ar organization in Atlanta?
• , sir, Lt Is.
Q When did yo: start work at the Federation of
ierr; Coooeral 1 vesr.
THE CfUfRT: What Is that?
THE WITNESS: We give technical and financial
assistance to low Income cooperatives in seventeen
states which includes ninety-eight cooperatives.
1. MOORE:
Q And iPn ,000 families?
A That is right.
THE COURT: We LI, I am interested, but I never
heard of that. When you say low income cooperatives,
what do you mean?
THE WITNESS: People with menial inccmes who do not
have money to say, produce handicraft itr ns that you
so*-’ In depart -ent stores down town, peoplf who were once
farmers, who don’t have land. We purchase land for them,
s amly ’"hem with seed and fertilizer so t* ey may grow
the vegetables. They produce them on the mass market
and eell them in order to give that persor or persons an
, r
2
^ I
i|
ii
"» i
I
15
j
i <-> |
17
18
____________________________________________________________________________ ^9
1 tv.-iriF* to nu?to ! n rimself.
'HE conr>T: ! es '•our’ noney come from donations?
'T j\ v ■ J j " 1 ►j ° '■*̂ ̂O r • in-̂ o r > 0 3 T*'̂ f*\ 1T1 (1 **cl
'j.i • t l it r1 >rn<i !.) 5 r* f r* nn\ir$ u i. t.>t t .
THE COU.R''*: T assume some of your money is revolving,
t . . . . . . t|- oa k 5 t ’me.?..
THE TITHES.’: Yes, sir, we make 1 ans to the co-
operv.t 1 vers and tha* is raid hac : to th» Federation to
make loans to other people who leed the money.
THE COI.t r t : Again I am curious. If y<-u m a k e a l o a n
to a cooperative, is the farm o w n e d by the c o o p e r a t i v e
of in it owned by an individual?
'T’u p ’.rr'j’N ’njs • N o , !» 1 o w n e d b y tb.e c o o o e r a t i v e ,
people l i k e you a n d m e w h o a r e m e m b e r s o f t h i s P a r t i c u
l a r c o o p e r a t i v e ; so, i t i s o w n e d b y p e o p l e a n d not
c o n t r o l l e d by o n e p a r t i c u l a r p e r s o n .
THE COURT: Well, I assume that they have a Board
of Directors?
Id
ii
THE WITNESS: Yes, sir, we do.
THE COURT: How are they compensated if they w o r k
on that farm t: iat is owned by tie cooperative?
THF VJTNF IS: They sell the- vegetables, say to
producers or r: irketrus in their particular town, and t h e
money is, in turn, d!stributed. 1 etween t h e members.
THE COURT: How0
1
2
3
4
5
6
'■*
8
tO
1 1
12
13
14
1 3
1 ■. >
17
18
l 4
20
2 l
2 ■
23
S
5
THE WI7NESS: When the man pays.
rni_jy 'UR7: I mean, on what basis, everybody the
,*1 pi
THE WITNESS: Yes, everybody the same,
np. MOORE: Gramarie In southwest Louisiana is a
coonerative tnat orerates on that principle where they
pr< duce tomatoes, potatoes, beans and things of that
sort and they sell then on the mass market. There are
'' - i i , * v> n cooperative.- like Eloridestcs and Laredo and j
they comt- and make li.Lie flowers and things like that
and sell them.
THE COURT: That is real interesting. Do tney ever
have any disagreement about how to divile?
THE WITNESS: No, sir, there hasn't been so far.
THE COURT: Really? Usually one fellow feels like
he works h-'rder th»an t be next one.
THE W.ITNE8U: No, sir.
THE COURT; ]f they were out there growing tomatoes
and one fellow nicked more than the othrr --
THE WTTMESG: I think t. hey are too bus i trying to
find new and better ways to produce the handicraft items
and some of the f; rm items to find new '/ays to produce
t hem.
rntii? oo!jRr’; n j s doesn’t have anvtking to do with
4- ] * r - - . S y~> . i • o foe , do s it?
/ 1 (X . ‘ '
THE V/ITMS; S : Potatoes is soul food, collat’d greens
________ _ _ ______ __________________________________ 51
nrp c* r* n '»•" ’
y i
8 i• I ;
9 Iii
iO |
;
i i i
i17 !
13
14
15
16
17
18
19
20
21
22
23
24
:
* • — * l * . . v - o -L ^ O J.. i s 1 t i i- X V I i .
MP m a 0HE: TP is is separate. They ooerate on
re’ 1 minus r-rl-iciplcs. There neonle ooerate on a co
operative has is.
BY v r . MOORE:
Now, Miss Colbert, I scow you Pla ntl J' f ' s Exhibit
No. 7 and ask you if you recognize this as being a summary
irom the Federation of Southern Cooperative; of your wages
you have earned since April 7, 1967?
A Yes, sir, it is.
Q And the amount is $3,387.66 to da e?
A Yes, sir. It. is.
Q What is your job at the Federation?
A I am secretary to Mr. William Farmer who is our
research director, William J. Farmer. In our deoartment we
elan programs for the cooperative, we write up proposals to
the foundations and other organizations who fund our differ
ent programs. Our present program is the Southern Cooperative
Development Rank, Development Fund, Inc.
0 And in vour job with the Federation as a secretary
to Mr . Farmer, do y m receive correspondence?
A Yes, I dc .
Q And do yeu meet peop le?
H r -
1 5
V ?
'"'is
V., >
.1 ' 'O
C
O no
c O S .
nr - r
'HE C
S2
jera'--' on 'located here in Atlanta?
. . j »
our honor, wo move admission of
to ho. .7 and i.
\’r ■ ’ '■? 1 r-«'* r ’ on .
.crij :; -‘Vi aence.
C'/hp-reunon, Plaintiff's Exhibits
7 a m were admitted into
•Vi den no . )
os inn any so far, Mr. Clerk? !
3, 4-, 5 and 6 have not', been
no or
■ 1 • • I',r. c p
o. o i i-o aomi t .
he admitted.
re upon, Plaintiff's Exhibit
v-:.- admitted into evidence.)
i, 4 and 5, sir, letters.
n Jl • t t - Vo •* c» 4 * »>■j .; c.it j i ( O vu .! o l.... i
o O < dent t f ’ or t i on.
> . i l l s l O . • -L J. U . . ' V t- 1/ C
very s hiO i’
53
THE COURT: Mos. 6 , 7 a d R are adritted.
(Wher- upon, Plaintiff' - Exhibits
' , 7 :nd 8 were admitted into
< vi der ce . )
THE COURT: Let me ask ; ou a Question. Hoes this
i n o of p !?r?op 10 thnt n.r*s ciis~-MO d a nyt h i ng - c v e
n 1 a c e d h' hrr an Renewal
. 1 TN 7 0 0 ,■iOO . Th *; y
b 1 ac k fo kn wio were wo
v; p r*e r i; f. o f f he 3and .
a If:an ar d a trant from
acquit.-' [ arm Land that
vogetab it s, and t! at wn
and supo; rt t lemse x VP 3 •
COIJR 1: Ve 1 1 ,
If they a rue iown and U
and d i sn need f i f t y fam
with peer l r 1 ko that?
THE W1TNESS: We h
but we don’ - do ary typ
-an ' n a city, -av ir Atlanta,
of.
rpUT? COURT : I r the e any gr oup that oes?
■ • ORE:: I thin I- orwar East, Uri an East 1r,
sunpos^i to do t hat k 1n of* urot'lr in. develr Ding low- rent
housing, 2 2 3 - D Amendeon t-o the Housing A< t. They have
<0
! - X .
'■r '-;" i.1 at, but that is a highly commercial
5 1c really beyond the reach of most
-m.' rriiR-n: ' :_1 1 1 that f'
is the rearon T w; ? inquiring,
about-, whpno t h^v ? re rA< »-<<•* *■ r'
happening at home. This
It 1s always a problem
o , particularly the
rr^ r t r p i t T - * T ) 1 / r m » - - .J.Hh : Per iuent^; i ;ation, Plaintiff's Exhibit!j
Mo. 9, copy of a letter from largie D. Co bert to Mr.
H. B. Whi -.ehurst, dated Seotenber 5 , 1969. Plaintiff's
i
Exhibit N>. If , memorandum fr )m Harold B. Whitehurst to 1
whom it m ay concern, dated Ma / 14, 196 5.
BY MR. MOORE:
0 Miss Colbert, do you tno ‘7 jQ :Mr . Harold B. i/hitehurs!
. A Yes, T do. |
q Wh o .1 s he?
I
A H e w < s 1. n 19 6 6 n r i n c i pal of J. R. E. Lee Hign
chool, V; 11 dwo< d , Fieri i r .
Q In t e year cf I960, did you have any corresnon-
ionce with mr. Wh11 ehurat?
A Yes , I did.
Q I sh- w vc u a vony of tile ie
t i f 1 ed as p ] r> t vt* 'M »S E 'libit \T mi• J C-
' 1P O ** V-. « v, ■--% -VI V-. J ' ° t ̂o i n v ^ ; ; e it ter you sent Mr
/Set
Whi teh arst.
• — ---_- - - . . 55
1 A
j
Y ° S , ’! * j <•
•> i ’ ’ ' ' v' :r r i y n .ur*o"
1 A Vo < ■ > ,> - i . .
\ A*\ An,: *as the purpos • of tnis letter to obtain o copy
5 of your Otis JQ Tost of Went il At lllty?
6 Aj
Yoc; <- -i
1 Q And of /ouo f.ranrc -ipfc of grades while you were a
H 1 student at that scnool?
1
Yes, .1", It was.
i i W, Mow, did you yourself mail this letter to Mr.
11 Wh itehurst ?
12 A Yes, I lid.
3 * Q Did you deposit It In the mail?
14 A No, s I, , I iidn t. I gave it to toe moil clerk.
1 5 Q V/h ere?
16 A At the Federation.
1 7 0 The Federation of Southern Cooperatives?
:
A Yes, sir.
V. And w a s the letter when you last saw it in an enve-
20
- <
1
A Yes, sir-, P was.
1■> 7 Q fer 1t addressed0
’ i ’Hr. C0ItpT : Ma/he '> can save some time. Are vou
J rr \ *■t to c - .1 ect to T h i exhibit'’
i . dOFY: ■. e want the opportunity to auction
- , q <>
l i .v
56
witnesses about the exhibits before we object to them
or not.
r-i;: .... URT: This wl .ness?
MR. MOORE: You are not Insisting on Whitehurst
being here?
MP. GREGORY: Sir?
THE OOURT: You are not insisting on Mr. Whitehurst
being here, who is the addressee?
MP. GREGORY: No, sir, we just want the opportunity
to question this witness on cross-examination about the
exhi bit,
THE COURT: In other words, you don't care about
his proving that it went in due course of mail and all
that stuff.
MR. GREGORY: No, sir.
RY MR. MOORS:
0 Tr response to the 1otter dated S e p t e m b e r 5, 1 9 6 9 ,
O'» mo • ri • \jc. anything from Whitehurst?
A ;•«o , sir, ;; didn't.
0 You did not receive anything from Mr. W h i t e h u r s t ?
A No, sir, had writt en a b o u t t h r e e o r f o u r l e t t e r s
to him and somewhere along the line the l e t t e r s h a d gotten
misplaced because I think the first letter w a s to SCLC a n d
my last result was in telephone conversatlrn with him and I
t up w ‘th a letter.
0 uv
foil owed i
97
Q '.’he letter of September Sth, 1 9 6 9?
Jr; 1 l y ju know v'.ei '• » r or not anything wan ’e-
<•-1 veci i'r m Mr. Whitehurst that has been Identified as
Plaintiff's Exhibit i ). 5 and Plaintiff's Exhibit No. 10,
Otis Self-Administering Test of Mental Ability?
A Yes, sir, a letter was sent to me Special Delivery
<:n the ,7. P. E. Lee letterhead and with the same envelope.
o And M d it ha\e in it the Otis Se _f-Admin 1 s ter in-;
'"cst ̂ Mr r.-nl Abi .1 ty th< t has b sen identified as Plaintiff's
E x h i b i t N . S ?
A Yes. sir, it hac.
Q And did it have -- did it contain Plaintiff's
Exhibit No. If?
A Yes, sir, it did.
Q Which is the tra iscript of your grades at the high
school, is that correct?
A Tt tells about t \e +-e<̂ t scares, but not the ;rans-
c ‘lot wf my grades and th • subjects I took there, no.
Q Ana you received these in he regular course of
m a i l ?
A I received that tlus a cop - of my transcript.
Q All right. Miss Colbert, io you remember what the
salary was fo: the job which you applied for at H-K Corp.?
A Petveen one hundred and on * hundred twenty-five
el lars a wnok.
. m c o p e You may examine, Mr*. Gregory.
0O0
^ C SS-EXAMINATION
BY M R . GREGORY
Q Miss Colt ?rt, you were how old when you applied to
; I—Y Corn.?
A I wa ; eighteer years of age, sir.
Q And /ou lad graduated from high school at what
time?
A J une Pnd. 1Q6i'i.
Q And this was a. high school In Wildwood , Flori da?
A Yes , It was, sir.
Q What grade was that that you graduate i from?
A Twel +'th g*ade, sir.
0 And I'M y >u graduate with vour regula class from
grade?
A Yes , sir, I did.
Q Did you gct a diploma from the high school?
A Yes , sir, I did.
0 Do v >u ha re a copy c f that with you?
!\ It 1 in the truijk at my heme at 97 Hilliard Street
slonr.with that and my certificate. I have a miniature diplo
ma, too, with it.
Q And > our certificate?
& < X
V i. / 59v J
A From J . ’1. . Leo H i rt ;
^ . T ball e voa .■aid
: • • St ur r, ’XC' ‘
i .1.... o.'.OV t aU 1-.L t . ■ L..:
I'hrio is -nr. s i r.
a Did el t1 »> y one o f there teach in the J. R. E. Lee
r* Fno]?
fH Y r r. , e j
r\ VJbi eh r; r , <- >
*,* — ' fp. 1 • Lee:. ‘ f ’i
i;oe" cl' C' ,11 live in Wildwood or Lfesbirf.?
"A • 5) be 11-rr j_ n E»erbr t, , Florida.
o 1 r- e c-. >av I-vno o ’ courre did you take in high
l’o
A ’lath , Ft \ rr ~ 1 1 •*.;>. 1! .; ?h, o e y c m l o ^ y, biology > chemistry,
• • * > phycioa.l •d
THE (' ■. •, -.»n: 1 ,hin! what he.' means was it an aca-
•: n :
v r;; i t: 5 e a 11 e d . •?' .1.1 b eh n ‘liberal art;' course
1 v ?
Yea ,
o a. e ,(• wen 1 while you were r.oir.-; ;c hirh
60
'■ -!o i that you worked for t he funeral h o n e ?
A ves , r* r , it. war>.
W h a t h o u r s d i d y o u a r e n a a t t h e f i n e r a l h o m e ?
A i n the a f t e r n o o n s f r o m a b o u t f i v e o r f i v e - t h i r t y
•'vc or c j at nl *ht and ;n Saturday a I worked eight
a^c) " ?•« eA a vou V 1 r*f t * Arro irv dictation thsrc
i
because you hadn't had r.horthand at t h a t time, h a d y o u ?
A That 5p rlght. air.
0 Co, was your typing w o r k copy w o r k p r i n c i p a l l y ?
A Mo, sir, it w a s n ’t. S o m e o f i t 1 hac t o c o m p o s e ,
o Yr.ii c o m p o s e d it y o u r s e l f ?
A Some of it, some of i t wai c o p y w o r k .
0 And how much of v c u r t i n e d i d y o u s p e n d i n t y p i n g
~r.d 'tK m u c h a s a r e c e p t i o n i s t i n a n s w e r i n g t h e p h o n e ?
A *>!osi of my time w a s s p e n t i n t y o i n g a n d b e t w e e n t h e
intervals t h e phone r a n g , I a n s w e r e d i t a n l I w o u l d g o back
to - t y p i n g .
Q Can you tell me why on y o u r a p p l c a t o n f o r e m p l o y
ment xvhich has been identified a s E x h i b i t 5- 2 n e x p l a i n i n g
in. detail your training -.r experience y o u aid "I worked
for one year and two summers as a r< c e p t i o list for Dabney
funeral H o m o t eesburg, PI nr*-" da." ’on didn’t a v anything
about y~ur typing when you knew you w o r n amply ng
at shorthand and typing?
' ) !
) i a
or a j o b
61
i I
'•> ■ ■» rv' •' n r» o
: :;k r.«rhap" because of -he question which says
v--M -"Prate, I have cash register, type-
1 . Oh-' re-, and th1 r. is perhaps why I didn't say.
■1
.
n
\
■ wt , von didn't sov anvtMng about, having had
■ x ■- rinRce an a tynist ir your application, did you?
t) fi No, 1 t: Is not: written here.
n Now, whet- did you come t Atlanta, Miss
o
- h •
. A J jne n, ih6f .
10 . ^ Thl. s >•'as right after yo: graduat'd from high school
1 i nM Yes , si r 1 1 was.
i . And d1 I : ou start in June at Mas ey Business
13 1; 1 « rr*o ?
i \ T { .... -t ■> < Xrte- June 13, 1366.
i OU tar ed on June 13 and you went until what
i
V '• ,
■ -i r ■ V
A
Acti a .ly. September 16, 1 9 6 6, but I finished two
T«7 O ts V 3 ahead of schf dule.
i o 1 ' O So y a f' ni shed ir, August of 1966, at the end of
> i A U £!US t , would toat be correct?
0 So , you
no.nhhs am
r , I went
with a ■: o'
U r '
\ h0 1
’’ f i U f i ' months. T
rt In to talk with a counselor to see whr t job openings
6 2
* - '• • n ■ 'ni I ~ . : r rt to th ' classes that were still
ru~r'solum f >r ne but I had completed theo ' * r
•me
m u o. 'mj" “>y that, you mean you hed reached a
certain sc many words a minute and this 1 yne of thing?
THK WTTNYSh: Yes, sir, I was taking shorthand one
hundred on 1 tv/onty and tvrlnr at sixty, ro I had com
pleted the requirement.
•. GREGORY:
a What tyre of shorthand were you taking?
A g p ,o a1 w r .11 lag..
r* That was not Gregg, was it?
r\ No . 1 4 was not.
0 A oJ haw many hours a day were you going to s
A Pram nine in the nornirp until four or four-
•"> nv.p aftpT'noii!' .
"'her vou were worl 1 n~ at the Varsity at night?
A Yes, sir I went to work at five o'clock at the
varsity. Sonet1 me? I v as 1 te and worked until one-thirty
or two-thirty in the mernin; .
And what did you 4 est when you completed the re
quirement at Masse - wi4h >-e. reet to your shorthand speed?
A V'h .1 as the quest l
0 V'h a’ did you test?
nr>» hundred • nd tv'*»rt v .
;r. .-gain, sir"
/ _
Q 0<
t.
£1
i i
10
11
i Z
1 3
16
17
o.i yru take ? test wber you finished?
sir, I did.
And you rested at what?
"•.•nrrod f/ent • •.•••■ r*d iv-c nini te.
/•no (1iJ ’°u test on your typing: test when vou
at ’asrie.v ’
: 71 xt v w c ds ?• minute .
1 S 1 v t y ?
SI xt.7 WO dr r T * nut* .
* '••••, you say you were influenced to apply to H-K
n°'‘r *. hv this a'! 7'iat trr beer Identified as Exhibit P-] , !.s
:,a>. qorrccl ? -
A Yes. si r .
Th 1 ̂ ;,i oaes rot sa; anything: abo it race at all in
*• ’- CO »-j n3 ̂ H r> o "7 1 f r
A ■. No, sir, t sure doesn’t.
Put, you -aid that the ad that you saw had in addi-
18 t ’ on to i\,Vi a t none
IV A Yes , si
> , q Wha t wa
2. i a •• \ Of* r* hun
O 7
L -
vre r k .
*> - f) You did
A No , s 1 r
0 You sav
vou.
■re was no mention of race in your initial
V 7. (
0 /-P
R
- -a* ' u wi- Mrs H o a ep,f> 7
the’e was not.
And •«.' .*.r; you v, e n t H ippo “si 1t shortly after y ou
.... J-
i h if (r ve ' ' ■v. pi i cat ion which \ r r.
j m o
i , i n f , i f* ̂ o ■s n E x h ■'v ? f r>_ m f»̂ r vo1: to fill out?
V - . * v , •
0 A r 1 T b o '-11 eve that you 'estified that you sat
and filled * i a t .il t oS«4 t# •
A Ye s , sir , I 1 1 .
0 And that is r your handwriting?
Yes, sir , It sure 1t
What joh S die you arply for as shown on that
cat 1 on?
rno" a 1 seerc tary, clerk -1 y o1st.
Q And what j ob were yc u interested in when you went
in answer to that ad?
A The one that was adi erti sed for Ln tie ad.
0 And that was secret: r.v, cor-espoodem e?
A Yes, sir, 1t was.
And i‘d you ask for any othfr job except secretary,
correspondence ?
A Other n?r what was li sted on the anpli cation as
"'•v second cnolce. clerk-typist, if the position had been
filled.
Were von told wheth- r there was a position ftr a
•hat time?•• 1 erk -1vr let ar
" r, l war no- .
i you o-*al ” a / '’h > - a clerk-' ypist
re:i me ri.v : - r *:! choice and noted it on the
) i C H r. 1 ■ f' •
r> I see. Now, on your application It shows your
' v,aduat;o n fror M g L schorl, J . R. E. Lee High School In
̂ n^ t ho°f' pns n-̂ amp ’■'m.timony about your scores of
radre. Can you tell me what your class standing was at tn<
1 1 me y m i graduated?
A Yes, sir.
0 What was it?
A I was number two in a class of twenty-nine, I thin-c
it was, nine firls and t wenty boys .
Q How many students were there in the high school?
A Ma.vbe five or six hundred students.
•«S Was this a re gregatei nigh school at that time?
In other words, was it '■ black school?
ft Yes, s ir.
0 It was an all Wegro school at tha- tine?
A Y r , si
0 Is the school still in existence .r ooeration?
A Mo t * r* f Upf • - <i t , it. school as named i . R E. Lee High
School 1
j
tsel f> called ■/I Id wo dd Middle School because of the
1
7
■rator. ! c*.
Jn the ■ • r.l ant?
t he r an f. ' , ̂ ■'i \r n
d I d V ou
66
K
Q
10
11
u
vor '' Y'
ou
T.ij. C'mJP.; E>nu?p c Was this a or;? through
ve grades, all at thin school?
THE WTTNEE.G: Ye , sir.
I co ldr'‘ figure out the twenty-nine
o— r;‘ of four o five hundred.
THE WITNESS: Y e sir
THE 70'IRT: But, it was twelve grades?
THE VITHESE: Ye , sir, lt was.
13 BY MR. ORE GORY:
14 0 How 11J you, Yiss Colbert , determine your class
15 standi ng? Have you ever seen your high sch >ol records?
16 A Yes, Sir. I have seen my accumulative folder.
1 7 ,) You have seen your folder 9
Aci Yes, sir, I have.
■*a Well, now did you see on your accumu.1 ative folder
10 I !Se scores that appear on Exhibit P-10 over tils signature
:rolh. B. Whitehurst, Principal?
1 e r' ’ sir>’ r did, the summer of '6 ’ when I was
n r ’
I vl.-’tl!
■ ee. oo, you visited Wildwood in tv • summer of
67
1 :
2
4
4 i
I
{
10 |
\ 1 j
12
1 ' I
14
i 5
16
Yes, r,lr, I lid.
fov/, "Y',s Colbert, I boll eve there ha:: b e e n Iden-
• r/). \ y ' ou an i.s Test w*-*ich is dated February 17. 1°6',
..... stater t*— rrceiv-d hat fror.
t h a t V C oe: • : ’ n • h i s s a m e l e t e r f r o m M r .
ieourstY sine le iter wnl oh h»s been lder tified as
No, sir*. Thai was sent -erarate. With this letter
a Xerox c o dv oj the actual courses that T had taken and
equivalent grades c id the units required fo” graduation.
q Do y o u have that Xerox e ipy here?
A *vy a t t o r n e y s h o u l d have it.
m r . M O O R S : I think it i ; attached to the copies
> of Answers to Interrogatories It is the second Answers
"o Interrogatories. Lo o k in .here, Mr. Clerk.
B Y M R . G R E G O R Y :
17 I ■ 0 M i s s Coltert, was thi
!S
<=* n 11 T* G s o nior cl as. at J . R . E .
19 A Yes, sir 11 was.
2 0 J) On tair. : a me date?
2 1 *
Yes , sir, it vi a s .
2 2
.
r*W I s t hat a test given
2 \ hip*h school ci rrieulun?
24 n/i No , s i r . I r und out
*» - ; a chapel prog: a*-, that Mr*. H. D.
Of ,
l o
61
( )
j ir.~ i a.:-' that tent.
, re fore, to ;;our know-
n
h ;tor
but :vt j O I t<0 t"■ ’ i ’ . 0 ? ! V 1 i'O 0 cl O ?*’ at tba; time? \
o u r o
n p -> i r o i r a J 'a meeting end at that time
o 1 ■ r »r-:■ o f t e s t s , a a [ was told
:;er*i.od , r ht. ‘1 -j r y ’ : O r; ? 1 cle ; for or - area
f' \r p • o H > o ' , ar.u.rrll of the l were block,
r ■ j r
neiore ou ■las
it.
COit-.T: It m itht have had something to do with
school 5 n t 'T-at i o a, tie t e ?■• t be i n g made.
n . • pv •
/>• ”H>-* * • • r, n ■ : | 1 r*od t b r* tortV
Key y-e-
• 5 Keyor;1 lane*
• r . . her
Lee H i ah ■ rri she •• a
1 *J C H ur O int £i:m ■ i • *c*c
! ’:•.! i- -
i i
i .
If
14
1 S I
16
1 7
18
19
20
war* r- ■. som^t Ime In rinse contact with her.
8o vou have krown yar and known her name since you
■ to T. r . F . Lee School?
Jo, sir, that is wrong, I have known her only the
v er of LQ6 6 . "'hat was her f 1 rs t yea'* of employment there.
e „t V'.'U have recalled her name since that time?
A Yes, sir, r have
fT}£) p p • •-? V p 1 r, cr 8 sworn interrogatory
r v k ’f-. this is da to 1 Neve then la, 1^76:
Answer: I do not rec all the n ime of the
person who administer'd the test, but it was adminis
tered by the guidance counselor of J. R. E. Lee High
School in Wildwood, P.orida, there was only one
guidance counselor, a female, at the school at that
t ime . "
A Yes, sir, and T recalled her nam- when I looked at
the copy of my transcript that had been sent to my attorney,
nam^ was there as the one who filled out the ledger with
•classes ther*> and tr » grades that I had received. Her
‘•'me was listed as the >erson who had kept the records at
* ' p 4 t i H f*
f.o you recalled her name after ,y< u answered this
•*ator\v?
That is ri ~ht , sir.
LI i you recr-1 e anythin? from Wildwood High School
c•f
i
7
%
n
8
Q
! 0
12
13
1 4
15
16
17
18
IP
z o
j 1
_ 4
701
l a —
W ! d*'f'od hi •di 8 r h o ■1 is a white school.
i J R r . - » f CfJ’N ' r. or» v answered
tuwi.”,. ii vn Titer . 1- nh r
recolve any , ..nonce frorr therr. a t j r
;:
| 0 R ! rh . .
A Of t Ti s 'e a r ?
0 Yea.
1
A No, • ir. Not nr 1 can remember.
i o u r- r t i o n , '"is.: Colbert. On your applica
t * h ' form, 1 o') tie !. t list s number of dependent relatives,i
I'an you toll me who the dependent relative is?
MR . MOORE: I don’t think that is relevant , whether
she has a denend or. relative or not.
THE WITNESS : Yes, I can.
MR . 100 Ri' : J think that is irre1event .
THE COUP! : T d on’t know whether that woui1 have
nn.’/t • • 1 rr t ' do w 1 t, i it.
M n o^ECOPY ; You;- Honor, I belie to that ve exoect
1 4- .♦C. .1 f ‘ u_u all of l ese -;ae.-li . ns .
MP ?.«;s.r pi?
i r- o 1 r> i r £
t h i n k it should be tied i n n o w 1 f he
<rn.nv COUR'"1* V. *1 1 , as J mentioned before, T am in-
to and then see about it later. Tell
f. *
7".
•• p v t ]■' d 0 p ̂ n 1 p n t ̂p
Tamos ~ ’ ulfown Colbert■UI7 ; r ' ' tr p?
-! *UH
4 Aral wnr’ 1.. Tn nese LaShawn Colbert?
5 31 o Is a fore ' ye tr old black female who I keep
6 ana r hav ■ <• al led her rr. / daughter.
7 ps Y ( a hav-' called her your daughter?
A
•
n'. -l ’ a rfoot . I t a d . c a r e of her so le ly .
S 3hi vcur c iugh ,er?
u> A No, c |o, p j q pq
1 1 0 Who se ua<. ghter Is she?
I 2
A She be lor frs t ' a cousin of mine who now l ives in
13 A t 1 a n t a •
14 0 What is the chjsI i ’ s name?
15 <\ 12a la . ’M c] ersca . '
16 THE COURr : You n >w look a fte r this child?
; - minr WTO1 NT ss : Yes T 1o .
1 u > ' n ̂ p • •"?:p o p‘__ _ •_ . vi-. V.< '>-1’. 1 *
1 <> 0 Mow , "'iss fo l 'ert you said that after you f:’ l ied
2 0 r? at t h o appl 1 eat ion for p vo were gi\en a dicta- ion t est , is
2 ) t. * <30 r r ect 7
7 7 — | A Yes, : was .
2 } Q And I believe you testimony was that this Exhibit
2 -V p ■ . -o ro 0 4 4- » ' dictation t s' that you wore gi en.
A v 0 '• f. 1 r* It njPi0 no:.
c/ j x
72
1 A f 1 •V1 - i d l. hot in** 11 eta 1 on test that you were
>
v n p ; », ►ook ' \ forva?
3 Y p .'■in, It was.
\ Ana was • t printed
s A Y' , sir1, it was.
4 A v- »
. \ . i' was two or • f> rented pages?
. > ; i r , 't was.
O And T believe you testified that it took twenty-
r:-r to tlr' rt\ I’nutos to dictate it?
10
,
a
ve~, sir. It d !d
o Old you make two starts on it, one start and then
a nnthe v-> t f 9
13 A Did I nake one start and th»n another start?
14 Q No, that is not vhat I aske 1 you. Did you make two
1 5 s tarts on the d! ctat ion?
16 THE COURT: On tie transcri ition of the dictation.
17 1
18
19 \
20 i
THE WImNESS: I started one i, sir, over again one
tT
07 ”0. OwROORY:
You started ov^r again once after you had initially
s t a r»t ed , is that correct?
That 1s right
Q And after initially startin . and starting over
2 Z A
z \ Q
Z 4 I a ’•-air,
2 In,-:
73
■?' i nutes ? Is that correct ?
, ' r .
■ ~r ' * * • n ’ what t a T1 on direct exarr.1 na —
over. x
Q
A
e 'Tirlote
c.. i mp i e t o
A
0
A
was the carriage that stuck cn the machine and it had mis
printed a letter which wasn't the fault of the position of
my hand on t:h keys, and tha‘ is why that start was made.
It wasn't bee ame of the material that I w£ s typing from or
nv!Y nor t h ti * T. Vcis t, n1 nr, f*T*om
So, cccordin to your testimony, then you did this
w h o l e t ranscr ;.pt ion In fifteen to twenty m nutes plus two
minutes that It took y u on the first start?
A Y " , s i r .
• 1 <3 that af *r .-•it- -illy l "Initially started
d I d n o t r t a r t > v e r .
You did not start over?
Othen than the second time. The second time was a
copy. I only started over once.
■ught. A ‘'ter you started over once, did you
it- in fifteen to tv entv minutes?
Yes, si r , I d Id .
How long did you work on the first s ;art?
It wasn't any more than two or three minutes. It
And this two or three pares, printed page 3 you saw
vin n pj'pt ^nd n * a 1 f?
n/ / 1 <
74
o
10
11
12
11
14
15
16
A. ' i n< t read the
rt !. on of ;
5 h ̂ r> n i.v read a r oT’t i
<7 Vo £ ■
p At. 1 tno nat or 1al that
a nn ’ e and a hal r °
A But, s ̂1 r* 11d not •’ead
h o < >k let to me.
0 I see. And I hell e v * •
tl 1ng to do with a comp 3ny 1 i h<
A I it in 1 4-r, say Condo i,
par tic ular p La :e I don 't kn w .
Q And he>7 much i e t a i c; e n me aDout what was
contained In that lettec*?
A It stated the volu e of business that the company
was doing ov«f there, the di ferent outlets and the products
that they had olanned to man fact are for the coming year, and
t l i n e of* clothing.
3S Colbert , when yourT coc do you rem
; 11 1on was taken by me?
A Ye o S <• •<‘ ^ I sure d
Q Do yo u rapiember ho
:t 1 en a1:' th at ti me?
A Sa r.e th ! ng T ’ememi
o Sc r ar as vou rede’
>v- r v»
Q '?.
1 < n£ L
I
-*>
4
5
<S
7
* /
10
1 l
U
13
14
1 5
16
17
i 8
(9
■> •
t >- i
7 7
1 4
75
7 ? — - '
• ■" -’ t u -' :i - nor , I think it w o u l d h e w e l l
° P * r t d f i e O t g i n a l . t e p o s l i o n .
(Wheieupo.i, the sealed deposition
was opened by the Clerk.)
r/rp • ’p̂ r?ni<v •
^1 So ( -''I -»r>t , do VOU ovi V'i *v r> ”iy asking you this
■ .. o . . .
»neml er what t' e Subject matter of the
dictation was? '
was :That is rare 6 , line 1 And your answer
, tut if w s a Oorm etter, a kind of corres-
ocndence something like a memorandum. It was much
longer and It w a s omet ling that might have been sent
to her to the 0 Cl HP n.v i i Enr land because it did mention
the volume of bus 1 ■ess • ha* vtas done over there, but
thi s isn't i1kP 1. t at a 1 .
"Cues t i on Do you recall any more about the
substance of the d ctat.on that was given vou?
Answer: Onl about the company and the
vo 1 ume o f b u ~ i n s s .
Question: Is that all you recall about the
.at was given you?
!155 Wf? 1? ! Y e s T*
v<i vou recall that testimony by you?
Q G ^
, ! L t
1
l
3
4
3
6
• >
1 0
I 1
J 2
13
14
t s
1 7
f ■>
20
2 2
76
*•2 - o U f«rt: , Mow fast did you 3a,y Mis a Hearne
>.ted tnis memo randurt t o you?
i nut-'
tween one hundred and one hundred twenty words
r ' i you at. any time risk her to slow town?
A No, sir, 7 .1! d no’ .
' w at any ti’T,rt toll her that you were not
•ret tin.' the diet at 1 on?
A No, sir, I did not.
Was the dictation givrn at a speed w ich you could
take?
A Yes, sir, it was.
Was anybody else ir. the room where the dictation
.•si.a give: to you?
A No, sir.
Q Were there any distractions in th< room ft all that
5 oter,v-re with yo r takJ nc the d 1 ctat on?
A Thor-* were di -.tractions but they old not distract
’Tl‘'• Her door was i non and there were other persons o u t in
hf* other office, ' ut 1 ; wasn’t distracting to me.
Was tot r the office where you were taking dicta-
* ' o n ? •
w s no .
Tllo CO MR I think we a m susnem here f o r lunch
/. / v .a .
d o u ̂ and twenty minutes. That will be two1
2
3
o ’ ■ ' I n c k
o |
!. • •
i
I
! 3
14
15
16
'•••-•■’- o r ;, the C o u r t was r e -
n.’...,eu at 1^:40 p . m . )
A F T E R L U N C H
• • e r e u p n n , the C o u r t was recon—
roned at 2 : CO p. i.)
“ J" a i U R T : A 1 1 r1 *h t » 1 b e l i e v e t h e P l a i n t i f f w a s
under cross-ec a m i n a t i o n
THL C L E R K r M i s s Ct lbert, I w o u l d r e m i n d y o u t h a t
y o u are still u n d e r oatf .
MISS C O L B E R T : Yes s<~.
oOo
" ' A R C I E D E L O R E S C O L B E R T ,
h a v i n g : P r e v i o u s l y t e s t i f i e d , recalled f o r c o n t i n u e d
C R O S )- E X A M I N A T I O N
17 | BY MR. GREGORY:
18 J Q Mlss Colbert, I call your attention to a document
19 j that haa been identifie as ’Exhibit P-A and ask you again if
this i 5 a coo.v of the t -anscviPtion that you did at H-K
2 ! j Corn, based upon the di tati in test?
A No t r\r, it i not.
0 Does it bear nv r-semblance at all to the trans
cription that you did?
A No, sir, none vhat'oever.
‘Cl
78
■* i
<s
t l
i '
13
i 4
1 5
16
17
18
! d
''̂ es it J*a- with the name subject matter?
N' , Mr, it does not.
das tne nictation test in the form of a letter?
, ■ r , it was rr~ : .
win i ne dictation tent have a si p-nature on it such
' rr -or :! a l ly , M 1 ^.ie Ilearne "?
n' y' r' * o'8 " wha : she cave le at the time, but what was!
• ■’ > rip: trial, F don't know. j
^ 13 that the n.v she die-ated it, "Most cordially,
• s Mickle Hearn*"?
4 I don't reme:*ber, sir. I remember 1 hat she did
■r * v o ni r* a c 1 o n i m T
Q V/ n <3 i t ? 10 f*df 1 "Memorandum" or did 1 . have
hea di nr on i t Q f all?
A No, si r, it was not. headed "Memoran lum".
0 Was It dated?
A Yes ,» *'3 •!r, it was.
Q Can you tell me where the date appeared?
A The letter that I typed, T typed in full block form
was Ine sane date I took the tent.
I see. Ann da*re did the date appea ?
A IJpne r l f f*t h inri ,
0 Now Mice C o hert, after yea had cornyleted your
inscription first 1 t me ask you, i e r e therf any ominoMons
your t.rans ri nt ion rom what wan nictated to you?
i 's 'L < X
79
1 ! p Yo, sir, not to m i knowledge.
7
\ 0 o w , after vc i ha 1 comoletei vour transcription
. .• ' « - ; o es t t (■■ Mi ■ a “earne, the transcription?
4 • 'r, T die no •
5 A'ho took the test to Miss H?arne?
6 A The young lacy wh > previously received me that
7
8 O'. ! ■ i .1 Miss Hear re? t >en come o it and talk to you?
o I ■ a u h •=* talked ir her ofo'c p , not where I took tip
t p
i i
12
13
14
I 5
ir»
i (
18
i : t e young lady tu»>n coine out and ask you to
come In to Miss Hearn’s off .ce?
A Yes, sir, she did
Q Did she discuss the transcr ption with you at all
at that time?
No, s r, she did not. 3he .ooked from the type
written copy to the one that she m d c ictated from and
reviewed them, but there was no discursion.
IO o n< a S ̂7 r> make anv comrr.pr
2t A ' No , ; i y>, she did rot.
y < 0 D 1 (! •he then ask y ?u il
7 7 other tests?
A Y e s , s 1 she sure did.
2 t 0 Di she sav wi v she v.'ps
7 A < , ,-s ^ 4. i , .. v"*" ro other tests?
/ ho ~
i\ ; 11 d not.
.'nr tell ;ou «! tine what those test
Yeo, sir, she said there was an IQ test, and a
the company rociui *ed
0 T n? r\ And ou
t bo se tests'
An Yes, s '! ‘, r lid.
r --i 11 ask the r
you would like to
rnd to Identify this document as D-2 .
TI'Q OEERK : Defendant T s Exhibit No. 1 , Otis Self-
Adni nisteri np Test of Mental Ability. Defendant’s
Exhibit No. 2 , IPAT 16 P. P. form.
MR. MOOPF.: No objections.
BY MR. GREGORY:
Miss Delbert, T will, ask you to look at a document
Identified as Exhibit 1, and ask you if that is the Otis
r-'ie..'' •’"1 tv’ siorinr Test of Mental Ability, which you took at
the d-K Coro., a blank form of that test?
A Yes, sir, it sure is.
Q I will ask you to look at ; document /hich has
boen identified as Exhibit D-2 and atk you if tils is a blank
form of th® 1 6 P. F. test that you tr ok at H-K h r o .
Now, "iss Colbert, with rerpect to Exhibit D-l, did
'e
0 No1
l& ic L
I
2
3
4
r*1
t»
<s
Q
10
1 I
12
13
14
1 5
16
17
i H
19
20
7 ,
f
1 1
*
23
81
y,'ii read the first peer of t >e test which contains the in
structions as to how to take the test?
A The F. P. 16?
No, the ftls Self-/dministering Test of Mental
AM 1! tv .
A Yes, sir, I did.
Q And wtat were your> ot her instruct ions that were
riven with respect to h w to take that test?
A That there wa ’ a tJae limit of thirty minutes.
0 And were you out ii a room by yourself to take the
test?
A Yes , sir, T was.
And were you timed when you took the test?
A There was not a stop watch in my presence. I would
assume that she had one.
Q Did you h ave a watch on?
A Mo, sir. t did not .
Q Were you riven a starting t ime ?
A Yes, sir , I was •
Q And then after a centaln peri rd
come in and say tha.; the time was u d ?
A M].ss Hearne did. She cane in.
time did someone
Q And r believe your testimony was that vou had
finished the t«st some time before that?
A Yes, sir, I did.
2
5
4
5
6
/
t<
9
10
1 J
13
14
15
16
t 7
IS
1 Q Is that correct? /bout bow longfbefore?4W l
■~*w .
52
■'■be came b t w'a; atanUtng, in the h a l l __
he d.obr , w'pr -l e came dowr the hall to me.
Mo m , . wK U. ahaw you a document that las been iden-
r'3 P-5 that has marked up In the corner,
■ core. 65/124", and ask tf you know the significance of the
mark up 1n the corner. Do you know what that moans?
ves , sir, I was told by fir. Whitehurs : that the
r' 1: meant that I had 65 questions right out of 75 and that
according to the Quotient of the IQ that I had made 124 as a
ooint.
o Tha t you*’ IQ was !?•''?
A Yes , s 1 r .
Q- And this, how long afte} you took
Whitehurst tell you that?
A This was a week and a half ago when C went back to
Fieri la.
About', a week and a half ago when you went back to
j Florida. You mean a week and a half during December or during
j November of 1 9 6;)?
.
A That Is right.
2- 1 ̂ "e e • And did you take the test dov n with you to
ask him wiat the score was?
A No, sir. The test was here in Atlanta. I only saw
J ! my accumulative fol<er.
1
2
\
4
3
6
7
S
i <J
11
12
13
14
15
17
18
19
20
21
9c «-
n
m
2 3
0
------------------------------------------------------- n
You saw your accumulative folder?
A Vo- ■» ■ •
* a’. wa3 ?• w'n ' !•• •.- j a f Tore?
n 7 e * , s .1 r .
Q iov;, when you had completed the Otlr; Test, how soon
ŵ 'P ’ you riven the .17 F. P. test which , has been identified
as Exhibit 0-,??
A Immediately after I finished T was handed the Otis
Anu how U ng did it take you to take the L6 P. F.
Tes t ?
A Maybe twenty cr twenty-five minutes.
Q Was this durirg the morning or the afternoon?
A This was in tie afternoon, sir.
V/hat did you o during the period between taking
dictation test and taking this battery of tests intll you
left the premises?
A Before I took the battery of tests —
0 Well, let's go back to the leginning. You got to
the compary at what time0
A Quarter of nine, sir.
Q And you completed your interview a' what time?
A. I don't
time, hut it was
that 'we had.
knov;, sir. I didn't have ; watch at the
long discuss I on, it was an oral interview
84
ArKl f;hen You take the dictatior test?
’ r , T d ’ d .
\ 1 “re transcript'
i ' ' • u lit, I did.
~5 0 /iiid wnat time was it by then?
6 A 1 donM know’ 3lr- 1 assure it was around noon or
j us t hef >re no'-n.
r> Q hid you have lunch?
9 A Nn, r'r, I did not.
S J > i '•/hat time did you - a r t an this battery of tests?
I 1 A After viss Hearne had ^one over my dictation and
12 compared it with her notes, she then asked world I like to
I i take t he othe • tests. And from there I went to the other
14 room
1 5 nyv Then vou went right into the other test?
i h A Yn--; , sir, I did.
i / w The first one took thirty minutes, and the other
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about twerty-five?
A Yes , hr.
Q And I to‘.love your testimony was that you left the
premise:- at what throe?
-t was *n the "! ate afternoon, around four or four-
thirty.
lhml- y",J Arounu four or four-thirt■ that after
noon that -o„ l-.f; -he preplace. So, following the dictation
d \ * t
iC ix
■.W )C/..
"hat
u i; ■)
■5 k e t!
•! a vou t. n
V v
that I left
• 11 n 6 J r , ; . 7
:!nn sj cok. with Mtsr. Heaine at the
f!tnor i ;sts besides these tests
/-\ 11 I r.
a: out your
, were : ou told anything
co • e on t he ■1 i ct atc r: ye s t ?
i r j n r u
.be!, r i yon tir.d h;8 ni whether you had passed or
‘led the bi cl. at o’■ fr.. t?
n e
'hat I
.»• was t. 'Id.
w o you tolci
* d . 11 ] ed ,o m > e t h e I ntellectual require-
h v. •• r did krovr.
cat It d or the telephone
re : or e .-plo a at.
- v.’as about id r e d;
senna rile;: ir, -tlar'- <
‘ ; i • ; It. • r’C? VvU >’ ,*
i‘7 " ' - C o : • e - a r c - ?
■y T . *, -* : Tn■ ■ , .< u . : ■ ... . ,i
••’t v as about the '
bays iater?
,11 ed.
■ apply for any other jobs
np the period after you
to work for the Southern
the two weeks before I
'toed to look for i
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«: r. loyment
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At. nrita.
i:r' e rp
,l ar ,-o-nani es <ii d you apply to?
*■ a a Or . (’.-rr.'-in In the Candler Building in
went to n book st >re.
iust minute. Pic yon apply for a secretarial
11. c -1 nA \ e s
O'r 1 "ou riven a di it at ion or typing test there?
A T was riven a typin* test, and I hai to farm a
letter of my own wherein he was wanting to collect a oast
due Payment from a patient, a id I had to compose the letter.
Q You old not get IhbZ job?
A I wouldn’t take it, sir. He was only offering me
fifty dollars a week and said that he would later in turn
train me to be his assistant. But, I needed more money.
O So, you turned that job down?
A Yes, sir, T did.
p So, you riJ d not **i le a complaint with the EEOC
aga 1 ns t Pr . dermal ri?
I dl i n — .
0 uia you anply for any c trier jobs?
A Yns , sir, T went to a doctor in the Doctors
Building on Peachtree. 1 filled out an application there
and was given a typing and shorthand test. He said he would
never ca i 1 >d.
! ! U
call and he
87
hi <i yr j r * i <• • complaint against him with the
f' <>
"■ , • . r 's ef*t'-*hi .! siwiit- wasn't that large . He
or.i v h;x' one iMicr reason there.
.o How large did it have to he?
A ,7 r v e r. < > r e .1 r, h1 people.
Ci •: you apnlv for any other jobs ; s a secretary
with anv otter?
j ;. > sir, a b:ok store on West Peacht ree.
y ou know what the sto re was?
t
e <■■!/' or * *• y ’:r, I dor ’t r>p jtj p "> p or tr.c store, jut know
O J : ■e to a car dealers hip, hut it was very far out.
o ■ Did you taking a typing o r dlctation test"
A Yes , sir, T did.
r\ Wo r c you offered a job?
A I v;a tol .1 that I would be called.
V.'e’-o you called?
No, si” , T was not.
( n i ] y p.j 1 1 1 n a c r>,T»r' 13 ̂ n t w ̂ t* Vi t/lip EEOC?
A '■k . 1 r , T did.
Q. U/ n ; 1,1 . r' ̂ any reason why you. didn't file i comnla
with th p grnr?
A Yes, s ir , there was. There was cnly, to ny know-
i e d re , thro-' other folks i.o the office at the lime, and I
would p s s U!7'f> : h: 11 .here were representatives w h o cane into
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t ' j <• COi nr: a i y , a c t ’ 'J 1. n r t: o w> a p. ; h e
•.♦•h-' . . .O ■ ' i : : : ’. i . t. a •If : P f r *• m t p q r
• , * 4- .. . . . . . < .i r •’ o ’f n o » s » >» ‘ ! r*
• . j .. s s ~ • n ̂ t o . - ~
' ' • \ r h >- r»r> * n " ‘ . ‘ a .
r. i ' .■ 11 .
!•’ ! • ; v '. a -n ] v f o r a J o b
o t h r e n r l a y e r s ?
A I w e n t t o t h e U r h a r I, e a *■
h a d n o o p e n ' n r c . r w e n t t o Arn « r» 1 ' ■*.
T f o r k rA s h o T * t ^ ° n d t e s t a n d t v e f p r
A v- ,-<• -» ~ v: a s r» e f f r r e d t o O b -11
as xaV f e , but tne people
* - wasn ’ t a :.arpe itw* r*a-
s secretary /1th any
L".aiershjn Conference.
o And that is where you
A Yes, a ’ r , T. w is .
0 And si nee tha ; time ,
v o u r secretarial skills by taking dictation and doin* typing?
ivMn:-, yes, -fr. When my supervisor is in town,
v e r ’ 1 ao cq''e dictation, but most recently he has been out
of town.
fe that a regular part of your Job, taking dictation
and doing typing?
Y°s, sir, it Is, v/hon he is in town. If someone
else comes from another office, then I assist them.
,,n: :;a;' fcbf,t been true ever since you were employed
H Z c l
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89
bv Pouthern Clur'* st i an T-eaiershin Conference?
; , _.. * **»- *•' > X *
a » ' '* 's •'o] bent , you never applied for any lob
ni ii-K Corp. except; the .jobs that are shown on your applica-
t ‘ n , ’ r. r. h a t c >■ r re c t ?
n Ye«? a h ;
Do you kno/ low nany a p p H c nts there were for the
.1 oh of secretary, correspondence at t>e tine you applied?
A No, sir, only that m ss Hearne told me that there
hal beer: very few arm 11 rants.
o fhe tnid you there bad been very few applications?
A Yes. she did.
0 Did you see any other appli-ants there at the time?
A No, sir. According r0 my knowledge, I was the only
applicant for that day.
Q Now , do you k tow any other employees of H-K Corp.?
A No , sir , I do ,'t.
t r cv y o u talked a t m t +■ h 4 r case to any other' C —
Awes o r i - k Carr o
A No, sir, haven't.
I show you, Miss Colbert, a document that has been
identified as exhibit P-10, wh ch Is on the letterhead of
•J. R. E. lee 4 gh School and has the Ignat ure of Harold W.
Whitehurst , Pr nciral, and ask you if you can explain to me
° r fhPitpl r i in the right han . column of that
//3 a
♦ \ n
90
t r a ri s c r t d t ?
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4
5
6
7
12
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113
] o
2 Ci
A ; 1 ' C? 5 *■'*‘ > ° L - ■» on! v
eo u .1vale n't .
0 Might it mean
A It might, n i r
Q So w t j 1 d t h i s
tv: a t you were two month
n Ho 1 : r- T do
7o»i v n 1 • thir
A 7« ) „ C; * r» I do
o Mould th s p-r?
t ! me you were four mont]
A I do n't lnow ,
Q You don't knov
PI lev en Hour Sasic l ki Hr
that you were one year and el ever months beh.in< your grade
1 p up i 7
A I d n't know, sir.
You don't know that. I will ask you if this Otis
Mental Test, "IQ S.1" means that you had an IQ of eighty-one
at the time you took that Otis Mental Test.
A I would assume so.
You would assume so. I will ask the Clerk to
Identify this 1ocunent as refondant *s Exhibit D-3.
T:*" ™ For i dent i f 1 eat 1 on , Defendant's Exhibit
//</*
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iJo. D- 7,■ T-ow-i envelope addressed to Attorney Alexander
Cor.-al 1 , ooot narked. December 1st, 1 9 6 9 .
’w - 7 PEG O BY: 7 am 4 ientifyinsr t h e c o n t e n t s o f i t ,
"/?p nntrooPV *
nlhert, I w
1 0 1 t P— 7 oh• r~» ■ < »■» >
'ou a fo i.der that T re-
you can tell me what
at Is
■ A • H , Tt. 1 •- mv accu ulative folder.
n 7 ♦ lat from th e J . R . E . Lee H 1gh School?
A Yes, sir, it 13 •
Q And is that the folder* that you had seen befc
t\ Vo -'• ° ) r \ r .
Q Ml 355 Colbert, I will first ask you to look at
1°, headed Staidard Test Record which shows the same figures
that were writ en to you by Mr. Harold B. Whitehurst, the
principal. Ur i.er the heading ”OR", if the explanation on
this folder do 's not mean grade equivalent?
A Yes, s1r .
m r . m c o t object to that. Strike the answer,
.he wl ,iie:;r is not oomo'-tent in the area of grading and
m a d e equivalent t . answer the question. The document
’•o 1 1 l~nvc t o speak for *4 a-If,
THR CO HPT: W«ll, apparently it does. That’s what
he’s pointing out. Down at the bottom it i- apparently
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/ o 7' me.'- r s ■H-io equivalent. That's th • way I
U : i : e
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■ "R. ,,AO R h Tv en
.'hr.. C HP'?: Oi av
io.Mnant sneaks Tor Itself
BY YP. f P'BHOPY :
!nv.', -’1 an Colbert , I w 4 11 show you un ler Item No.
tB, headed "drauuat i on T acts", some writing, on i ask you what
the writ inf? Is.
Hr* dusted senior hd p-h school, year 1 Of 6 , month May,
h ay 31i .
0 Tan you re 11 me who made that entry?
A No, s 1 r , I do not .
Q You do not know. Miss Colbert, I will
attention to on entry under 1 0 , "Standard Test Records",
w M c h says, Otis Mental, A21?666bi?t, and as* If you can tell
mo who made that entry.
A No, sir, I could not.
18 o Can you tell me whether there is any ether rigni-
19 f1 oance t o t h e date 7-17-66 besides the fact that you took
2 0 an It is Mental Test on that date? I
2 1 A No, •? 4 v»■ J m j
22 Q M 4 c; ? '"'oil e ft , I w 4 11 show you
i
an entry No. 6 , j
23 headed, "W1 r. o drawn! Record" and ask vou if there Is a date
~ t o f* w 1th dm w n 1?
2 5 r *■ & 3 , /■ | v‘l ^
I k - - a .
I o thatWnat is -Lite?
O
; *
7 i A11
1 h A A »- i 7 .
7 1
' ' ■ • t !. • w.' i i i h school c n that date?
h ! ' •lo , sir, no t m.y Win 'ledge.
vo!;" know 1 ■ '' '• y ov, see any entry under
j . ’' *i.::‘j ' ( i - e .
*7 «' 1 ! A No, :•>. I dc not
*' ; - Nisc . ' o i l cri, you; rrsoes were pretty pood In high
c 'Chool, ’.-.•••yep ' ‘ the v‘
o ; A /rv*, % • vv»■»*<*•>
P. C m vou t.f'll ; v;- yr ur r >ides for the second
r ph : - • 1 Of I'lf'-'j
A B TV ! • m ' j >! i'.r, r] j;h , i average In hone cm-or ionic: .
i
i
n Is tbit the second r f > < r fc fa r* n f* 1 1 > ̂ f ) Cj
i
| A Nl , - 0.
«i Is, there any entr '■iti’ l l r grades for t! e second
| - 1 ' f. p IQ':-?'
A ' No, si", v.hvrp is' r: ,4-
. N; Viiso Col . 1 v:1 t ' shov; you comments by your
LfTcher:; ’ ’ Hi ; t c . ■.; 7 \ v 7 ; n ' ■ ; u inee and Counsel tny" . Can
v ■' '■ -i t e i.! h••••*■' f ht-vp 1 r m y entry for 1066 In \ at
e.at.eror;. \
A Nr, sir.
. 0 T'rl ! - i r>
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y\
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Co! hert, T will show you under heading 5 ,
hva 1 uotlon n r .Social, ano Personal Assets” with a place to
f‘p,;"r thP frr'a''jp •'!"d a ^ I n c e to evaluate various social and
arrets. is there any entrv for the twelfth grade?
A Mo, sir. No.
Niss Colbert, I will show you heading 8 , "Extra
Curricular Activities" shewing the grade at the ton. Can you
tell no whether there is rnv entry for the twelfth grade?
A Mo, sir.
Miss Colbert, T will show you under heading 9 ,
" M h r a r y ” , entries for the fourth, sixth, seventh, tenth and
eleventh grades. Can you tell me whether there is any entry
for the twelfth rr-ade?
A No, sir.
Miss Colbert, I am taking out of this folder some
thing that is signed by Marlon B. O'Kelley, M. D., dated
0-7-65, which says, "Please excuse from active physical ed,
something, due to health problem for which I am treating
Margie Colbert. ' Can you tell me what your health problem
was at that time?
" . Mlk.RE. Your Honor, that seems to be irrelevant
and immaterial. There is no claim that her health
wasi, t suitable for the job and she is not healthv now.
i COURT: I have been wondering aoout a
good real of the questions. V/ha; would the relevancy bei
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wn* 8r;-4^RY: Your Honor, we expect to show m a t
m..o young Lady dl <•• not Graduate from high school,
•■'.i not a1 tor,,; :?:p second semester down there.
■ trect 1 y agr ir. *.r her own testimony or, d!. rect
exanlnat.i on and on tenon't l or and what she entered on
her apo.11 cat 1 cn form,
TriH 00 151 : Well, w *s there a requirement by the
company that she be a high school graduate?
5R. 'IP HOC PY: No, sir. She listed that on the
apo 1 i ca o ion ore;. V;e are using this for the purpose of
impeaching her trs imony.
M p * M°°nE; That seems to be rather immaterial.
.There Is no cl lim by t h° company that she had to be a
hirh school graduate. They claimed she didn't meet
their intellectual requirement based on the Otis and
16 P. F. All this is irrelevant and immaterial.
THE COURT: Well, of course, the whole standard
that the Court has to Judge by is what mot vated their
action at that time. I am not sure th it a.iy information
lnt ,r' "~v«lop<y would have any bearing on t .
IP. GRECO Y: Your Honor, this lsi’t on tee ques
tion nr her -- well, it does deal with her qualification
too, and we expect to go into that. It deals orinci-
nally, it is generally an attack bn credibility.
THP, COURT: Well, I think it has little value for
IN CL. *
96
t- c- iould be ■ >n a matte:- • hat
Is d!
n > Mr . \/
■ ) ■!: ; : Y o i ;
’.’icede that.
11: !•; ?n:Tor la | -j r t. hose
respects. Oh - testified that she was i high school
^ehaat-. She testified that while sh - was going to
hirh -school sh- was tyotng, had this .) b. We expect to
show that she was not In a Position to do that, that she
- t •n .. . . i r h school, and we expe :t t- show from
tM,.o d-cu-enis themselves that her wo-k w s not compe
te r: i. .
WOOPK Your Honor, there hen been no clntn by
the company th. t thin young lady lacked anything extent
intellectual v t luirement.
T1!E COURT: I don't know what they claim .vet.
UR. MOORE: Ba=ed uocn the pleadings and the
issues formed b, the ore-trial order, then is absolutel
no claim in th1 ? record that the company 1 rel /inr
uD°r anv fallur' to graduate from high schc ol o ’ any
D'ny s i ca! oroble is of this young lady, or ary ot rer fact
excent she allm-edlv didn't meet their requirement on
September ] 9 , D66. And t rat is all tf at 1, re evant.
Thb : What I m e m is, I haven't 'een told vet
excent by her satement fo - what reason the company did
turn her dcwn.
M|?* ,/[r : 1 a™ talking about the cla m as formed
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hv pre-trial order, which shares the issue .in the case.
C'i-IJRT: Well, I don't quite see t, as I stated
•i-t the tier! nnlng. I am Inclined to let it in- and then
sift '-he thins; later. As I see it now, it is only an
attack on her general credibility, which the only
relevance to the case would be whether it rakes the
Court disbelieve her other testimony about what occurred!
M P • GREGORY: Your Honor, it is mire than that.
j
Che has claimed she has taken the same test and she had
i
an to of 1?4. She has claimed she tooc that test on
the date h«r high school record shows she withdrew from
the school and did not re-enter the school She has
claimed that she was typing during.this period, devel
oping these skills while she was going to rchool. Her
record shows that she was not in school during this
time. We expect tc be able to show that.
THK COURT: Well, T suppose in a remote wav it
cc..;j.d g) to her qualifications on the typing test or
something like that. I will le . it in. Year objection
is noted, and again, I think it pretty far fetched so
fa r .
Mp. GREGORY: All right, s r.
BY MR. GREGORY:
Vi 11 you answer the question as to what your
‘obi-ei; was at the time the .Joetor excused you from senool?
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> vv
__ ____________________________ __________________________ ________ 98_
m r . '0r'RE: I thirk that, notwithstanding I have an
" t ! I an going *'• a*. rikc that question. That is
' r r - ’ev . and immaterial. There is nt claim at al l
that she was 'noarable of performing tie job because of
physical a b i l i t y .
THE COURT: Unless i t relates to ier subsequent
withdrawal from school.
mr. moore: I ’ that be the fact.
THE CHJR'": I don't Knew. I can't tell unti 1 sne
answers. 1 w i l l p-rmit the question.
THE WITNESS: T was having trouble with my menstrual
period.
BY m r . GREGORY:
0 Were you pregnant at that time?
A No, sir, I wa: not.
Miss Tolbert, I wil l show you undor "Withdrawal
Record", Code w , Cause, and ask you if the original record
has been erased and something has been written on top of i t .
— V''°RE: I lon't know how the witness -would know
that .
THE COURT: Arain, i t may show for itself.
THE WITNESS: fou asked if something was written on
top of if?
BY MR . ORECOPY :
Was something erased from there and something
in a
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wr' 1 ei.'i or top.'o'
A
0
■>o o:ov' w h a t w a s erased f r o m t h e r e ?
‘?o , f r , T don ' t .
u ’end t h e iart" u n d e r t h a t word?
I can' t , s i r .
You can’t. Did you ever have this record in your
possession, this high school record?
Q A No, s i r , it was never n ’ey possession.
10
I 0 D- ' v o u ev°r rake ari ent^v on this high s choo1
: l 1 on r*d ?
1
i ?. A
i Jn , s ! r .
13 0 Alss Co inert, I w i l l ask you to look at your
14 applicat ion for employment.
15 Uh-huh.
16 ) And part 1cularlv to look at each of the "M' s " in
17 your n-arre and the other names.
18 A Yes, s i r .
1 o 0 And l'-'ok at ten ’’m ’ under "Graduation" and T wi 11
2 0 a s k y o u a t e r iompsrlnr t^os> "M’ s" I f you made this entry
2 ! on your h rrh school record?
7 ? A No, s i r , I d1 ] n o t .
2 3 0 You did not. I wl 1 ask you again to look at the
24 \
'If* £JT, your application foe employment and the "Y" on the
■
y - 1w • 1 ![
nt1s Mental entry u ider 10, ’Standard Test Record" , and ask
? C L
100
1 i f you m n d e ’ hi e n t r 5 or? t h e O t i s M e n t a l T e s t .
> A d o , s i r , 1 i i < n o t .
3 p o •/•:>', s e e m r r e s l a n c e t o t h e " M ' s " ?
4 A N o , s 1 r , Jo? ’ t .
5 * You den ' t . v- r s C o l b e r t , w h e r e w a s T a m e s e L a S h a w n
6 b o r n , in F l o r i d ^ ?
7
A Vo.- 1 o■* •- > ' e o w a r .
u M P . A’O O R F : I o b i p " t t o t h a t a s i r r e l e v a n t a n d
fv'1": at g ” 1 a' whe •e Tarries e LaShawn Colbert was born.
10
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THK ooijht ■ T am not suite following It either, Mr
Moore. As I say, I am being lenient in the evidence for
fear that I may he missing something. On that basis, I
will permit the question.
3Y MR.'GREGORY:
1 r» o Do vo-: know the da ♦- ri •?*■ . 0 O i her hi rth?
in A April Cist , 1966.
17 0 April Cist, 1066?
18 A ”e ? , sir.
*9 Q And that was about two rronths after
20 f>r,.->rri schoc 1?
21 A I did not withdraw from school.
22 0 'on did not withdraw from school?
23 A ho, sir, I did not.
! . Ah nut two months after fv-e withdrawal sntrv on
2 3 you” high school record?
/ £ 4 a ■* \
101
A That ' s riaht , sir.
■ j pxo 1 a ' a th • withdrawal rpcord on you** high
1 XW'i O <» i'H
A Mo , sir, T cat not .
0 You eann-t oxc Lain it?
A M c>
o You non' "• know who entered that?
A No , sir.
0 You neveo withdrew from high school at any time?
A No, sir, I did not.
CY So, according: to your testimony the high school
record is Incorrect?
A I was basically Interested in my test scores. I
did not go through the accumulative folder in fuLl as for
frr-ode f o r r.rade. I was looking for teachers' comments and
the rrades I had made in different subjects and ny test
scores. I was going through there, but to go through in
depth, I have not.
THE C0!’0?: But, the question is, do y 3U dispute
the record? Do you state the record Js in error if it
shows you withdrew?
THE WITNESS: Yes, sir, it is.
BY 1'ih. GR^uOhY :
o j f ̂r* 1 n 6? prop?
A Yer, sip.
102
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1 Q Is it In errc '• in any other respect?
’a re.*pact tc vou saying, that there was a resem-
b Lance to mv writing nr ! the writing on the accumulative
f o l d e r .
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T will ask that this be Identified as D-^ , this be
Identified ns P-5, this Identified as D-6, D-7 and D-R.
T:I-. <’:ERK: V 111 you Identify these by number, sir?
MR. GREGORY: Exhibit D-1* is an enlargement which
contains, "0a’e Graduated Senior High School, May 31st,
1Q65".
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MR. MOORE: Your Honor, I am going to object to all
of those exhibits on the ground there has been no predi
cate laic! to introduce these as enlargements or even to
identify them is enlargements.
THE COURT: He hasn't offered them yet.
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MR. MOORE: He is merely identifying them, but I do
object to them and I am going to move to exclude any
testimony rela.ive to those enlargements.
THE COURT: Well, I would assume that if the pre
vious ten imon ' is admissible -- and I am not yet
satisfied abou*', that -- that 1 f he produces somebody who
can s ly this 1 *> an enlargement that wculd make these
• <<■ '•«?»)! ‘ r ' nd they coni i . */. 1 u ,aviden •?.
MR. *00RE: Your Honor, we would call on the person
wuc actually did the photographing, wuo Is not identifier
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•o '• a v;1 tnt?r,s n the pre-trial order at all.
I dor ’ -•*.• , maybe some lawyer a l a i% ,
■ • ” 0J ;: Ar : either a ; a witness, and the
letters indicating who * h o witno ;ses would be exchanged
between counsel •.
THh COUP"’: V/ell, T an not ■ o o worried about that.
• Ot'ShnpY: Yo r honor, these are offered for
i n p e a c n m e n t , and it 1 my understanding that is not re
t ired to b e in the o -iginal letter and we will produce
the person w h o made t e enlargement.
Exhibit D-5 is an enlargement of a signature,
Margie Delores Colber- , taken from an application for
employment.
Exhibit D-6 is a signature, Margie Delores
Colbert, taken from a letter.
Exhibit D-7 contains tie words, "Otis Mental
A c. 1 7 6 6 fyc;
Exhibit D-8 is an enlargement of the word,
"Illness".
MR. ^OOEE: Mav I examine them?
"*P. CPECOPY: Yes, sir.
p,Y r.T p C R E C O o y •
Q viss Colbert, I will show vou an exhibit welch hat
hp.,--n ? 'lent!°d or. .D—4 and ask if t hat appears to be an
,->nl ;r-moment . -r : he entry under M- . i p o r your hi gh school
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W
I Will M o w vo-i on exhibit that has beer, identified
:''yh!Mt n-c' ';r;- vou if that appears to be an enlarge-
: t!ntr>y of your name on hxhibit P-?, the an oil ca-
t1 on for ernolovnen* .
/r~ - Mr, it does
I M i l show .vo j an ex.libit that has been identified
an exhibit D-5 and ask if that appears to be an enlargement
of your signature to a letter.
A 1es , sir, it is.
0 J will show you an exhibit that has been identified1
as hxhih.t o-7 and ask 1M that appears to be an enlargement •
o+ the entry on your high school record under 1C Otis Mental.
A YPS ? <5 ■* y*.
Now, looting at those enlargements, I will call vour
attention to the hook at the beginning of the "M” and the
ln-me tall at the end of the "M" on each of thos. enlargement^
and ask if, after looking at those, it is still tour test!-
20 mony that you di d not make those entires on your high school
21 record.
22 ! A V ei rr co , oir .
2 3 ‘ 0 M [ s 5 Oolbert, 1 will call your att on tic n again on
- 4 w 4 K * *- _c . - *■ e large upward, mark at the end of tne ''3"
z :> i
ar i to the long inward mark at t.ne end of the "S; on Otis,
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nrvi again ask you if, a ‘’tor examining those if it is your
testimony tuat you didn't make any entry on your high school
rc co rd.
A N o , sir, I did not.
Miss Colbert, T will si >w you an exhibit marked
Exhibit D -8 which appears to be as enlargement of the word
"Illness" and if, after lookinr at that, you can see a
"gnant" writter under the word Illness.
A No, fie, r cannot. I only see the "g" and "t".
0 You see the "g" and "t"?
A Y®s.
0 Hut you don't see the other letters?
A Mo, si", I don't.
W-ss Colbert, T will show you a letter dated August
22, 1969, that came out of the folder which has been identi
fied as Exhibit D-3 and ask you if that is a letter you
w r* o ■£ o
A Yes, sir. It i3 .
Q. I believe that is not the same letter to Mr.
Whitehurst that you introd iced in evidence as Exhibit P-9,
is that correct?
A I have written manv letters to Mr. Whitehurst.
Those are just two of the in'3? T wrote to him.
0 I see. New, in his letter dated August 22nd,
you said, ’I then fil <j suit against one particular
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,r snv H_K rorn I would ha-e filed a sui; against all of
r opt.an 1 * 1 at T applie "•>, but when thev we”e con-
-;r.leu w i . one i ?sue they t.old thp 1nvest1 gator that they
had no record of my applying in order thau not suit could be
filed against them.'1
What were those companies?
MR. MOORE: I think those companies would be irre
levant .
THE COURT: Well again it would be an oblique —
she las testified the other olaces that she did apply.
It wculd be an oblique attack on credibility. The thing
that bothers me about this, suppose some time after she
was turned down for tie job you proved she had been
conv cted of something, or was a communist or married and
she said she was single. I don't see what this has to
do with It.
. GREGORY: This, again, is for the purpose of
1 more chi ng her testimony in this case where she has
testified that; she went to these other companies, not
companies o u t . t o these do> tors and two companies and
that they were too small. This is an entirely different
reason. She claimed
applicatior, f’orm. I
her testimony is not
THE COURT: It i
they claimed they didn't have the
am undertaking in here to show that
consistent with her statement.
? an oblique attack on her credibili t
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The mater aI Tty of it -is the thing that concerns the
Court.
or: /-orv. y. r Honor, we Teel it is always
material o determine whether a witness.is telling the
truth in his testimony .
t h e COURT: Well, this is true, but as to the
effect on tb issues before the Court, it is my under
standing tha: it has to be a material natter. Supnose
sop testifies that during the conversation that the
Hawhs were defeated last night when, in fact, they won.
Or, IT a t It Ts not ra.1 ling outside and it is later
nrovr>o that !t is. it doesn’t have anything to do -- it
is apples and oranges, as I see it.
• GREGORY: Wei , Your Honor, if I may be per
mitted to say so, re t link it is material for these
reasons. We think it is material because she nas pro
duced her Otis Tea : which shows i score of 12-U, a very
high IQ, vhereas there is a school record which shows
chat she vas dropping behind her rrade lev?1 during this
period. Ve don’t think that that test was actually
bee? use the school rec-.-rd further shows that she
withdrew from school on the same day. There is no re
entry at that school, aid there is absolutely no record
for the se cord semester of any grades or activity in that
school at all.
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IMF, COU^T: Well, that could become relevant,
depend 1 rnr on what I find out about the Otis Test she did
t n k a .
m p . MOORE: They lest that. They threw that away.
THE COURT: I don't know an; thins; about that.
MR. MOORE: They threw that away. You won't find
out much shout that except what' in the deposition.
We lon't pet tint, test and the 16 P. F.
THE COURT: Well, I assume somebody is point? to
testify somethin?.
MR. GREGORY: There has been testimony by deposition
by the doctor that /traded the test.
MR. MOORE: Rut, he threw it away.
THE COURT: Let me see that letter from Mr.
Whi tehurst.
MR. (REGORY: From or to Mr. Whitehurst?
THE COURT: From Mr. Whitehurst. I thought it re
ported the score on the Otis Test.
MR. GREGORY: Tt reports from the reccrd, yes, sir,
the same things that are on the record.
THE COURT: Well, 1 see this 8l is a previous
score.
*/rp MOORE * I think that is 1957, isn't it?
THE f OURT: I see.
MP * ''•r'R E : Nine y >ars before the late of the
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application for employment.
THE COURT: Well, she would hav.e t ?e.n nine years
ol-l .
MR. MOORE: Yes, sir
t h e '"’REEK : Foe lien' i float ion, Dp Cendant’s Exhibit
M, . •. .>op,' of letter from Miss Margie De lores Colbert
to Cu dance Counselor, Wildwood High Sc cool, Wildwood,
Florida, dated August 22nd. 196b.
1R . MOORF: Do you have another ccoy of this?
MR. GREOCRY: Yes.
MR. MOORF: May I have the other iopy?
MR. GREGORY: Yes, you may.
BY _MR . GREGORY :
1 Now, Miss Colbert, your testimony was that you
wrote this letter to thf Guidance Counselor on August 22nd,
1 Q A Q ?
1 y
And you compo:ed the letter yourself?
A Yes , sir, I d: d .
Q And this vas some almost three years after you had
applied for the ,1 oh at H-K Corp. ?
A That particular letter — there were )the'* letters
that I had previously written to Mr. Whitehurst.
Q But, this was approximately three years after you
had appliec for the job at H-K Corp.?
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A Yes , i t, was .
Q And during that time, as I understand your testi-
rr/:r." , .you and r •:<- r acting as, employed as a secretary during
mucv> of the time?
A Yes, sir.
Q I see. Miss < albert, I will show you a copy of
that letter on which yo: have made some notes, ar.d I will ask
you to look at those no* es and tell me if th )se notes consti
tute errors in the text or other errors in the letter that
you wrote.
A What was the question again?
O Do those places that I have market constitute
errors in the letter that you wrote?
A Yes .
'lbert, ,rou say you saw Mr. Whitohurrt how
long ago?
A About two days before Thanksgiving, and previously
before that, I had gone home.
0 About two days before Thanksgiving?
A Yes.
Q And where was he at that time?
A H-• was passing through downtown Leesburg.
1 Do you know w ere he lives?
Yes. sir, he Ive; *n Sanford, Florida.
In Sanford, F orida?
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Y p < !
. Kfnw wl <»th‘- '• ne has a home In Ormand Beach,
F 1 o r* 1 Ha?
^ Ho, ol ••, r do not.
*'"• "HHC.OPY: That Is all for* the prerent.
v r . p/f00RE: Your Honor, we move to strike all of
the testimony, the questions and the answers, and this
.is hv Defense and Cross-E::anination that relate to the
contents cf Defendant's Exhibit D-3 which has been
ident flee as such and only identified on the ground
there has ieen no predicate laid for questioning the
witne :s .
iHK C )TJRT: I believe she has identified it.
iR. MOORE: Bit, the question is the genuineness
of the source of the material contained in Defendant’s
Exhibit R .
THE COURT: t/e .1, your own client says it is the
record.
19 yp. MOORE: Sh ■ sav
/ ■su \ '
> n o /. b a i s o urce th s re
2 l r HE COURT: I o n ' t
>2 feren' e. Surnos e 1 cam
■> the record that she has
vith, doesn't that dentlfy it?
;/rR* M°0PF:: Well, Your Honor, the Defease J s making
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intent 1 ■'n t-nt there have been changes on the record
arvi we don't know the source of the record. Therefore,
n r ‘ ' r '■•* 1V ̂non It, trace trie source of the changes.
TKh COURT: Well, I don't quite see your point.
' ‘K‘ "“cord Is identified by vour witness as being the
record
■t U WOOFS: Inless It Is connected up in a compe-
ten■ 171 !nnor, I wi. l at a later date insist on my motion.
THE COURT: j don't know what you mean "connected
up in a competent lanner", but If they found it lying
in the street and :he said it is the record, It would
idonti fy it.
"1 * WOORE: ] will probably renew my motion at a
later time.
THE COURT: A I understand it, as to certain of
the entries that s>en to be in cispute, she says they
were on there when she looled at it.
BY MR. OREOORY:
I have one more question that I had forgotten.
v.i.:'s Colbert, do you know whether there is a birth
certif■> ca' e on record for Ta nese LaShawn Colbert?
A Th^re should be.
Cca you sign a birth certificate for her?
A Yes, s ? r , I did, sir.
You si -ned the birth certificate ns her mother?
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I did, sir.yn<5 —* ♦
REDIRECT EXAMINATION
Wiiat; w;i3 your "eason for signing the certificate?
A Because of the nental condition that my cousin,
Ed:in, was in, and I visited her in the hospital an hour
of,or she had the bahv. I named the baby before it was even
born. She had checked in Treviously in the hospital in my
namo. and we are very much alike in some aspects, even now.
So'-' i h i dfrer than I am, bit I did sign the birth certificate
because of family problems with her and she was also in
school. It was a great disposition to her to have a child at
the time and I had no other connections, no sisters or no
brothers, so I didn’t have the particular problems that she
had.
0 Was she 1’ college or high school?
A She was - I don’t remember. She was either at
Hampton Institute o another private school in Virginia.
Then, It s your testimony that you made no entries
on this document th t purports to be your file?
A No, sir, did not.
’r-m the . . R . E. Lee Hi th School, is that correct?
Ho, sir, did riot.
Do vou i nr w whose Photograph this is on the f >ont
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Yes, sir*, It is mine.
!,e you know what became of the photograph that was
_________________________________114
•jr; i-y'ii'.iU, it. '
A [Jo, si**. There vans a smaller photograph under
0
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out, you cton11 know what became of it?
At the tine I saw the accumulative folder in
it was undor there.
And when did you see that accumulative folder in
'. i a •
A T visited Florida just before Thanksgiving. Wyi
aunt became very 111 and for two consecutive weeks we went
; t one.
O And -/hen was that ?
A It was in '69 of this year. Let’s see. It was in
October. It might have been the last two weets of October.
THE C0URr : Where was it when you saw it?
THE WITNESS: It was then in the file drawer that
I they had set ?side for the outdated records.
THE C C U m : Where?
THE WITNESS: At J. p . E. Lee — it's not J. R. E.
Leo now.
THE COHRT:
THE WITNESS
THE O'" v-pri .
It's the same building?
The old building.
In other words, it was in the principal s
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o'TIcn in what; used to he the J. R. E. High School?
I.. .. . .’NESS : fes, sir.
THE TO’JP'! : V/ho was J. R. E. Lee?
THE WITNESS: .John Robert Ernest Jee.
THE COU^T: Is he sone man that lived there?
THE WITNESS: Mo, he was a graduate of Family
Hrii vers 1 ty . He was a well-known educator and he had a
s o n , Joi;u Robert Ernest, Jr., who attended the school
and It was named fo~ him and 'M s contribution to the
b 1 ae k co mmun11 y .
BY m r . MOORE:
In Defendant's Exhibit D-9 which Is a letter dated
Aurust ?7, 196c, addressed to the Guidance Counselor, Wildwooc
R' n School, v.: Idwood, Florida, y >u indicate that you are a
graduate of J. F. E. Lee High Sch>ol, class of 1 9 6 6 .
A Y 5? 9 511 n #
When you went norne in November, did you discover
|
n a m e of the Guidance Counselo ’ at that time?
A Yes, T did.
t , .
And that, name was Keyes .
Yes .
And I notice in this Defendant’s Exhibit 9, you
> ! r' ° r to an Otis Battery TO Test that you had taken in your
senior year, Is that correct?
. A Yes , sir, T did.
!% CL
V1>L! t & *■' 'no re l inn one Ot. t s Teat. In your nen1 or
_______ ___________ ________________ 116
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̂ • r» e? ► v*r> ‘ ’
THP COURT; What was the date in August?
THE WITNESS: August "2nd, : Q 6 9 -
THE COURT: Let me get this strairhtered out. I
had a recollection that earlier today \ou said you saw
vour file a yp ir and a half igo or some th.tr g like that.
THE WITNESS: Yes, I saw it before.
THE COURT: In other words, you have seen the file
twice, once when you went down this Fall and some year
and a half ago
THE WITNE'S: It hadn't been probably a year and a
half tgo, but it has been quite a while back since I've
seen it.
THE COURT: Some time between the time you went
to H-K C o m . and the time you wrote this letter?
TH E WITN F, S : Yes, sir.
1 ,p. MCORE: I have no other questions.
'HE COURT: All right. You may go down, Miss
Colbe *t.
(Whereupoi , the witness was ex
cused fror the stand.)
/40a 9
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TIIK COURT: Th' s night be an appropriate time for
our 1 v’ank . We'll take t.nn minutes
('Whereupon, Court was recessed at
3:20 p. m.)
(Whereupon, Court was reconvened
at 1:10 p. m.)
f)t i ry
MOORE: We would like to call for the puroose
of cross-examination at this time. Miss Mickle Hearne.
wr . CREGORY: Your Honor, Miss Hearne is not an
employee of tae cc mpanv, so I think he is making her his
witness by calling her.
THE COURT: Has she left since?
MR. GREGORY: Yes, sir.
THE COURT: Well, that won't make any difference.
Now, there night be some question as to whether she was
a nanaglng ament. It appears that she is the managing
agent for the purposes of employment.
m r . GREGORY: She was Personnel Director.
THE COURT: We have ruled that you can't fire some
body in that way —
MR. GREGORY: She was not fired.
THE COURT: Wei], this is the logic behind it, that
1t is the statute at the time of the transaction rather
than today that determines Rule H P . Again, it being
Ilf
1 non-.l ury, it doesn't make a whole lot of difference.
2 "Hi: REPORTER: Did you say Rule H2?
3 4R. MOORE: Rule >:3.
4 Iiuj Clj:,T‘T: r cover can keen those numbers straight.
5 THE CLERK: Tip here, nlease, Miss Hearne. Raise
6 ..vour ~1rht hand, nlease.
i
n
7'’U do solemnly swear the evidence you shall
8 ■live In the Issue Joined tefore this Court shall be the
v ruth, the whole truth, and nothing but the truth, so
10 heir you Cod?
MISS HEARNE: I do.
11
I THE CLERK: Thank you. Have a seat, please.
13 oOo
14 rISS MJCKIE HEARNE,
15 called as a witness by the Plaintiff, after having first been
16
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duly swo-n, test1fed as follows:
17 |
« CROSS-EXAMINATION
18 | RY MR. MOOR 1:
19 i W>uld you state your full name, please?
20 | M . Ai leer. Hearne.
i?. ! i Ard do vou live in the City of Atlanta?
A. ~ {1 Yes, sir, I do.
“? 3 |
♦ present address?
: 4 I A ■ 1111 McLain Avenue, Northeast.
/ 5 And with whom are you employed at the present time?
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A Morrell Personnel.
Here In Atlanta?
A Y e n .
0 What- 1s your position?
A T am a Branch Manager.
On Se ptember J-t, 1966, were you employed by the
H-K Corp . ?
A. Yes.
0 What was your position at that time?
A I was pei sonnel Director.
Q How Iona had you held your position?
A In 966?
0 Yes .
A I think a year.
Q A year. And when did you leave H-K Corp.?
A In June of ’67, I think.
0 And was the reason for youi leaving H-K Corp. a
disagreement over their employment policies?
A N o .
0 Whet, was the reason?
A '"here was no reason.
Q ' on just wanted to leave that comnany ’
A /bso]utely.
Q As Personnel )i rector, what were jour duties?
A To recrult, h re and train. I supr ose I had
120
another function which war customer relations. If you want
re. to snell It out, I would say I did the recruiting, and
tuo.y were hired based upon the Department Manager's approval.
iI
4 J I orlv recommended.I
• ■•'■•cess fo-’ 1 * • ■ ’ n •. i: that you would recruit,
I
° j Interview the rrosof ctive employee, and based upon your rec-
i ; conn o n d a tion , the emplovce
8 ! head i r- that cornf ct ?
9 A P rrht .
10 Q Di d you have an
11 were Pev,sonne 1 Dir rctor at
12 A Yes , sir •
13 ■
Q Who wa s your ass
*\ P P •-] a Hair,all.
IS 0 And was she your
16 a
f\ Yes •
17 0 Do V r U k now Miss
18 A ves •
19 Q ’ as she omnloyod
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h< >r>? t o r ?
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? 1 0 f nd what was her
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A ■• f « r1 . * < ' * > o p ^esidei .t
25 also but , if you ire askir
e L
another funcl
m o .
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think that was It.
V n 0 ' > *'' o
a rio..
She.was
A Yes .
0 How many
A I don't
And you
In that correct?
A vP? .
employed- by y^d? Did you supervise her?
o-anloved in a separate department?
employees did you have directly under your
remember. Directly under — let's say ten.
reported only to the president, Mr. Kaminsky,
rere any of your employees, as of September lh,
lpbh, me mb >rs of the black or1 Negro race in your department?
A In my department, no.
THE COURT: Excuse me lust a minute. This would
mean, I assume, that as for these ten, you were in
effect, the department head?
THE WITNESS: Yes, sir.
THE COURT: Was this the — what you might say,
office force?
THE WITNESS: This was personnel and customer
pelat 1 one.
THE CO UR"': It sounds like a lot of titles for a
seventy-nine employee company out there. It sound-’
n lot of' O VO l?i ) ■'** H d
M 5 < x ‘
i i hY
( )
!a c ‘' m n y , I -
u
has o ffice In No1.
Of,r.h--' dal Idi nr?
. o> r i r : r f •
o
o ! aa».'t Vrnow. 1 hnv- been with ny present c
4 ■ ; i n *■»[Tii nr It.to the- 4 -n rd ye;
q T■id pave officer ar, of September l[i ,
O
fineto,
b
i belie re they he cl a show room.
h!?d }■—K done business at 7 6 H Ki ami Circle,
;• ,-,f f ijth of - Sen- etnl o r , 1966? .
I don't recall.
fa?. a y e r r >
It( was none than a year, but I don't recall how
c
T1 v;a ?. severa years .
v'tder to no vine; o C -l f-!.1 anfi Circle had tht company
(
■ d factcT‘,-r !«• ; • 1» Atlanta*’
, y r ;} on off i ce .
■/ber thr of f1 ce located?
t;- ; 1.8.19 Per- ih: ”oe Road.
y.i:, t, rerei.v a a4 onlay and rales off: c»* cr was
, . *n 4 . v . 4?
-j :--;nu'''.r oi"bie c/ffi co . r. •). it woul :
i ■ - n r'-natrued a
r-( 1 ’ ‘ P V
-> V • ?rtera 1 o f f L e e
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T * Id be constru'd to be a sales office.
Q Were you with the c<mpany at that time?
A When they were stili at ifllQ?
Q Yes .
A Yes.
And did you hold your position of Personnel
nirector?
A 1 thlnw I went in as customer relations before
personnel, the staff was very small.
Now, In September’, 1Q66, you advert sed In the
local new: nanor for a pos.1 ;ion of secretary correspondence,
1 s that c< rrect?
A Yes, sir.
What were the employment conditions in the factory
thqt caused you to advertise a^ that, time?
A Wo needed an additional person.
0 Was that due to someone retiring, resigning or
dying, becoming disabled or an increase in the volume of
business?
A I d n !t recall tne reasons for the opening, s p e d
f 1 c a 11 v . I J ist don’t remember why we had the coening at
that time,
n Was this a new position?
A I don’t remember that.. fiA
1
2
O
vou don't kno r whether it was a new Dosition or not?
T -nu3d refer bad- r.n a letter I wrote and I am
’"•r would h there, but I don't recall off the
r> f* rpy
hao you had a oosicion of secretary of correspondenc
6 previous to September, .966?
7 A Oh , yes .
8 Q 4ow nanv no? it Ions in that capacity lid you nave?
9 Two or three or throe or four. T don't remember.
i0 Tou employed f-om two to I'our persons as secretary
1 1 c o rdespondence?
17 A Yes.
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taoe
W'nat were th' duties of secretary, correspondence?
A Take and transcribe dictation, type, answer custo-
1nqu1r 'es In writing and by telephone.
Q Anything else?
A They used an IBM, MT/ST typewriter.
What kind of typewriter is that?
MT/ST? This is one where!n they program onto a
the correspondence and through some mechanism it types
ack very rapid1y .
In other word: , the employee is given a tape and
npe is "im into a? IBM machine and makes a copy on the
UtJT. p, ’m letters, and you put together
I-ii?
f • <’"
whatever paragraphs suit the subject and it will type
't out a- t o^aticall v .
• w,S: i ne tares are stored and can he re-
; ^yu,]
by m . m o m , :
'.'as the majority of work done with these form
Wot "ne majority, r;.>.
Can you tell us 'hat. percentage of the time was
used in typing form letter ; of this type?
There were many 'orm letters to he typed, naturally
hiit when I was aet 1 vely lo iking for a secretary, correspon
dence , the person had to h ive shorthand because many letters
Inquiry had to be dicta-ed to a secretary. We couldn't
: i ava ;j sed a form letter.
Q I am merely asking you about the volume of per
centage of work that required the use of a form letter.
Would you answer that question, please?
A This is going to he a guess. Forty percent.
How many days a l e ^ k did the person who was lilted
as secretary, correspondence work?
A Five days.
What were the ho irs of employment?
!■: ight t h 1 rty to ' 1 vo , I think.
0 . Monday through F *ida.v?
126
1 • A Mondav through Frl lay.
2 o ro -.oev assigned -tenoral lv to the office or >.:o a
* 1 "h; ) rr r ur.r-trvi r or or management personnel person?
4 A They were assigned to one individual, a department
5 h°ad.
6 Q For whom was *he person who would have been hired
7
•
to ri ll the vacanoy that existed on September 1̂4 , 1966 been
a p s 1. gned ?
A The name of the individual?
1 'A
i0 0 . Yes.
A I believe his name was Stan Cameron.
i 2
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Q And in what department was he?
13 A He was customer relations, order Drccessing.
14 Q And would the sec *etary who was hired to work for
1 5 him also use these form let ;ers?
1 ;■> A res .
17 0 Now, In September of 1966, you didn t have enough
18 applications on file to fi1 L the position that you had for
• secretary, is that correct?
-y ,-*» THE COURT: I presume she wouldn't have run the ad -
2 i
» t
THE WITNESS: T was going to say th: t . That is what
I wou1d surmIse.
2 1 P.Y MR. MOORE:
phnw you Pla1n;iff,s Exhibit P-1 nd ask If you
-
- go 1 .m this as being a copy of an ad that '-as run by H-K
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S^ntemhor 13,
A I f.'.-iUi.i certainly say It appears to be.
Do yon know how many days the ad was run?
hot from rremor / I d>n't. I'm sure it Is spelled out
ii. a letter* I wrote to E')A.
Q You n^on EF.OC?
A Whatever It Is, 1 guess that's correct, yes.
0 Did you run that ad in the morning paper as well as
the afternoon?
A Yes, it would havo been. You don't have any choice.
They run !.n the Journal and Const 1 tut Ion .
THE COURT: It se»ms to me we have heard that
before in previous testimony in other cases. T under
stand it is possible, out it penalizes voi so much that
it is easier to pay for both of them and *et a special
rate, is It not?
THE WITNESS: Yes.
R_Y MR . vQORfc;:
Q Now, this is a correct copy of the a I that was run
bv J-K Corn., 1s that correct?
A It looks like the ad to me, yes.
Q And at that time, at the tire you rai the ad in
Sort--’ :hsr, 1 9 6 6 , did you have more then fifty employees?
___■; - .. ' . • ■; / " 1 2 "
I couldn't tell you that If I had to. I don't know.
THE COURT: A v dispute about that?
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_______ _ ___________ _________________________________________ 12 M
VP. GRKGOPY: Mo, sir.
BY MR. MOORE:
Q Mow, I notice in your ad here there is no mention
of H-K be^npr nr. equal opoortuiity employer, is that correct?
A I don't r?p any mention of It, hut I didn't think it
was necessary. We were.
Hut, you made io mention in your advertisemeits to
the general public?
A I don't see it in this ad, no.
0 Now, I would like for you to examine that adver
tisement very closely and tell us whether or not that is, in
fact, the only ad that you run for this position and whether
or not that ad sets forth the job description?
Well, I would never run an ad that sets the Job
description. We wouldn't have that much money in advertising
to outline a job description. What was your otter question?
Q That is what I was asking. That is a true and
complete copy of your advertisement?
A As well as I know, it is. If this is a copy that I
(•
had attached to my letter, it is certainly one and the same.
f And, Miss Hearne, that is the only ad and descrip
tion of tie job tha; you ever published in the 1ccal capers
f°' pcf'icc ■ • ** secretary, correspondence, is that correct?
A Now, I don’t know about that. If this covers this
ppeci'lc ad that T an at the time, I wouldn't know if I had
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T would have no way of recalling that.
Ho you have any recollection of having run another
At any 11 ie?
Durian Sp itember of 1066, for this position.
I wouldn’t have changed the copy for this specific
Ari you ire positive that that Is the only ad that
you ran for that specific job in September of 1966, is that
onlv ad T would have run.
Q Would you mark this, please.
THE CT.HRK: Plaintiff’s Exhibit No. 11, copy of
letter from Miss Mickle Hearne to U. E. Equal Employment
Opportunity Commission, dated January 12, 1967.
MR. ORKCORY: Could I see that, Mr. Moore? vour
Honor, the letter appears to be a letter that was written
to the Equal Employment Opportunity Commission. It is
understanding that any effort to arrive at an agree
ment as a conciliation o r the problem is privileged and
correct?
A ^or this specific job?
n
T would say it was very likely that would be the
130
1
2
forgotten what It savs. I was. curious to know whe’-e he
, , J \ t
3 • :,Tr,.0RE: I will state. whore "[ got It. I got It
4 fro.- ' the Do fen lantf .
5 THE COURT: Ycu mean —
6 ■ R. MO0RF: Tl rough discovery.
7 THE Toupn : Lot me say this. My • ecollection Is
8 thot. the statute says that those effor s of conciliation
i %
‘-ot to :)e revealed. I don’t know whether It means
10 not to the Cotrt or not. I have forgo .ten what the
■
1 1 statute --
12 UR. MOORE: I don't mean to reveal any any efforts
13 as conciliation at all, Your Honor. I would like to ask
14 this witness if she wrote the letter dated January 1?,
■5 on the stationery of H-K Corp. , which has been
16 identified as Plaintiff's Exhibit No. 11.
1 -7 1
i ^HE WITNESS: Did I write this letter?
18 j MR. MOORE: Yes.
19 THE WITNESS: Yes, inde?d.
20 ! BY MR. MOORE:
i
21 | 0 You prepared and typed the ...etter?
••> | A Yes.|
ca 1 *" '* \
t
On the first and second page of that letter, do you
!L I f *6 r t h a description of the job for which the Plaintiff
2S ! applied?
^ '
/■H o.
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A Would you rephrase that?
'n the first paragraph on rage one and two, did you
f. rth a d^r-.'-irtlon of the ! ob for which the Plaintiff
apnJled?
A Yes.
0 And do you indicate in your letter to the Equal
Employment Opportunity Comrission that this is a description
of the job that was nublis)ed in the Atlanta Constitution and
Journal? I ask you to refer back to page one.
A No.
1 Is the description of the advertisement that is set
out in your letter of January 1?, 1967, the same as the one
set forth in Plaintiff’s Exhibit P-1, which was run in the
paper?
A No, I didn't say that in my letter either.
I asked you, is it the same?
A Obviously it couldn't be. I enclosed a copy of the
advertisement and I said that the advertisement carries the
following Job description.
0 Would you read wbat you said in your letter?
A "The enclosed copy of the Atlanta Journal-
Constltutlon advertisement carries the following Job descrip-
t 'on."
Did you mean by that that the Job description was
the -or»e set ^orth In your letter?
ii T!!l-; r;ci'i'.T: I a re •" v/hat she meant v
o! >. 3 d ad vert i :• * -.
' 1 . » * •
or has tills no -
' I P })**> c mr-vv .
. n Pf T Tr' ' * . m t. WiiO.:: Th- v.’d 1 I s a 3 u .
o
i
’hot is. v;hat you ay you raid? 1
A ’es , that’s what nay in here.
nn; co:'”r': Well, actually, it could ... v i<%.
3 i t • ie hettor worded. 't says the advert: . ___ ,
the .1 oh dee.edption. <
’'■• 1 i , obviously 11 h . ....n »t
1’ HF, wr ho, 1 said — j
• rn t t V' p.J ’Vh.-y *r h advertised carrier ;.he f:.] icwinJ
,j o b descrip' ■ ion —
i THE w r 'MESS: ,/ouic have been bet or.
i THE COlJET: Tney nid'it. mark that with a red nenc.il. j
-3Y >’p r ’C O P v •
t ! l e t t e r ?
.uov: supplements did you e n d >so with thi.
It s h o d d 30.7 in hi-rc, shouldn't it?
Lend or; the last p a d .
eor by •.'.to use >f tie v;ord
e n c: j o. o •■. ci a con /» ... : , :■ ivorti ;emei t , a n d , if I
T ' ,u:clo.;e t n ccv:.y --- ho s h e d c o p i e s o f
- ...... ...
ill.
.: j •
' ' ■■"i. ak‘- only two attacnsrents ,• and t r .p first
r’ • ' '■ r--a ■}: '>nr , whj.ch Is appi ! -ation
n ̂ n t ap oe
o r . whi 9
A Th at
0 And '
A At ta
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And then the second attachment was --
A11
tes t , uh-huh.
Q And here is no indication that you actually en
closed a cony f the advertisenent which has been identified
as Plaintiff's Exhibit No. 1, is there?
A Yes, it says, ’’The enclosed conv" on page one.
Q But you only enclose! two supplements to your
letter*. Is that right?
THE COURT: As understand it, one i, the dietatior
test and the other is the ad.
v r . MOORE: The other was t .e application.
THE COURT: T missed that.
BY MR.: M;li RE :
Q In the first paragranh you ay you enclosed the
application pertinent tc that particu ar Job, is that correct?
A Uh-huh
Q And in the next oaragraph — not the lext paragraph,
note the next na^agr^ph.
r
i ... 7 - minute. T a-so said I enclosed this, so treat
2 1 r *.>'<.1 .
3 r, Thfn you enclosed the dictation test. There !■-
4 that loots like that is three there. So. you
5 „ „ not positive Aether you enclosed the adyertlsement -rom
6 nev;sparer cr not, are you?
'•J‘ | a well, for that matter, I am not sure any of it was
iS attached, hut It should have bee* .
u n On the n o m i n e of September IB, 1066, do you remem-
I
10 her receiving a telephone conversation from a Miss Margie
1 1 Colbert?
1 2 A Was that the day?
n THE COURT: The day before she came. Called for an
14 appointment, in other words.
3 5 THE WITNESS: Yes, I remember that.
16 BY M R . MOORE:
17
q And did she call you for an appointment ;o he
18 interviewed for the lob of secretary, correspondence?
19 A. Yes •
20
0 Anc during the conversation on the telephone with
t t 1 | vou, did she toll you vrhr t her education and experience had
- - ! been? i
!
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o« « ?he indiea ;e that she had gone to Massey
24 !
i s Business College in At la ta?
/tTfo * * * .
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3
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8
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indiea'.e t ’,at she -worked at Dabney -Funeral
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21
A fk. T don’t be LI. eve ah® d.< d . I think she told me
|
) that she didn’t have any offire experience. I think that is
|
what she said. She didn’t have any office experience, but
she had attended Massey. If she said she had any experience,
It was very limited.
Did you tell her that office experience was not
ahs<>1 uf o 1 v necessary for the j°b?
A Yes.
0 What was the qualifications for the job?
A To be able to take dictation and to type well, take
the dictation, transcribe and type.
0, Any other?
A No. Experience didn’t enter into it.
0 hid you then set u p an appointment for Miss Colbert
the following day?
A Yes.
What time was she to arrive at the plant to be
1nterviowed?
2 2 i A I don’t
•y yw J Do vou
2 4 j *1t' N o , 1 1
mi:t . hlii T "mi d->
’emember.
~ur.
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5
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p
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A
q
A
Do you know whether it was in the morning?
Yes, It was in the morn ng.
Was it. a no unci nine o ’clock?
I don’t know.
r,r, t fiP
Where was she when you first saw her at the plant
h of September?
A.
She cane into my off Lee when I first saw her.
Were you surprised t) find out she was a Negro?
No, she had already told me she was.
THE COURT: On the phone?
THE WITNESS: On the Phone.
BY MR MOOHE:
And when she first came into your o f ’ice, did you
i Interview her?
1 i
A fes .
r> Did you p-1ve her an application?
>' i-f i no: mistaken, she had already prepared an
arplic. it ion before I saw her.
1 show you Plaintiff’s Exhibit No. 2 and ask you if
thot i copy of th * application that the Plain :iff made on
Sep tern' >er 19, 1 9 6 6?
A 1: at: >ears to tie.
’’ d sue fill out that application in your presence?
D d you have any discussion with her about th<
'(0 O a
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application?
A I referred to the application, of course, as I was
I ri t e rv 1 ew 1 ng nfi r .
And did you have a discussion in depth with hex
about cr.r appli ation?
A Yes.
Q Aoout her bad ground?
A ies.
Q And what did you ask about her background?
A Well, of course, I can't remember the interview. I
go into a lot of de- th about experience, wore history and so
forth and so on. W developed during the in;erview that, I
believe, two aunts tad reared her, she had gone to Massey.
She told me on the elephone her shorthand and typing speeds
and, I think we discussed t)at.
Q
A
Q
A
0
̂H right. And hew long di< the interview take?
The pre-interview before she was tested?
■es, when you discussed her application with ler,
Fifteen, twenty minutes.
Was it longer that you ordinarily interview pro
spective employees?
A No .
Q Did you ordinarily ask them about their family
background?
A O h , yes. I want to know as much about them as I
/Cl a . W
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can.
1 no - ' -;e that you made no notes on the back of her
aprl1cntl.cn. Is tha ; correct?
A I novel* do .
0 You made no notes on the back of her application?
A 7h 1 • ■ n done by the Department- Manager.
\ ilov. , ild you t ve hinu Colbert any tests?
A Y e s .
0 And did you give her a dictation test?
A Yes.
0 What time of day was 1t when you lave her the test?
A Still Vn the morning.
Q Was it approaching twelve o ’clock?
A- I Ion ' t rememter.
c . Was that the next thing you did after you inter-
on h°r application, was begin these tests?
I
A Yes.
P, And did you dictate to her? .
A Yes.
0 And what was the source of the material that, you
i 1 r * t u t e i ?
A V/e had a standard dictation letter which everybody
-- wi J v . we administer*! to everyone.
0 did vo , get It from?
A T Ifir 't ree-a i. I believe, from IBM, but I don't |
139
4
5
1
8
11 if that, is where I got it.
0 Bid you have more than one letter?
A M o .
Q It was one letter?
A dame letter war administered to everyone.
o And d* 1 vou also administer the tests?
A 7 n r assist <a nt .
Q Would 1t be more usual that you or your assistant
10 ( ass 5 st
11
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A
0
l 3
:
! common
16 i!
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would -- would It be more usual that you did it or that your
t did It.?
We c1d It as we could.
But, T am asking you whether It would he the most
ccurrence for you to do the dictation or your assist?
io the dint a*: * on?
A Well, depending upon the number of applications, I'd
say we shared it equally.
Q What about if there was onlv one such as on
Bert ember 1 A , 196 a?
A I didn't administer these tests just because there
wan or.e son Meant. I am sure we had fdditional abdications
that day. It was probably that I tailed to the .applicant
that was sittl ig In f’-ont of me on thf phone and I thought I
i 1 d the o; • t speak with her.
24 111 0 You
1 S i A Yes
!(,
9 ■: <1
............ ......................................i_4n
Yn-; co11 ’ d have delegated it to your assistant?
"' 'v • I didn’t us :ally delegate it to her "hough
‘-OW long did i : ta :e to dictate the letter?
4 A F 'tr v ° her dlctati >n foi three minutes.
5 wor three minutes?
(S A h'h-huh .
nt Ana did ycu determine whether or not she was getting
d ! c.a t i van .
»> . A I asked h r if she was.
10 p ■ 'dv'at did he say?
11 * "Yes."
q And after you completed your dictation, did you have
n h e r t a k e some more tests?
<4 A No, I asked her to go out and get a typewriter and
l S t.ranscri be the dictation for me.
16 i
O You diin' ask her to read it back to you?
| A N o .
A O r> And did you take her out to the area where ch*'
<9 j t" vpnnrr» j £ers were or did somebody else?
20 1 A I did that.
1 l 1 0 Did you give her paner?
t•> 9 A Paner.
’ A C) And a machine?
• r\ Uh-huh.
Q And did she tjpe the letter
....1
/ U 4 c \ .
m
1 A She tried.
2 ') . How long- ‘id i t take her?
■> !
dld'i’t tine ner. T don’t ev^r tine anyone. I
4 that if someone car transcribe dictation, if they can
5 1 •• /j ?1° 1n shcrt order, I don’t know how long it should take
6 someone to transcribe dictation that is dictated in three
t
•
minutes.. There was no measure. But, if you refer to the
letter T wrote, 1 t link I spelled it out because it was fresh
•n mind. This is some, almost three years later.
10 You don’t know how long it took her* to do the di c-
; ■
4 r> t i' ■ p ?
.
12
.
•
A I know it took her longer than it took anyone else.
10 Again I ask you to refer to my letter because I don’t remember.
14 I know'she — it war apparent she was not being able to
1 5 transcribe it. She kept asking for paper.
16 Q Were you present at the typewriter where she was
•< *7t / tyoing during the time she was transcribing?
1M
•
My office — she was sitting directly to the side
• of me. "v office was glassed and I could see h*r.
20 n. You could see her out of the? office?
| A Yes.
7 But, you didn’t hear anything she said while she
;
2 3 j
i
was sitting there, did you?
12 4
4 j
A . I neard her ask for more paper,
v . ’Who did she ask for more paper?
KSci
i
142
AN.vb'viy who was sitting there. I haven’t the
•vcrc •vou do1ng anything else at that time?
1
■ *■ ! A • 2 e r , . I was on the telephone. I was going along
5 | with my n o m a 1 work habits.
< » Q So, ; ou weren't just watching her?
4 Ar i O'h, no, indeed.
s
1 °
rid she complete the dictation, the transcript ion?
o
• A M
± X U .
10 Did you stop her?
i 1 A I stopped her after three minutes.
j i *L Q You stooped after three minutes? I am talking
1 3 si out t ie transcription. Did she complete the t ranscriptlon?
14 A No.
1 5
Q Did you stop her while she was still typing?
16 I
!
A Y pc;
? 1
« / o ■. rM she five you a finished letter?
18 !
' l
A This appears to he the letter.
i q : 0 Plaintiff's Exhibit 4.
2 0 |
i
A It appears to be. That looks like my h mdwr!t ing.
2 1
1
o Did she complete the letter?
1
■> 7 i
1
A N o .
I
■* 1
i
Q Did she t.vie everything that had been given her
> 4-**r ; • * 0 p* f *r omissions?
2̂ ! A Nay I look at this?
lkU: "
• “r * ' ’ r,he type this except for omissions?
Y-r- .
"vr?r’ tolil ’r‘̂ T ’-?h.at her score was or. that
. .■ u. what sctre d-,.> made on dictation and the
iP3> 1 aid. I didn't tell her what score, I told
-a
i j nor ;Or!f, did not tn.ke dictation rast enough to transcribe this
>< otter oroperlv There were paragraphs left out, there were
9 ''"Inns that she didn't get. These were all poir ted out to
10 d r , but there is no score. You either can taka it and
*■ transcribe it or you cannot.
l l ° There Is no passing sco’-e?
* - A In dictation?
14 0 Y ■»<? .
15 A Yes’ there is a pass inn; score. I'm sure in the
16 f,les in personnel files of the employees you woild find
17 where maybe there wouldn't be more than an error or ;wo, and
j ‘ " U'ir‘ e r - a 1 n 1 y think that is nasslnt. This was n 3t oassin^
I ^ You consider that not t > he oassinc?
I « v , _ i1 A • a n d I toic her.
21 1 0 About what standard?
1|
1 1 j A The fact that she could not take dictation in the
2 3 ; ap:.■ o i n ted length of tine, nor could sb» transcrite it after
24 sh. took A +-
s Q .■ind toe writing that is on the bottom of Plaintiff
2
3 I
4 !
r i
6 ii
7 i
8
9
10 |I
i ! II
i 2
1 hxhiMt. h .Is your handwriting, Is that right?
That is right.
THE C3r,RT: How about the rest of the marks on it?
TIP WITNESS: Thos- mine, also.
' R; : What does that mean?
:I!ii " j TNF:s:’ : J:he came in and said she could take
snorthand at 120 words and she typed between 55 and 60
words a minute.
THK COURT
marks on there?
Ixcus- me. When did you put those
13
1 4
15
16
t —*I /
18
19
THE WT™ SKS: At the tine I told her the
dIdn’t pass this. I a;ked her what she had told me her
shorthand and tyring speeds were and she related it.
■?R. "OORh: Shall I continue, Your Honor.
THE COURT: Yes, sir.
ftY MR. MOORE:
0 Now, <iss Hearne, at the point at which the Plain-
" nn" h° dictation and the transcription test you
j 'n*d ' fu”ther ° Anvers at i an with her, is that right?
A
q
A
ves .
And was that in ,vo ir office?
• es .
? And at »hat poirt jou brought up the natter that she
W 1 "ad h"*n. • 3 3t Massey Business College ir Atlanta?
A Ye' .
i.;
10
1 ).
1 3
< <i -r
1 5
16
17
1 8 j
19 |
20 i
___ ______ _________________________ 1^5
‘•r i 7 you • sked her about the fee that she raid
* '.II v
A T certainly did. I said, "You have Just comniated
this course and you stated to Tie on the telephone and o-aIn
in my office t! a* y<u were told by them this was your short
hand roe-.-,-! and tills was you • tyoing speed, and it is not
reflected here In at at you ran do. How long d^d you go?"
And, s he told !fn, or 1 I said, "How much did you nay for this
course?" And, she told me. Ami, I said, "For heaven’s sake.
And you have Just completed it, and here you ctn’t take it
or transcribe it." I had already determined that she was
reared, in the initial interview by some aunts and we dis
cussed it at great length, the time that she had made this
expenditure to get a better Job or to acquire be’ter skills.
And I even made some remarks about, "You should have gotten
more out of this than you did."
Q Anything else?
A During, our interview?
Q About Massey.
A N ), nothing else about Massey.
Q Mr,*.', at that point, the point where Miss Colbert
! a 1 fi.nl she 1 the dictation and tyring tests, you had the
lecision if you wanted to refer h<T to the oerson for whom
*o /** uj'D• ’ ■ • v,fOT* ' 4 5>n 1 fc that right?
Isn’t a-- to.-t point.
M , .
I •*.
I eouidn t refer ner
146
/ |
h
4
5
6
9
! C
> <:r.r.•! r.*.-• r.r t • o .-.m icnowi nr she c oulin ’t take and transcribe
) ••• ,! . • . • • . r.',t ')ua,j 1 1 ee for that job.
') A'-" you t . 11 f\y 1 nr: that the reason you did not
r« !v- r her -it- ♦ ha*. time Lr. because she did not transcribe
.-.or i s 'ait-O -1 ] v f • r you?
'7er .
a ► ■ -it t h e r e w a ° 'it.tr'” r e as fin w h y y o u ,1] in' t
r:" ■ r her at tha ■■ *" ime?
A No other reason. But, remember, I said, "We nave
add' t Tonal jobs here. V hile you can’t be construed to a
:?r r retary, let* • see if you -- do you want to look at another
jot, a clerical job,/' at which time she .said, "Yes"
1 \ 0 ' D i
1 X j A ■,7e
!
' Q ;
1
Q A n
I
i
16 I
.
o n S e p t
* e m b e r
’ 7
‘ \
! A W e
I S j t a l 1 n g
»»
1 9
a . W e
v '
V:e a e point? to get to that. Could she have been
o '• t 1 4 , 1 Q 6 6 ?
• 'O-’-T; Was it physically possibl • is what you
It; other words, if you had de ermined her
was there a pealng she could avo r ~ !
'ork-ty* 1st?
1 T r:’NhSS: Not without taking the ests.
1 v *r' R S •< "! D1 .
a:
K i o , *
14/
0''"r'T; Tn other- v/̂ rd.*' , there wan a Job orpcr " 1
3
i THE IV177IED0: Might.
4 ! ' " y n MOORE :
5 I ^ You did have an a,ra!la )le dob onncrtunity on
6 ! „
|
— Wi *“ ' > ott°" than to * general ccrresnonding secre-
7 i t n r .' ?
8 A I n»VMr would have mentioned it if we hadn't.
o Q And di i vou mention this in the ccaversation with
10 Mi Colbert ?
11 A Yen .
12 0 And van vour purno.se in having her tak* these addi-
13 t iorial
.
tea ;s t< do teraiine ! f she could fill she . ob as a
14 clerica i r ;rson?
„ A '’pc
.
1 8 1 ) Jow , you suggested that she take ran Otis S e K -
1 7 Adrni n. sv '"- red '"pst , is that right?
IS A Yes .
j i.. a And n If; F. Personality Test, is that right?
20 A Yen , I t.h nk that is what it is called.
)
0 I she w y au a copy of it. I show you Defendant’s
•T, !x- .. | ': it 0-1, whi'-h s a blank cony of she Otis Self-Adnlni s-
“ j i n g i Of*, O f* *,/’ n tal Ability, and ask you, is that the 'wind
1 r* . ... * *■ ' 4- rive 01 r s 0 ■' ■ • t. ?
i l ia
1^8
i * /ncM.y th* 3an* as the one you administered
3
4
5
<S
7
U
11 !
A Oo p s my letter sa^ Form A?
Q You v/ere only using Form A, Is that right?
A Whatever I said in nv letter. T don't knew whether
It was Form A.
Q T shew you Defondant's Exhibit P w h i c h Is a 16
n • v . ’ersonailty Factor Test and ask you whether or not that
's a o<pv of the test you administered to the Plaintiff?
. A Y e s .
Q And the purpose of administering each of these was
1~ to d»te m i n e whether or not stic was suitable for clerical
13 employment?
14 A Fight.
i -* or-J Mow, how long did It take the Plaintiff to complete
16 the nti s Se1f-Administe ing Test?
« —» i\ Tt pays right on here, but I will have to find it .
i is Tt - * t ̂ . . .
■
- 4 _ , , A . ,i I ’-A V ' ' ' .
Q And how long ■oes it take to complete the I6 P . F . ?
20 A ‘>nl.v on* part Is timed.
i 0 tfhat rart 1s hat?
A* ** A let 1 ; see . I beg your pardon, this one is not
2 3 11 Tie ! It ^s m l v this one. Thi is not a timed tes
a! *4- 0 ' The 11 n . F. Ls nol tim'd?
2 ̂ A This is the only t-1 med Jortion.
149
1 ° Mo '’on kn^w what t 1.ne of day the Plaintiff completed
i x k ! i ■ L I jo r •
l l r i% iv̂ ; I thin,: ~ •
It war late in th > aft.erne >n, close to closing
time, wasn't It?
A. M o .
9 ihat time was it?
A I Know it was not late In the afternoon at closing
t i n e because I think I made reference to this in my letter,
1C j to the fact that the warehouse nanager was either going to
11 | lunch or either coming back. I was taking her to the bu -
3ton.
0 You were taking Miss Colbert to the bus stop?
A Cl nee she didn't have a car, T volunteerec to do
so. Sh° d-idn'^ have a car.
Mow, after Mis' Colbert- was finished with these
I
17 i psychological tests, did you have any more conversation with
1
4
5
n
7
8
O
!
12
14
18 h e r> ?
19 A Yes .
|
Zg o And v a
1 : !1 H- . Corc •
j
22 i A I do 1
23 : b o my office a
i*> < ! iA d hf't'o she had
• ro o v *-
And vas that conversation about employing her with
recall my exact words. I brought her back
•'73a
iso
:'he I M n ’t have a car and It was a long ways to the bus line
' i r v o u M b n "lad to take >er.
’ ‘ "••Jke tils .;t ater.ent to Mi: s Colbert, we
' u’ i r;e r' ; e "ed to offe~ her an opportunity to become an
-nrlo.yee of H-K Corp. In this position? Did you make that
statement or any similar to ^iss Colbert?
TP I did, T would have added, "If you pass your
os'
All rlerht. Now, I show you Plaintiff's Exhibit
“ ' ; <n‘̂ 'V;K to loo!: at pap® three, the last paragraph,
anu see if you made sue 1 a statement to the Equ?1 Employment
Opnortunity Comm1ss1 on.
■' that Is Just what I said. I sincerely hoped she
passed the test and that if she did meet our standards, we
-would be pleased to offer her an opportunity to become an
employee of H-K.
Iti tills position? Those are your words, correct?
A Which position?
O Ytiou used, in this letter, "this position", didn't
you?
A N p Ij , tnis would lave to go back to the position to
-h!ch I referred (Referring to letter.)
Well, ' said appear — I told her because of her
Inability re take and transcribe shorthand she did not meet
*’-v-' — an lard required for a. secretary Then I mentioned a
HHci
151
1 1 ) r. n ̂ 1 n'ro 1 ' '
i
z ! « •' i ’TO U \ O T; t n 51 % ?
ii • . n r if . 1 r> no r rfer-'noe.oade to the clerical job.
i
a- ' ] r • • v; ■.... - 1 n mv lent, er 1 have said she didn’t meet the
5 stanhard r,o he a secretary.
6 Q -it, 'n this letter vou make no mention to a Cx/eri-
n1 cal ,'ob Is that correct?
' .A
1
T dor ’t know now. will have to go back. i ’re it
V
IC
1
i1 ■ )11 Whf t i>ago is It on?
11
|
1 A Page thrce. Again. this could have been stated
better. ''The writer stated, although she had not passed the
j .secretarial skill requirements of the position available,
would she let me administer a battery of test: which were,
'm fact, a requirement of this company toward hiring, and
Colbert stated she wculd take the tests.' What is left6
i mi, of 'here, Mr. ’'oore, is "for a clerical position".7 I ‘ ' '
a | o hut. that is not In the letter?I 'io : r rt Is not in the letter.
20 And you wrote this letter with your advice
2 . oounsol?
*> y A ' No , pip.
2 t q And with the advice of .voir psychologist?
? i A No, sir*.
x > ■ •t the last rage of the letter.
1 j A i sal ; they have reviewed It. I said, "The con-
2 j V r. r-, t-. - - Oj •* ... j ̂ escort hav * been totally reviewed arid counsel
3 o f r * i ov -our r0fripany p 3.vcholor.irt and staff of attorneys,
4 s n ■■ *■■■' t ’. a v r 'incur this information is both accurate and suffi-
5 c i e n t t o show no »ct of iiscriminet1on." I wrote this
(1 my r e L f. I
7 Q 0,0 • VOLl -"rote It with the advice of your counsel
8 and your nsvchdlori st, isn’t that correct?
Q 1 A i d .dn t say that. I said it has beet reviewed by
1 i > thorn. •
1 1 **N And they concur?
i 2 But, it doesn’t sty they offered advice.
13 ’
Q \ They - concurred, expressed an opinion to you, didn't
14 they?
1 5 AH Yes, they expressed an opinion, but it was not any
i 6 | advice of'fe^ed •
17
i
0 "Aiss Colbert left the company and you told her that
i8 j you wouV: call her?
!IV | A Indeed I did.
■» •« ... V ’ o’ You never called jv Ss Colbert, did y o u '
■** < • A She called me be To e I could call her.
2 ? Q And did she call you after you had received the
2 * i
results bac.A fre m the psychologist, Dr. Shephard?
1
> i*- T j
A Ccuid I refer to that letter? I don’t remember
j
1L
whether I hid It that day she called or I had to call her
'ff.
153
e>
back. I do i * t remember.
V/-.. q.- • rem?r!ber?
Hew c."you remember three years ago?
P- vou remember telling Miss Colbert that she
} didn't meet the Intellectual requirement?
A Yes .
7 I
i m
1.1
12
n
14
1 5
i 6
17
18
19
And was this statement based upon Information you
mot from t e psychologist?
A I don't remember st iting to her she didn't pass
t‘r Intellectual requirement. I said she did not pass our
tests.
0 Your tests?
A Yes.
And were you referring to the Intellectual or the
nsychologlcal requirement?
A This is one test. These two tests make up a bat-
And you were referring to those two tests and not to
the dictation?
A She already knew she didn't pass that. I didn't
2 1 have to reiterate that.
22 0 And your reason for not offering her employment
1 } ! °rTsortunity with H-K Corp., when she called on the 17th of
24 | September, 1966, was because she didn't pass the Otis Self-
:> Administering Test and the personnel test?
/ t ^ r j
/ no.
J
4
5
’JO ’ ~'r ' therp was one other thing she didn't pass.
4 What was that?
A t h o dictation and the tyring,
Q- ’v’as the reason yiu didn't offer he- the typing Job
because she didn't pass th test?
6
! A Yes .
n 'O you know Dr. Hobert Shephard?
i A Yes .
c> Q Hov: long had you knovrn him?
io A Sllc* 1 had been with H-K, about a year.
11 o Di 1 .V°u receive any instructions from Dr. Shepherd
•in ~ 1v1ng tests?
13 A Brief instructions. Dr. Shepherd evaluated the
14
I tr 0 s tS . The tests were not graded on our premises.
IS |
1 0 But, in any event, you received brief instructions
> ✓> 1
I
nr Shepherd about giving these tests, is that right?
7 i r\ In the administration, yes.
i h Q rM d he tell you hov; much time was tc be allowed?
iy A Yes.
20 ! 1 q And that is all he told you?
I
j * i
i
A Yes .
-> - 1 ' 2 j ■ 0 You were an employee of H-K Corp. on September 1 ,
3
j
10h< who n vou gav*-’ these tests?
, j i A Yes .
- ■> Q You were rot in the employ of Dr. Sh 'pherd?
I7U * ;
i A m 0
?X/
t
i
i
i
n Y°u no agency relationship with Dr. Shepherd,
4 hh ■' OPT: Ycu Weren’t an agent of Dr. Shepherd's?
S THK WITNESS: No.
6 py MR . MOOPE:
7 Q Now, when these tests were completed, did you mail
e the-;1 to Dr- Shepherd or did you take them to his office?
o A '■’"ailed teem.
10
-
Q And he sent back the results and the tests, didn't
li he?
12 A No. He did not send back the test. He prepared
13 for us an evaluation on the individual.
14 0 And that is all he sent to you?
15 I A . An appraisal of ; formula of the person's intellect
16 ! a n d he would recommend whether or not we should or should not
!17 ; h i i'f • ’•'O always followed his recommendations.
) 8 ' Q Have you seen the tests that were administered to
IS) t h o Pin 'r;tlfr s.1 nee you mailed them to Dr. Shepherd?
{
20 A Whi1 I was still at H-K?
1
31 ii Q Yps .
A Mo, he di in't mail them back.
. ̂ i i
0 Did he bring them back?
1
-. i A f o > thPV ^ r e retained in his office, I believe.
n D1d ever request him to return th > tests?
1H
r>f
A
7ou dll net? What lecame of the tests?
A I had no Interest in knowing.
Q And your answer is, no you don’t?
Mo.
Mow, Miss Hearne, this is the first time — that is,
t:'v' time you gave the tests to the Plaintiff here, that you
had actually administered psychological tests to a prospec
tive employee, isn't that right?
A . No.
Can you name any other employees to wnom you ad
ministered such a test?
A All employees who were hired by H-K Corp. up to an
appointed time which is spelled out in that letter, I admin-
* at- rod all of the tests to those people.
THE COURT: I think the question is, cid all em
ployees take it?
TIE WITNESS: Yes.
THE COURT: And you administered them co all of
t hem ?
'i'.'Z COURT: During the year?
HI WITNESS: I or my assistant
way I have the Clerk’s file a second?
2 !
’ I;
4 !
5
6
7 !
8 I
•> I
io i
.’On r-
Ci;ERK: Yes> slr- This is one exhibit, Mr.
~ 0 RE: Ri ?ht .
: l "J C[j!,,RK: F' r‘ identification, Plaintiff’s Exhibit
Oroun of applications for employ-r i p - h t . , s i
nf*y if-
11 |
i
12 |
13
14
15
16
I. 7
?(i
■> i
*> 7
HY . MOOrp •
Mlss Hearn° ’ 1 *how .vou Plaintiff’s Exhibit No. 12,
WV' ’ nrinlU" T;lon3 for employment and there are twenty-
tW‘> ° f t h e r n - These are People who applied for position of
secretary-clerk and the other clerical positions with H-C
W° n ;',eptember 1^, 1966 and, I think, November 6th, 1966.
Would you examine and see if that is correct?
Well, they are H-K applications. I am reasonably
certain they a ’e correct.
Ie t iere anything to indicate that any of the
0*V!*0n* "thC>r than tha Plaintiff in this case were required
ot3n ^elf-Adnlniste 'ing Test and the 16 P. p.
. ... e<̂ September 14, 1966 and November 6, 1 9 6 6?
Is that when the preS .dent stopped it?
th°ro anything on ,he apollcation to indicate?
23 I
A
0
rr,hat they took the tests?
Yes.
A No, the-e is nothing on the application to indicate
!t heCause they wera Kent in separate files.
W a -*r:
158
• ht. 4■ey took the tests?
v ,
• * y v v know Mr. Kerr eth Bourman, B-o-u-r-m- a-r,?
ft i e r>, O ̂ VIb 1 i •
Q Vo r\ was employed as the supervisor on March 13,
; ■ o u remember him?
A Y<-> s .
' w ■ro- not require • ' ' tak“ the te ?ts?
A Yes, he was.
Q r» t.clS
A He h CC<rt
' Q Do you know Mrs. darbar; Bonata, employed as a
eta ry In Cecember of 196^?
A p rb ira Bonta, 196^?
p y b
Yes , sir, I know her.
Was she required to take the tests?
I don't know. That was before my time.
you know Mrs. Ethel Fulkerson, F-u-l-k-e-r-s-o-n?
Yes .
Employed as a bookkeeping clerk, May 1966?
Yes .
3he ’ '.n't take the test, dirt she?
" ldn't have ter. tr.ere unless she was requirec
the te s t .
A
o
A
Q
A
o f* n > r
i (/■'
i $
•
IPO
>f.her clepical employees?
>t sure -N O.M ir
1 i1 ' \1 Vfr%PQ ‘ r ] s f r ur>
L j ■ T ' “• ’ he-- « . esis a
1 a Y O S .
6 i oi. •** [: 3 t, "•/ 3 S t h p • #? 3 SOD T
7 ) *■ hey o t too :■inch mo
o o t r «f! t r. c-i
Ho .
■> *'
o An :, ' you .3.• ■ Oi 4- V' .j»
i j •> f'f op ’pu p;ot 1. pr: 1 ri’et i 0)it from
.■ ; t f\" t,«? 3r:v more?
! J
A
N.o.
1 4 Between Septemt er m ,
15 the Prot-1 d^nt 0 f the company tc.l
16 anv mo: or, Sept ember ?6 » 1 -)6h,
r; •'ir>v other nerse other thf0 the
i *e administered t lOS 0
| V; ere to ).d not to do so.
i ,/ °.m aski op you ̂H - ■» - i V
2: 1 v v ner * other' than the p hi r;t
! i 1 ? \ 3 0* 0 d r» e h 0 ; 01 d ,:s no*
« > "’•etween to » liith oh ?
** f ! ;r.h ;t • \rt 1 P‘:> toot 0 to any O'* '**vr)r)
correc’: ?
tes ts
-5 up until the time we
, 1 .11
«/;. - k, \ L '/ 7 -c
161
-7 T ion *00 >'«j p r> f ners on’s name. The person we
\ ■ ‘ red I n ini nl.st ered the tests to.
9 Kiss 'earn'1, you did not answer the Plaintiff’s
5 ■ n d 4 '\v>o v r o iT rtory. You weren ’t emoloyed at the comp? ny at
>nd Interrogatories were filed?
Vh . 10 0 RK, ; Ma v w e h
i ) Ho 'one un on ! ec , pleas a?
10 TMF CJLKRK . When 4 a s
1 1 ‘■ IP. MOM RE; ft ahoul
12 1 ^ 6 1 .
.1 3 T.JF, C01 rP T * Could w«
1 4 th- deposition?
̂7TT CEROORY r f- |
6 ! MR. MOORE: M ry I ha
7 ! HY . MOORE;
ft should have been filed September 5th
lb 1 ' ’'Iso Ronrne, show you a Xerox copy of your depo-
19 j ?1tlor. and I am roing t > ask you to look at page y the
?.K j ''.lontng beginning a: line eleven, and ask you whether or
nor you. p-t ember that q lest Ion having been asked to you at
1're elover , oar* sixteen.
A W h e m it is underlined?
1 - '■ !.:'S d e a m e , would vou s oeak u p , please?
Dm - .you want me to read it? .
/?5 a
* -■#
162
M»' . ar-v;rjr»RY ; ume he was asking you to read
J O j
I 1 f
I I :
i
" llI1 £ !
f * .
I 0.1 1V . Moore asked you to read it
MR. MQQ :E_:
recognize th°t question?
A Ion: An.l was the memorandum dated January
x' • - ' f>- ; ̂ United Stater. Equal Employment Cnpor-
t un i t y Commission orepared with the assistance and advice
o:- counsel?", and the answer is: "Mo".
And how ic you reconcile your answer with the
ter,out in vcur i«tter of January 12, 196? in the last
■ a gran h o f vcur J tt.pr,
I stated it w'.s reviewed.
A n d concurred in?
• • ’ d I ise the word "c^'icur"? •
! h You deftn
17
1
A ■Ve t1 t c
18 ' as-.»str nc e and a d v 1
.Q T ask 'C'u
Yj 6s it't n n *v ’• M** *| 5 p ;i f' o>j i ̂ y*
■» n,,i- cnrrp^
>2 P V-ay.
2 J rTr-> w rvfo
j i 11 O'-' four*.
Excuse me, I think you took b»r copy
I ’n sorry. Page thirty-four, beginning
lC is true, is It not, t iat some
?/
i X & x
163
1 wet ?. v - * wr «r>pll''ants w^re interviewed for this position.
*' f *I . V 5 WO;. V-fWO .
■■eo
b
1 '
1 4
1 5
I A
1 -
IS
19
20
I
A* 1 And tret was hotw^en the dates of
nber i •'*, 1966 and January 1?, 1 9 6 7 , is that rigat?
A. And my answer is, "That seems to be correct".
fln'd were next ask«d, 1 1 ne t°n, nape thirty-four:
is '.rue, is It not, that Miss Colbert was the
onlv arc 1 leant subjected to the battery of tests."
Your answer wa:: "And the reason frr that, Mr.
.’Moore", and m y question was, "You haven't answered my
question /et. " And your answer was, "Let me be sure I
can. Let's see. Miss Colbert came in the office on
^*>rtemhev 1 • , — she came in Sect ember. 14 and Jones came
In-on September 2 6 , yes, because the rest of them came
in after th- President said to stop the expensive tests.'-
I.- tea- correct? Was that dour answer then?
Yes, because the President — I never did get that
?TV hpad when he asked that the test batteries be stopped,
cut it appears that tne hiree came in after he determined
t 'n p ~ w p would • t administer tests because of the cost.
I’HR COURT: Let me understand the answer. Is your
answer- that of the twentv-two applicants, she was the
only one that was administered the battery of tests?
TIE WITNESS: ho, sir.
164
THK CO'fRT: Well, that Is what It says.
WI : MESS: Nr , sir, that is not the way It was
meant. The person we lired was not tested because she
c a- •• * - * > - r h** Pres ! dent. issued the ultimatum not to
t e r t .
-V f.tq ’;tr*r) .
0 1 show ym the application of this Margie Allman,
d a ■ <=> d -- - f 6 and asl If you neeognize that as being an app
cat. ’ on t• at ■mu j•*•••?. 1 ved iu -1 ng the time you were emnloved
fo r> p 9
ta Yeo
0 dew , t ere are sene notations on .his test. Are
.h.' • e notat i. oiis placed thei c by you?
A Yes •
•/hat d'»es that mean -- "did not test, has admini
t<=> red — c
ft ias a 1ml nislered our tests . Thi s lady was in
rersonn i ana ha 1 administered t he tests that ? wanted to
- ’ ■ 1nir•o r to ’p p r* #
o Put ne wa•; not rrivew'. f V o f pr* f S f* Pi v» o c p ] ,0 ’ i rn p pi f 9
r, J* T ̂ > :-r considered .
■'hat r 11 * on did she apply for?
H ;' 0 1 * •\ rcret ari a 1 nos ition.
And shr was net. given the te sts?
T Aus’ - old y e n why.
? S'
165
i i ■ ° ’hi ‘ ,v'■ ■ ” a n s w e r 1 r .
£•Icr:
3 i
| 1 S V C 'V V)U t h e a p p l i c a t i o n o f J e m W . W i l l i a m s ,
4 i dr-veri — 1 j • •• _5< n n d t w a n t y o u t o t e l l u s w h e t h e r s h e h a d b e e n
» 1 'I .Or’ tnr- 1 '. p ;■■; * •
6 i
|
V p, r~- o ̂ b e c a u s e r r v e n h a v e h e r __
7
b 1 r> t- * —
■ n q * ’s * b e r a v e cel o r ! c a l t e s t s , t h e b a t t e r y o f
k j f\ V rz> c*• K> ) • ■ v e r '' r n e v,r a s .
»■ r> * £. o - h e 1 ‘ t h e t w e n t y - t w o a p p l i c a n t s .
i i A W e l l , w h e n d i d s r c o m e i n , ? - l 6 , a n d w h e n d i d t h e
il P r* o r* * | ̂ vj ̂ 9 3 k U s t o p ? t c a n ' t r e m e m b e r .
! 3 ■g T h a t vas b e f o r e w i n s C o l b e r t w a s t e s t e d .
14 . A W h a t ■jas t h e d a t e ?
! 5 S p n t G ^ b © ! * 1 f
16 A T h e n :his o i r : w o u l d h a r e b e e n t e s t e d b e c a u s e s h e
* "7 ’ar: e in r r f L o t h .
l S j ■'■’•it y o u h a v e n o r e c o r d o f h e r b e i n g t e s t e d .
o A p ' r s o n n e l ^ilr- w i l l i n d i c a t e t h e r e c o r d .
;0 ' fl! f* ft f ’ v o u h a v e n o 1- •« un a n v r e c o r d o f h e r h a v i n g
1 j j v‘> p p ; t_ *"•' t i ?
M | ■ A I s a w t h e e v a l u a t i o n , o f c o u r s e .
» > f'jrp 1 ' »f]t i o n frer. w h o m ?
4 A Fp0 rr. i')r - S h e p h e r d . As I t o l d y o u , w e d i d n ’t m e t
S * ’ r t«ft.n h a c k a dr t h e y w e n e a d m i n i s t e r e d .
m X
'.*• £ &
166
1 ■THE COURT It would be kind of tough to go through
2 : 1 fe *• ■'jnr. } (}p Shepherd, wouldn’t it?
V vn - •. .
; _ .; ;i a -he , the tec. for typing and transcription,
wer thfc,v i * r pf.jp * or the same?
P A
D
>'i • fon , Mp % Moore?
4
h
W
A
■ 'iPl .
V\’ - n ■
o Dur Hr t o time when you we ’e at 1 -K Cirp.
id ■ V V/ p* p f t* y> p ’ - different tr the same? They were always
r i tho ̂ : **»
I 2 : No other questions.
> i
i >
14
1 s
THE COURT: Do you w oh to ’eservf- or — it's about
quit tin-* cl 'Tie. How are w ; getting alorg ti tewise?
MH. GREGORY: Judge, it would take some time, I
tMnk, '■■■ i1 "ect examination of Miss Hearne.
THE COURT: I mean overall, how are we getting alon ;?
;JR. GREGORY: Overall, we wLll still keep the
schedule with this possibility. We have some rather
1 u: - depositions which have been taken from Dr. Shepherd
'i f v»-v» ,• > 4 •
.’HE COURT: Well, I don't e cpect you to read those.
,T: . !pEG( RY: You don't expect us to read those and
to ar cue ho case. 1 think *e w >uld be through tomorrow
easily an i rare >ably fairly e irly tomorrow.
t f C a
* e-
167
1 !‘n Right;. W e ’ll suspend, then.
vn0-o,*:: Your Honor, -should we Identify for the
*• 4 — tbe -iopcni tions of t lese various
xo<rte that we think are particularly Pertinent?
deposition and it. will go on and on about something
!:hat doesn’*- reallv have a lot to do with the case. If
r "U! Just on a piece o { paper point out to the Court that
-u arf3 na ’ticularly interested in pages : ixteen through
twenty-fou ' and thirty-three through twenty-seven or
something like that;, this more or less directs my
attention.
m p . MOORF,: Your Honor, one other thing than might
heln shorten the case considerably. If the Court would
reserve the q iestior o'* attorneys' fees until there is
a ruling on the merits, then perhaps there could a
separate h< art rig or if th°re were no objections it could
be done -\v affidavit .
V R - 1 ?EOORY: Jr ’’ill be perfectly all right as far
as we a ™ concerned. ’our Honor, I assume that the dls-
nosi -,’or the ~ase will take is that we will be entitled
r:- prsip-r. That in alwavs helpful to me. So often
e4 Intoxicated with t he. s.ound vf their voices
transcript nd then submit briefs, is that
I'HF COURT: Correct. All right Until 9:30 in the
16 F
SO !i
1 i ' i
12
13 i
>4 *
i
I S ii
(■ !
1 7 !
)I5K
19
1
2.0 i
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2 3
a
r
(
7
»« I
"HHRSHAY, DECEMBER n , 1969
"" Your at,- this point., the PJahi-
resume with her rroof and call for
> cross-examination w'rs. Bettv Vinson.
YP - CPECopv: Your Honor, while I doi't want ,0
interrupt f-ho Plaint l \f • s method of proof, Miss liearne
'ir*° n or . ! <*(; in. ; h° 'b'es not work for the Defendant
- 'M'd exami: a .nor at tils time --
t.
Durr-- s.
i 0
1
CC.-i.'Pf: r oe ■Move he wa> going to exercise his
i 1 art ion to ma•• a his Hi rect examination.
J 2 Tv'|1
P . MPEOopv . o/e will make jur direct examination
t nr' ' h e
may be excused ’Mss He a me, will you tako the
14 |i st ana,I p . 0 ̂ r-: <■> w
1
IS i
j
r,! • •.1
Hr’ CLH PY. : Miss Hearne, I remind y r u you are still
lb i
'I r.S MI OKIE HE AVNE
"r-"”neci stana far continued
' ipEcrr examination
_HHEdORY :
What w-s the period of your employment by H-
' • r . , a r r r o x T ti o n * t m o a n e x ? o t d a t e s .
’6t f •' ’ 7 * t t l r 0 . July . r August of V. 65
' uru'-r. of ’on?
/•fM
i !
L I
I P
1 4
i a
A , J ’ , i v r A'.'.rust , l'dlh .
, P , w y H-K Corr . what was your
a \. * »“ ̂1 ' ■ ■ O ' -round?
A You me av r Igh -choo1, co 1 lege?
o Co 1 1 ege and anv addltlo nal work that you took,
,rn i rate wo r»
T .•••■tiL to l.'or a and 1 went to Atlanta Law dcnool
rrQ t, n c pp’j'pc 1n law.
Q 'a a a t was your major at Toorp ia?
■1 L- .i 551 n rss r .
' o Bus 1 no ss administratior 9
A Ye:*' .
0 And w at has been your employment expe’ience before
!
u c a m e t o H - K
I was with Davison’s fo - eight years in merchandize
J control., nersonne 1 and training and I was with James Pair
i **’v? vea^s he Tore I went wJ th H-K.
vost of vour training has been in the field of
r r T ’onn°l before you came to H-K Corn.?
Yes .
And, " believe you testified that you are now
•'■a^ager f the Norrel l Branch?
A Yes, r r .
N’ow, ’"Isa Hearne, what, did the job of secretary,
oo rrosron.de nee pay that was advertised that Mis; Colbert
/ y V &
171
' n x, i * o d do r* V
• •:-P'or,v , 1 crulctn ’ t t«ll you if I had to.
1 ’n-i to]] me- ai-hroxIrnately?
A Three hundred, seventy-five to four hundred dollars.
Mow, was the salary for that .job stated in the ad?
A I don't remember.
vas It your oracti ce to state the salary in the ad
’■■’hr r you advertised for a .job as secretary?
A Somotines we did, sometimes we didn’t.
TdF CnijRT: While we are on that subject, what is
the nav, If you know, of a clerk-typist or whateve:* the
other nosition was?
: Hf*. WITNESS: T don’t know. I can adventure a
guess. It would have been between three hundred, fifty
and ttree hundred and seventy-five dollars.
r • •’ " * p o p T? * p V
0 And this would have been the pay back in the summer
of 1 0 6 6?
A 0 6 6 .
ian you fell me what skills were required of a
clerk— tyr>1 r t?
4 a clerk-typist In that are i had to type well, and
’•nine well means at least fl^fv words a minute, and have
mineral clerical, not experience, hut knowledge, which would
v 2
1 0
•
Co ’ hert , . I will shotIf vou —
2 . ■
■
■ -10 'i13",: Ml ss He a m e .
3 .v •*0 ryoroopv
~v ~..v
>• \'A r- - Fearne, I'm sorrv. I will show you r document
t ha % has-1. hoe1", identified as Exhibit P-3 and ask if you can
6 i_ i m'e •••hit that document is.
•ni * % -AC r'his is a shorthand test that was administered to
'‘/ A n •
ft 'i
ran j 1? tea for employment with H-K.
! •• Q ‘ ' ; " ■ Vas that same test administered to all of the ladle
10 who gnn1
1 f '
ied for th» job of secretary, corresncndence?
1 1 A! ■ Yes, sir.
11...' Q Now, when you say all that applied, do you mean all*
13 j th? 1 actually filled ou; an application or all that you ac-
14 i tually wore considering for the job?
I
A All that were being considered, wel], no. I
\ '
16 ] wouldn’t say all that were being considered. To be con-
1 sldered vou had to pass this test and* a typing test.i •*
Ann was it the same test that was given to all of
jo | those Person?i
A Yes, sir.
O ', And was tl is regardless of whether they were of the
white- or black race"
A Yes, sir.
Oar. vou t ill mo w at the significance of the note,
lone \V . 1, ode 2, Margin 18 - 8 3 ," the figi re on the upper
173
» \ b\ r* n v V
• n«? a tare t
"!' v :>ey/p 5‘.Of . I h r s was
'' So 1 > r. t t ip same
»-* • *- ■* •■q rv » • -’: ': o i i t ?
A 0
0 Now
t >>% *' » i .
. ? *• t Tat the
*ould bP exnected to use If they were employed?
Yes , ? i f .
hid they actually make the tapes that went Into the
v r> 0 w T* 1 a ■*'* ?
A Y p r r- ' I v >
MR- VOORE: Your. Honor, I hate to Intervene, but
witness the question and answer confused me and
perhaps Mr.•Gregory'could clear It up now. He said did
they make the :anes. Is he referring to their actual
typing or Is h? referring to the tapes t lat are used
for the test?
THK : Well, I assume from the testimony yes-
eaav that th's if one of the things that a secretary
•-S 5s >'•••■!-<•. n the preparation of tapes. I don't
t.h.i nk it • s of any greet significance in the case.
'• j ■ 'f !FY: Mo, that is correct.
That was one of their duties was to
ore gram ‘his t,\ cowriter.
17**
•4..
• ■ r
y; r) \r ■
: ii-e
IK) l
/>t* l~ ,
.. ■ 3 ■ I art Irekir.- for Exhibit P-4.
. . I irarie, .> si erdav I believe you testified
* * p - .'s the t.r-.n:; evict Ion cf that ter.t that war,
"Mar C.lbert, is that correct?'
V e s , air.
Would t ■ a t transcript ion have parsed "or the job of
■11 , s^nco this Is transcribing diet, tior, no.
Do c 1 er’-;vni r-i,s have to ranserlhe
THE WFTMFif.S: Do. O
GREGORY •
Tell, why then'did you testify that 11 wou.d not
h passed for the job of clerk-typist?
All riPht, now. That’s another answei . This is
dictation she tried to transcribe and cculdi »t. She was
5riereri' for'- -clerk-tyrist because she didn’t pass the
■nse of our testing.
•°o tl’aM in Itself was not indicative cf whether she
d Vave oualifled for clerk-typist?
T told her she or airin't qualify for the job for
■h so- -as acolvinr, based on this and it was I who suggest* ••
: _ t ' * *
\nd •• a. there a clerk-typist job that v as oner — I
'-crt ' rir> -I yes t;*-> rlay there was a Job available?
‘: , it Is your testimony then, Miss Hearne, tha*
•'r- r : J r. • V t - ] - ?-■? that war given to Miss Colbert In the
• *. •' t. ! on , ’ .. that correct?
•as shr -1 ven flirtation from a printed booklet of
e r r. b V P n -i a v o <• 7
A \’o , sir.
■’as she r!yen dictation that lasted for apnroxl-
lv twenty-five ♦o thirty minutes?
" ‘A Mo , c f VO
0 Car: you tell me about how long she worked on the
as or i nt 1 cyr* o r this dictation test? •
A V;e 1U 1 stated how long, I think, in the letter. I
111 eci, 1 rhirsk it was about forty-five min ites. I didn't
e her.
0 And it was then that you got Exhibit P-4, the trans-
•tion?
A Yes c*15 •
c New ^ s- Hearne, yesterday you testified that Dr.
rlend had riven you some instructions about takinr the
• f*rv rk tf't ? .
A Ye: , ?< - .
• b -pherl been cut to the plant and given
i • *•" w>-, f 2 ' y o ’ i wcpp t nprp?
1 t N-~. ??».
̂ • •.*••• ! 1 '• vou war--- * ' .re?
4 | A No,
|. v ...o ; 'v- tests lr •• f > ct when you came to II—K Coro.?
*
{
• j They we re already he:nr riven at that time?
i
.s 1 • * Yp - -ir
And Wor*t' these tests riven to all applicants nr
«n vy t.hnyo who t<p»a being considered for employment?>
A v-' tried not to give them to anyone who was not
h'vir * 'considered for employment. They were very costly.
__________________ _____________ 17h
i 3
! 4
15
16
i 7
1 8
q So, at the time you gave somebody one of the batter:
of tests .hat meant they were seriously being considered for
er:nlovn°n .?
A Y e , sir.
Q And voulc some of those applicants be weeded out
because of salaries they were asking or background and work
excerien e or educstionl
Wei], thfre were many circumstances In a pre-inter-
q Some of them weeded out in pre-interview?
A Yo ' , n .1. r1
'o how. did you receive an evaluation cf Miss Colbert'
1- 0 cr f r* f won PVi vh 0 r* cj ?
177
v-'-, s ir*.
MR . GFE90RV : What 1s the Defendant's next number?
THE CLERK: The next number, sir, Is No. 10.
:?.p . ip[.;oORY : D-10 .
THE ''T.EPK: Yen, sir. For Identification, Defen-
hr,t ' *■ ■< h ' h i t D-10 . copy of personnel evaluation,
Margie Colbert, dated Pent ember 16, 1966.
Mp . m o o r e : Dr you have an extra copy?
MR. 9 npn0 RY: Yes.
•-Y MR. GREGORY:
Q Miss Learie, I will show you an exhibit that has
teen identified as 1-10 and ask you what that is.
A. This is a. personnel evaluation submitted by Dr.
Shepherd following Miss Colbert's testing.
Q Can you t all me what the date of that is?
A Sent a mb e r 16 , 1966.
W. AnJ can y ou tell me with respect to tie intellectual
evaluation what TQ is saown there?
A 06 .
"ins Hearne, was the practice of H-K Corp. to employ
in the office m y be d.v that had an IQ below 100?
. A No , ;? 1 e .
0 Was it on the basis of that information that you hac
'-'v-d r '- Shepherd t) at /ou rad your subsequent
• 'irrh' O'* C'vr:ve»aat 1 on with Miss Roll art about whether she was
<6v
178
• j * ] n ! ' fM p,4 9
V . . i> •
; Q .■/as V ’U]’ ,1 ocifTm
p* ra n cp r>o1-t ! op < i the tes
-ova ~ j t i o r. h
M i ave \o cons
V o i j c'1 x > ■ * cp-'1r* e d
/< 'os. sir.
o Now , at th e t ! •
)r. .'hepcere Inf rne
e s t
Df course not.
p \‘J' r < ̂ v' f' 'a r*]T' -j .
A He was p1ven nr
•lor- it a,sk for an are?
kriov■ whether it asks, for
0 Ve 11, t pen , ac c
> re 1 • •■ -• r Domat!" n he rece ’
ra c ■ of the test?
A 7 « , sir.
"herhe >
A ■No . s i .
a Did he see the
A No, ir.
did you also consider the
> * * Q p ■} 9
one analysis?
•ace of the Derson who took
hephe— .i 1’ tervLew the applicant for* tor
rurtnrr * lje POfiod when you were there
f 1T ± 1 cant was b 1.ack oj*v
’ ’ ' 'r'VP 1 f w‘i your testimony yesterday,
H ~K Corr* ''t "rned .̂1 v1.ng the ;ests. Will
'..... ie reason was?
I\ n;, weT'<.' toe ’Q"t v.
L’o you m e a l l now mu oh they cost?
’ 1 f!on,t> hu’ we '-', e r e billed. It would be
e records of the firm. We were billed for each nersona-
evaluation nr. .Shepherd evaluated. We Purchased,
v ’ thope f'eBts addition to his charges. Tt was
Tn oth"” '-^ris. you hn ! to ray for the tests and
hnu to pay f'or his evaluation?
A '-Wrht.
And 1 e Miipi](: v o u separately for each evaluation?
nusv- w-eo you toll Ml 35 Colbert that she ha d not
U! t h « t e t. was this dur1 nr \
r your telephone conversation
V.- • . t
'•d rhe oh.iect at that tlie‘
i
o
____ ____ _____ _________________________ ___________________ 160
■ ■ at •;ir ho"" conrent?
; r/,;at riori t^ld her she was smart and
,r; Jf-r?■■■•’■an-: why she nadn’t nassed our tests .
ad wn 11 od.er th ■ t that you had the corrospon—
re w 1 t r y • EEOC?
A Y ,"4 S " 5 v»
-w, ,s Hearne, yesterday there were twentv-two
‘,rV that are Identified as P-1? .hat were shown
vou. Arid I believe your testimony was that they were ap-
.h" .job between the period from September 1̂1i. oi ! cant's for t
i i and Sentemher
1 2. A Yns ,
j a 0 And
i - i
ji same job as se
15 1 THE1
!
h ho ■'"lT' V
17 | this deve
18 i
Mw |
19 i for copier
-} > pfip! p c ; f- r-J <
2 i have any
2 7 PHE (
nunoi p,£r.
MP* °ppaopY: 1 thoupth there could have been, but
Lhor-e were fhe records we were requested to produce.
rT':*virs: > » r o r y , these all seem to be
'’or that so. r 1 f! c ,*oh because they are a l l
'■'<r a )nl t' lt’on for secretary". There Is
.1“ J »•.-»1 .1 ' 1 ■_ s .ale ! ‘ .
- . • y r* i
0 ■* • " * f •• ">m *> Is rr< in , ?iss learne, I w i l l show you
P p • ?y • * *' • ') 0 Cfc * x n e J cnet tnd ask if she Is the
/Vo * 1 • ] ' > l ' o ?“} ̂C* r* f> re1. ai v, oorresnondence?
A V ,-k« • ? *«
Can v . loot-: at that aonlic it ion and tell me what
he* educational •'".sail fl cations were?
■ he ha i three years of college, ma,1orlng In business
Education. emphasis on secretari il skills. She took In
college tvrlr.fr, shorthand, business E igl'ish, business math.
o Car •/ r> i \ V. 011 me vrhether she was given the sane
iii ft at ! a a nd typing tests given to Ml ss Colber ?
ft *. r . * ' 1 > she wa s .
0 C 8 n y r : • t Pil me how she did on the tests?
VOORr: ; I would ohjeot. I think that the test
1 pI f wraid he th° highest and best evidence of what
8 o e d I d en the *; P 1? c
a’HE COHET: Fnl oss Vs a record made of the
n o .411 s .
• • V v i t * # G R r / T O p V :
‘11 c atlon f o'"
18;
1 !
1
A " r- " . ■« r. T ,11 ■
“ 1 ’*• t hos° n v ■■
- • • . r r - - fr r0 -.t
4
■ ’ ’’ d f show you the or’ M n a t ?
s ! it so vs tvoes w1thout error.
o !| o ncf t,vf> cr r>v (ioa3n't shew up well, [ will hand
7 • r n ' 1. h e> O V- T O, ? n ,, ]
s r' ■ C ̂ K^ i/ : Pp r 1 d nt1tication, Defendant's Exhibit
n m - i 4 . 11, a nr 1 ' o a t1 or for employment , Janet Maxine J ones.
V \TP _ opTfonuv.
o Moy, " h r Hear te, I will show you the original o p
- p r. ru r'norts to . he the orig1 rial applicatior of Janet Maxine
3 .o nn o • * ' 5 which has boon identified as Exhibit D-13, and ask you
4 1
t f* 1 t h af ’ s her orlrtnai apt LI cation.
1
5 11
A ve. , sir. it is.
6
1
0 hov you now read the notation that yot made' O'i the
- j n r> - . 0n°
p VOO r*' '
i. °aii'
rdf) * dj 1 *
• ! *cv to the form of the quest;'or
rp I ’ IT> .ir r r • pm . v Oil,
*n 7; ’-.’O'0T K : / s t. o
I r*' ’:
'PT ' T :y-' Tpm • H fj 'i <-o * •
r.~ ra* ? ons on :,pri
"1; ? v >r?-f . I d idi
s te • ':.ie
I didn't understand that to be he
ZjCool
i
183
2
n.v .
-r’ ' • NS"S : 'Poos'-- ' 71 y not at 1 ons
vou d ’ : rake them on h-re. Now, will you tell us
t -f notorious ore and what they mean?
’■he had -rerer shorthand, she tyned without «r«or,
’ mrse-ibed accurate lv, and she war, a stood speller. I
another notation that her husband was offered a position
v; ! */r \ -nl-'
j
p ruf* t: :rnpnn,v .
10 n V/'vre t >o:r' notat ions based upon any tost that was
i i r i . ' . r t 'V r t: j 0 ‘*1 ss Jones?
. ^ Vfs, s a >->• - •
13 r O What was the test?
14 A
j
I rn ve ■ or dictation which she transcribed back
1 r» ! 1 11 -.(- ut
j
•«rror and accurately.
16
Ii1 Was i t t>e same dictation that is shown in the
1- II ! •:> 1 ? ft. r-»
j
" ' 'V ; 1 ■ rj c? teen identified as --
1
i O Jj n u : co i’P'T; P-a, x think.
!9 ! ; ■.f * <* p 0 DEOrvoY *
1 0 — Ezh IM * p_a<p
1 A Y -~ 0 * V>
’WO Pr,:!T>r •Var that applicant fti v< n ti e personality
+- r>, + 9
TK5 W ri’NKNS : No, sir.
^uC- oo-pT: What , a_. ,latf3?
C 7 u
184
4
5
10
I 1
14
tH
. NT T.' ■ ' o ,
”nT.
'"ntemb'T "?. She- c ime .in aft«r I
T'.irJ n! t e • the tests.
Tr, there anywhere in the record who ever
* tv: - . ■" i erk-t’.T ir.t Job? I mean, does anyood.v know?
’i v " 1 ' ft 11 ed vh< le you w-re there?
' r!' •" NESS: I'm '*■
■•'’rv'Y: ’• •'••ur Honor, I believe that was
"• ns w - re : 'n Angers to In---rotatories, hut T will check
0T O! t .
at what noint was it filled? Does
anybody know?
'**• *Try':C!E: "'he of the"’ was filled, o-lfi-66 by 'Mss
Violw' T no ram and she assumed the position of general
ar-.i that is in c ir Answers to Second Interroga-
f qvi 1 •,
^ • I O ! H i n "* ,;x' , A/ f* ̂ f 1 c H o r » c •-> >-> /-s, ■’"*
the:'*- In this exhibit?
”,p- "RESOP'-: Your Honor, T will check that. I'm
-his noint.no- ■ ’ u r °
TIPI WITNESS : I would g;way no, because they are
; p p n p t »-> t
} r- V-
'p. /: "■ IRE: There ’was another general office nosi-
•’ lo: on S-st-6- hv M s s Shirley Brotherton and It
ets hired an rener.al office, they don’t desig—
-tyn’st or what.
18s
Prr.thert'T . .->11 , were there girls
'■ : Th »v no record of these girl s hoing
^:Vf*ri any t'*st r at all, cither shorthand or typing;.
Viola Ingram, Shirley Brotherton and there are four more
vour Honor.
v'~* hnhhnpY: You- 'honor, we will get into the
' esMmeny >n that
TUH ni'OT : 'oil, maybe I am J u m M ng ahead.
Mr'. n w e h m h Y : You r Honor, I am having a little
trouble finding one exoiMt in this. I believe it is
the anplie n t i on of Patricia Taylor. Let me see if T
car. correlate that. It has what I was loo.cing fo , too.
' 'P . .1R_HG0 R.Y :
l shew you the application taken from Exhibit P-12
Patricia Ann Taylor and ask you if there is a dictation
i typing transcrintion attached to that application?
A Ye s , sir.
And few marv errors were noted in the transcrlntion
that attached to. that test?
A Thre •.
Was sh° employed?
.•V A ' t know.
■\ You don't recall whether she war. rr not?
. ■i,r 'tRp.j; May I see the exhibit, please?
186
i
■ v " •
ppro . y nv •
- w a r n o t
■ rnp | ' ' 7 ° d f o r , ■
4 A V a o thi i o d p
o
H »' r n t o ! ̂ c*
.
t y - t
4 A PM ̂ ,r
‘S O I r o e . t - 1
! 1 P : > f ’ H ̂ y t h a t H - K C c ” p
11 er r ■ y e r O
I ? I
I I 1 1
A Y e s , s i p .
! j r\ On y o u ' m o w
13 i
1
no.- , : e d ?
14 ! A Y e r , r ! r * .
•b
was an equal employment opportunity
■:er- ‘bey posted , t-be- time of the application of
v! ■' ' Co i • eri ?
5 < i
lb
A 1 l
And ’ bpiieve that you -save stated that at that
tlrv you had graduated from Atlanta Law School?
Yes, r - r*.
v . .. *\ami l * n r -11v' the Equal Employment Or re
r pc c-,
company at that time have an rn-th,a-.’
Z I C c
187
y > ; , v ■ Identify a page of three
d
4
••'or; -
T!;" rd : For Identi fication, Defendant’s Exhibit
if, c o r 1 e - F trr«*e contracts.
Y vn. f RED «Y ;
A'l ’1 ah:;w y e a t h r e e d o c u m e n t s t h a t
Exhibit D-3P, and ask if y o u c a n t e l lvo h e j (lent. 1 i''! e, j -
' w h a t d h e f ’ vsr; t h o s e t h a t I h a n d y o u I s .
1 0 A rpv, ,, v 4 ,. ; i rr o n - 1 a e-joh t j a l n .1 >g contract
1 1 - K a n d the A’ 1 ant a Urban League.
1 1 0 And can vou tell me wher that contract
13 e r ■' ot ?
i V
■
T h * ; w a s • n P ffective Tuesday, May
■ CJ o A n d y o u ’•ay t h a t war' between H-K Coro.
■V. r n n t a : ’ r» Y' o p, 1 r> p* jr>?
‘
>7 „ . t
18 wv«t i . -he r.umb r t h a t c o itract?
! » 0 r. r 1 t a ■ 1A d a s h . c a n L t a l J da ,h , nine n
2 0 o*-e t w ' u.e .
2 i | 0 T 01 ’ 1 ; , • • aT y O ; s r c o n d d o c u r ent. M i s s
y o u '.'hat t ; a ♦ i o c urr e n t i. kJ «
• n o
fr'^t Is t h e s e c o n d c o n t r a c t b »twe »n H-K C o r o , a n d
A t l a n t a U r b a n L e a g u e .
ras the date td-at ■ ntract?
n
l L
•' ■■ vo ■lumber of that >■on-
na ■ , <i a s':, ' i '1' > ■ t* no ! h t c> kî t' t V7n
1 Qj T - 1 1 i ■low v•)j a • h'"d document from Exhlbl!
f "■ r'i J r\ vou what hat i ic a me t 1s.
'
Tl .. * . , 1 he til rd ■. o n t r a c t
o
1 mlweer h-K C r: . --
i aii
\r ■ •; thie A11 a n a fJ r ar L '■ague .
1
!
''*• vm.' the >f fee iv.. date of that contract?
A1
1 c t o d e r Gth, Ihhr.
t OI ^ \fhrt 1 o * h c* n h r e° that contract?
A GA dash d dash, n' no nine period one three eight
11 looks like.
r> N o w . w n; ■ H-K Corn ever inspected by the Urban
I.-eague d iring the m e rat i ons under this contract?
* preq uent. L '7
r\
*
Did H-K "nro. ever either obtain or indertake to
»bto:!r. employees through th« Atlanta Urban Leapue?
A Yea, a 'r .
Generallv, where eld H-K Corn, recruit emplovees
i during the period you were 1 iere?
rhrouF>- newspaper advertising, agencies, friends,
C employees, any way we could.
ow (VT i Hearne, at the time thnat you told ?"lss
1 1 9
1 i : • ■ - * • hat '-tc ah not p Ps s e d t h e t e s t s , d 1 d she tell vo u
,?‘i on ■} n ■ , the aine test, that had
t\ (> ; j ; ■ • r - : to her at d-’C torn . ?
A juot a > < » ̂ 1 len't remember f she said
1 .. ; w . h e s tat ;d cnat she gassed the test before.
o Shr h" t nas~eci tests before?
? A Y O T
Put. : d? 1 ? ) 1. 1 lentify tl e test or the score?
A T don'1 rememt a p h >r p ̂ \f 1 n| rr t- Va o t*
is r ̂ . 1 T
; . you
.
' d v o u told her
I 1 f t •or t r s t tj- > p -'Ho
I I ta r v correspond** : c p ?
1 4 A Yes rr 4* r»
1 r> o Yo , d Id vou
t / t**st „ 0
l 7 A Y e s * *-* *•A- .
1 O a "he UOt
■
-
2o
•
A No , p i v T
nPR ■OOY
WR . MOO OR .
he w>" not required to take the tests at that
AR. MOORE: Just a few guestions, if it nlease the
p \
'I CRO SS-EXAMIN AT ION
r> ■ ■ )
i L S d ' X
'll?).
earne, '̂,0 . V r-
* > O f ’ o p \ j h p t ’ s E x h I b i t No . 1 1
n oe Urr h n , o o x u e .
rr;:’ K COUwT : ] t‘ ̂ 1 n k
M r. * »T i r p t ts
yp " vrjORK
*: ̂ •3o ~? o o
: n ? n ̂ 1 the area of secret"
'hi Kr r-\ ■ \ ) t ■’ ’ o 1 nok at t her,
T don’t know what 1 a
o T think thev oro\iuo
• • r“- rr> c? <-»3 1 s that corn ct?
A ■ 1 don’t know with out
f. V ’
THE POURr’; Veil, Is that right?
V’T^\>Ksr>: la; the question that thev don’t nro-
V'* ° J''” c.i«>lcal h-lp tut for stock men, warehousemen
or something like that? I ’m net sure about that. They
would show, 7 guess
Y J*P^ vqORE :
0 . ‘,f‘‘ mav r'r“ ab'lo to clarify that by testimony. Miss
• nrre-, T show vr an exhibit th it has been Identified as
hnpj. 1 cat 1 or f - r omr ovment of Patricia Ann Tiylor. Did
occr that toot. you seif?
¥v '*e aon’t kno.v.
i
191
i . d r. knew whether you scored the test your-
2
5
6 !
ypf'oj.'
TH Cp 11 prn .
V/tnt do you mean, "score t ne test"?
Evaluate, examine It and review.
On that? 1 thought you were talking
i»i r x t;_
r>i-
Ar- there any - I ’d like for you to look at the
letter that 1s attached. Are there any other
i0 j "r™ rR ,n th;it transcription other than the ones
1 j you have marked?
Just: reading it. haphazardly, there may be some
’’'roe], ng, but lust reading It rapidly __
What about In the second paragraph that refers to
1 ̂ ! * n ‘ • r1cS leaders in tin community?
x i
■•no ■ ! ■■■ that error?
Bus •. nesses . That is another one.
r LI !7 P P T i r> rn . i ji__ 4 .'-hat is wrong with "business"?
WITMESS: I thought it was missDelled. Thl is
r 1 ' relied too, isn't it?
n Hr C n r ^ . No> U n t 1r f0rrect^
T r i t W I T N E S S : " T h e principles o f these b u s i n e s s e s
h - norma1, ly leaders lr their communities and as you can
'!ir1at' • rn'\"t e'/e~VOne Is 1 religious or charitable
9 ilb
s+ i*
(X
,-V, I , ♦ i-PV 3re Interested."
2 ■p • • 0 • ■/,.1 )>
* r- >: v» o •» ■ - r '• .
. i
Ij
r-.: : foe
’7 | ~ 11 i 1 (V >pT: I j o n
|o ji \* ; • T"r, • up . It. ha
7 | tm; r. k'T ; "jpg - het
nn't know what P-h says.
the original and compare
rju.j pj f‘P
10 Jpr:r> hy t b f-*
1 ! y p Y0(
12 i i n f t of fe.
1 1 hr offer! ' 1 1
(4 '"’I rrr coi
15 ,p. f’,p!
1 ft r/ip _ V'0r
17 mil;/
i Jin C >
i h * J r> 1 ̂ top V
1 9 f i .
l 1 •{ p o. | v• unv*
- mp . •>
> *> T.TT? MOO
2 £ j gn e t
r *p ̂ /•a ' TV 1 \ I i
> ?.p
‘’hat. is the one that is supposed to be
flora is the original, Your Honor. T
"■o. 'Gregory, I take it /our're going
I .lust had it Identified
Is that different from —
,T.;noq y ; You~ Honor> thls has a lot of __
T don’t intend to offer it. I ’m only
n
l l l e c
193
1 ,' • r* K» * >■ f ! f p o r d e r 1.1 f 1 c a t i o n .
2
'
- ip']': I' i re*1 ’v I’Re.to see that letter you
3 ”3 ]_ V .-••> * O LP I k ' v : n V> -> m t' V 0 ̂ t 0 pci a V
4 . m o o r f : Mo. ]
u.. ‘Tpr; . Nfohodv has offered it yet.
/V Ml-' ̂ jvr{ '■ a p}.’ • We move -- I don't know whether I would
. want: to t* •r ’ j n i hy this exhibit.
•■T.'
QpvOfpy What Is that?
•"P _ MOO pp • This letter of January 12.
n,HE.
OQ f rp'O - You all keen talking abous it.
1 1 •
-R.•
GPPOOPV Your Honor, we will Identify it and
K
» <-
'
ii: evidence.
13 Th'E CLEFK: This is Plaintiff's Exhibit N). 11,
14 Identified yesterday, sir.
15 MP # GREGORY All right.
16 T!IF. COURT: Make It D-1R.
?/»p O^EOORY Make it a Defendant's exhibit.
18 ’*P # MOORE: That is over the objection of the
■ r 1 a 1 n t i f •
’ o THE COURT: Do you want to object tc it going into
<h% < ' f ,,orV'* ttkO
*\ * ra MOORE: Yes, sir*, I think T ought to object to
it out of an abundance of caution. There are some state
ments we vould consider self-serving in the letter and
we would hot want those statements to go in without an
.17*
19*
3
4
> I
10 I
] i BY MR
u
i 3 'M - -
*- t
1 S f o r tl
1 * w h 1 r h
'J: : " t hought vou were trying to impeach
•IP," y ~ t O;1 i a 7
*■ ' V i : O n l y for. that purpose, but I don't want
r‘ • P'ln-i by the other statements In the letter and 1*
vra-‘; n : °tter Prepared after there had been a charge
41 h t hr Comm 1 s s 1 on
r?- 1 ̂ r‘.'.w marked Defendant's Exhibit 13
1 ^ ! i;>r̂ •' Well, I use that unkindest cut of all
h r e s , I ’ M l o t . i n for whatever it's worth."
1R . voORE :
how v,,u Plaintiff's Exhibit No 1 3 and ask you,
■nt Opportunity Commission on January 2 9 , 1967
1 7 A No, sir
18 V.r '1 '3 ft ’nnlement
w
.
0 And, T
z c >0 • j "n > > r* r» p ■) p 7? pr p pj p,
- i v' not r.‘ere are
> > A . Oosh .
f : < » p*r»'> - -5 4- 1 ̂ ̂ |
V 0
A It 1 f "
No, sir. It wasn' ; to clarify ancthei letter. It
: have to go through the secretary now. Are
r,tTer ° r annotation, as far as I am concerrec
n
i$a
r
19
not trv "* a gramarlan. I was trying to answer s
■ \ r . r.
I suppose he has reference to Janet Maxlk
;rior, a n a - m e t Jones is on> and the sane person. I don’t
”ea! Lv know what is correct. r Lhink when you put those
tn1u;;r; in a antes they would have to be capitalized,
telephoned this o ^ i c e to request, "Is Janet Maxine
.Toron- . Tr. f’act, t^ere Is a comma goes In there I
be1 ip v ° .
n v n/rp M O O P E :
Q I ask you also, Miss Hearne, to look at the third
complete paragraph under the numbered paragraph 3 on page two
your and tel1 '3S whether there Is a violation of
-he rules of parallel construction.
If there is a violation of the rules of parallel
ons t ruct ion?
Ts there pr^or of construction?
TH?± i 1 i-j u Ia That Is the rule of parallei const rue-
dor
TEE WITNESS: 1 -as going to ask that, too.
”P* M00RE: Thp }ulo Is there should be parallel
u s a r e 1 o sentence end naragr iph structure.
T1IE WITNF':ss: ’̂d U , aga .n, I dictated this to a
s e c r e t a r y .
MR. MOORE"
1 w a r n ' t -'Mss
*> nd, i f t !
3 i
!i f?4 )od an
4 i! *'• ‘ ~ n ; m
i , I would
S ...
6 I There Is an e r •
7 !
THE CO CRT : Am I
8 j
j 1 ew ?ngl 1s r o r -- th
I
9 j MR . Mf o : I t
196
19
20
•s i... I
'ones, was It?
sold, a violation of^ y n .
rh-c would correct it. I don't
2. WORE: I think Your Honor woi Id nrobablv do it
10 under* tr e old E
H THE COURT:
12 consteuc11 o n is
13 MR • E00RE :
14 C o r y o u to l o o k
15 m o r e oue s tI o n s .
16 THE COURT:
M
'' I
oven the witness makes grammatical errors.
"’P. -nosh: Yes, I wrs going to ask Miss Hearne.
Y _ M M O O R P :
At the time vou rreoared this letter, you were
"onsclous of what you wer« doing, vou intended to be precise
nd you Intended to write the letter with clarity, didn't you
Intended to answer a charge. Now, whether J
tended to be precise and to respond with clarity, I don't
I was s l.mrly answering a charge, truthfully and to the
1
2
3
4
r>
6
7
8
9
10
11
i 2
1 3
14
1 5
3 6
17
18
19
20
2 I
22
23
24
2 5
197
best of my g now . Qdge .
In yo''.ir> work at H-K Corp.
out written materials that would be
structure ancl sDelling and grammar,
A That is why I wanted such
there. T want “i them to orrect any
you die endeavor to send
correct in terms of
didn't you?
good secretaries around
shortcoming T might have
had .
0 And it was common for raterial to he mailed from
-K Corp. that had been tyjed by the secretary that had the
number of errors that appear in the letter dated January 2 9,
1967, is that correct?
A I don't see any grammatical errors.
"HE COURT: Well, there are some in there. There in
a whether left out. T supDose that is the parallel
thing and there are some tenses. I'm goin‘ to give you
a bad mark 1n English.
THE WITNESS: That Is terrible.
THE COURT: I hope nobody grades the Court's
letters.
3Y MR. MOORE;
0 Mr. Gregory asked you about your educational back
ground and you recited that you had a bachelor's degree and
had studied law at Atlanta Law School. It is true that your
educational background was not related to your work at H-K
Corn.
21 la
v-. ^: r ; ;inrv?I background was not related, no.
̂ov p I > ► **» pp *'■ '* Ki yp
,(('•* l")P the tvr ! p - and s’--sort h r
V i v ■ r|fl ,’ ' i' s ?
A f he t■m ‘- Vinm Q!rtat'
. 1 ’ ■ • ~U* - * rror.
.o — if?'' -no , c■'in you
1-o .-ecupe or re1possess ti:-e Oti
the 1 6 P . F . P ersonality facto
t h ; ' C 01m p 1 a i n t was f1 led and v
P PP m f* \ led?
A I'm erry. Whv didn
n Yes .
A Mecau se we nev e r go t
n Oh . vou didn’t thin
* y» |̂rr] e*tances to have th e t C t U
performance on ologic
' A Mo, I didn't, be -aus
11 o n w i■it ten up r>v Dr. fhe her
n A no ro effort it a 11
testS , •is that r» i P'fo t~, *?
A 1 mac[ p* pp f ciph to
I for her ?
Q ty! 1 3 !’e??ne, di i d v o l.
Met at.11.on when vc. were a< mini
re1! us what the actual scores ii
i
-i *ests administered to Miss
■• n with error and typed it back
cell us whv o effort was made
<• Self-Administering Test and
r Test from Dr. Shepherd after
ou had been notified it had
't I ask him for the test b a c k
any tests back,
it was Important in these
al test available to show her
al test?
;e we have a >ersonality evalua-
•d or everyon *.
: was made to recover these
)
recover anv ;es-t Why should
j use more than o le form of
istering the test’
1 I1 A
7 1| V i ■ i v o o • • v rt‘C o ?
3 r- • on o1 her• than too p]«*intif°
4 P f> p.'■onn1 ity Test? In yot remenh
5 nla ' nti ff took »t?
6
i
■ A Wo j 1 ̂ ' f' co,j>*? ̂ .
7 1 Ho you know tha" r
(S i Du. you n«an —
9 Q I am roferrlng to the
10 a r r\ f iOn tant ’ n P-? .
11 A 1 ver\ body t ook ’ t , Mr ..
it | t O 1': me to rtop -administering it
i
13 o But, you don't know of
14 y eer. *r.aie?
IS *i A P^^so^ai e v a l u a t i e »
lo ;V-'■ •: 'DP: Thank you.
t “T '1 ' 1 .. • r'.iv] I RFC'' EX AMIN/
1 8 j BY *TP. GREGORY:
19 hie further ouention, r
20 n o* f given to ware ho. use erreic
199
any
ever being given the 16 P. F
War the battery
7 h *"* b n 11*. 6 r* v ?
Yen .
about , 5
?hl ■ war last the oft;' ce emolovees you are talklnr
t r\t*. r*orr c? . * •,
j
' > -1 / / A / i. V
200
P . vv-J o n e t h i n g , ’ f
<>
'/■’a fl ri:n<1'i, Mr . Gregory?
•*c _ r j n F O O R y : Y e s .
MQ. VO<"’PF: Would y o u •nnrk 'his as Plaintiff's
}? *,• \? ̂ : h 9
* - • a. v- •
TH- CT.^Y: Plaintiff’s Exhibit No. U , general
s r o r e t a r i al e n r 1 oymont of H-K Coro., September 14 , 1 0 6 6 .
i'S 'ROSS EXAMINATION
' R'.. V''OPH :
1 j 0
:
VM r« r* 14 f, • VM e , I show v
] 2 •’ locr :̂ r4- --wI c a p 1 1 ■r, *•» < , "General
I 3 r v . , Dte •nbe r 1 4 , 1066". An
14 ’ ’ 1 as b P1 n r a 1 jc 4- ef the oers
1 5 ' ■ • ' '■* n C ’ T9 r' 2 "1on on th n t. day in th**
1m A Tv.T ..... , . , ° a nart of --
i , Y e •
18 TI!E CO" rm . All those
|o 1 •-■J den a-t~ eP t* is of that
2 0 S' ■ . *ng . T <- tHpre anv d1?p
1 ! WR . OH!.00RV : We don’
22 S!
•
j r>lie 0 the
r r,t- i.-- ■ r »-■' <-*3: I dor,’-
2 4 4 4 ■Ut °
tv o
2 2 4
I
201
1
1
• T11 , * >"1 «* p'-v r->rsono von know about who are not
♦ •• • l •
I
*• n *- • , . ;*r: a n b ?
> M . ’ *• 1his war feetenber 14. 19? 6 this would have
4 1i - tb>- v:e a ; r . r>cretarlal enr lo.vees.
5 ov ■ n r ' :hose all of the persons who worked in the
6 , ».<"• t.n'» O 1 p p o f n; 0 rj t; 7
•"f/ 1 T* w m ; : o v- •! v a \ • b 0 .
0 “In2: ' he v w«*re a .11 w - ' ■ «?
9 Yes .
10
1 • ■
I
Pro:.; t.tf date of September 14, 1966 up until the
i] * 1 't. vo:, 1 eft in 1 ’!6 7 , were any black persons employed as
' 2 necr'f*’ r , " ■ «k hv H-K?
13. j1 ( No.
14 ! NR. MOORE : I have no other questions.
15 | NR. 0REC0RY: Your Honor, before diss Hearne leaves
16 i w * would like to tender in evidence th » exhibits that
i
17 n h p • as 1 denti fled and I believe those would be D-10, 11
c8 | and 12, and she also identified Exhibits P-3, 4 and 1 2 .
•
• o 1I
TRF .-•OhPrT1: Any'objection to any of those exhibits,
|
20 ! r "loo re ?
i NR. NOORE : No, sir.
|•1 J | |
nr_» ^ q fj rry: Admitted into evidence.
THE r . l j E V K : Sir, 3, 4, 10, 11 and 12, is that
1
— f. •sci n* °
G n i Y : Exhibit- F-3, 4 and 12, D-10, II and
202
R1
(■ I
IC-
ll
1 2
! 3
(4
1 5
! 6
I*'
■ii
y y
2 3
( vherpunon, thp above nan^-l
were admitted Into' V r- ♦ V-> •<
1
: evidence.)
! ’ s.I4,j ' ‘ ̂ r t »-» rn .•' V.* v w’ r 1 . Th *■> r 0 are, of course,
'■e fore , son** qU° stions the Court has 1r
who was hiv'«d and were thev tested and
■hat l Koine to be coverei by other wit-a 1 2 i n d i c a t
i"i
MP. GREGORY: We believe It will.
THE COWRT: I.assume from your earlier remarks
that 'on would like to excuse Miss Hearne if possible.
M R - GREGORY; Yes, we .would like to excuse Miss
Hearne if possible.
MISS HEARNE: 'I hank you.
MR. MOORE: Your Honor, I would like t > state for
the r e c o H that we didn’t ob,1-et to the adm ssion of F-
* nci " bf'na,se under the witness’ testimony there was
sufficient evidence to admit it.
, n " Tt- is a matter of credibility.
-P. MOORE: Otherwise, we don’t want to be hound by
that •»x • i hi»•
Ar nhls tine> Plaint;-fs would like to
purnose of 5~e-v : nn t ion i ss Bet ty
) 0 - L n
o
20
i . . • , r*
’Obahly ■L *) f>7 f?
u- •: our i: reak,
11 t, W o o ''clocl
and not nter
.. : u u h ir on
••• 10:'• • cl-«
' 1-0
F h e .! e v a 1.1 wns
:’o u r Honor, no »vr £
'ert 2l nl; .
ai.se vo r r !Zht.
■ y o u s h a l l r.Lve
shall he the t r*u
e ;ru' / ’i- 'lo
;he issue joined
I d o .
v:snk yoi . Be seated, olease.
3!-:t t v vrNsoN,
l e ' }'* v i n" i ! rst been duly sworn,
204
' h OS o -H X A YINAT10 M
i te you■ n a m e , r lease?
e t v 7 ! r. ; o n .
A i ireo s ? Your addres s ?
V, , • 7 * P o o ̂ £ r*06* — DUPi V 7 v |
t rv H«re In it lanta, Georgia?
8 A Yea .
o . o Ar.n you work for the H-K Corp. ?
IA A That la correct.
l i ■ *>. For how long?
! . November 1.4 of ' fy .
13 Q To the present?
14 A Yea .
15 0. Are in what capacity?
16 T presently am adrinistratlve assistant to the
1 7 ■ P”e s 'dent and • Iso as such ' am Personnel Director.
18 .0 How loner have you occupied the nosition of Personnel
i 0 : p> X* ^
7 k • l\ It was In, about August of '67, I believe. !.;
-' !
n Pino. And, as you mentioned designated by } nr C* O
122 rompjie an swers to the Plaintiff's first and second 1 nt errcga-
z 3 tortea, were you not?
*5 « - f
■ A Y e n .
5 And, did you endeavor to carefully examine the
2.ZS a
?05
. . r , ) (w,r*r .")->»* ? on t ' make sure the answers
V !
i o .1
I
11 Ii
12
13
i-t
15
1
18
19
'.0
••• . ' ) - , r ’ I • C U m p;
Car- you r:;ve up a aeneral description of the bus! -
f ■ r that H -K ' c s . is ergagged ‘ n ?
• A■ a e In the garment industry. We ar ? manufac-
* ••-’or-:: 'f vr>anr m>->n o 1 us twenty age casual slacks.
0. Hrw ’ ”'•::••' - as tv e ro^nanv been enraged n that
A I'm son-/?
How lour: has the comoany been eng? ;ed n that
bus 1ness?
h ■ Since August of Infill, approximately.
■’ At. ftp t i e , Mrs . Vi ns o n , that voi ans rered the
f1 rut ?(»f of 1 nterrogatorles, to your knowledge, how many
emnloyeps did thn comnany have? Wasn’t 11 : ometting like
i
fifty-four?
• ■ iA I ’m soy-v. I dido’- count them. I took the facts
'Vo.u the records ?*nd T don’t ecall.
9pS. SIMSEP: Can we mark this for identification
O o. D } r*»' - — ± '; .
THE 'LHRK P-15. That will be cr erect. Por iden-
• ’ f tier., P1 Intiff’r. Exhibit D-15, copy of Defendant’J
la ntiff’s Interrogatorles, Civ l1
io' ton i x(Q
2 2 . j a .
206
w 3 • 37.WJES: Thank you.
> i • j : :: ■ • y,T rjriiiw:
*•*
1
j
* > - • n . 1 * n 1 t 1 f *': y — Co tj r» e r a p l p y °
5 0 An i to yot r knowledge, how many of them were black?
o A I do? Tt k:lOW ,
7 o Does t *' t r een sound riecht?
8 ! T s • • f ac s were taken from the records.
u 81rh t . A;d this does list thirteen llack finr lovees
10 T'hf t 1 s corre - t , then .
11 0 And n 1 ! o.' them were employed in the stock room,
4. •w '*r» l ’ v not, in hi e warehouse — I don't know what you
13
.e n 1 J t
14 * a If that is acc> rdinr to the report, that is cor-
IS t .
16 Q And the Jobs ir the warehouse or stock room, these
1 7 are the lower pay ins; job: In the H-K Corp. category of Jobs,
18 ̂-K»p n T [ t hey?
1 d AM ■M
"7/1 rv V/h i c h ̂r e the I ower paving jobs at H-K?
2 i il
A < j- »wh . 7! . Arc you talking about presently?
i
• 7 o No.. At thr• time you answered the Interrogatories,
23 ;
24 !
25 |
t V> <n
“ l r n t net of Interrogator!es, which would hav; been July
lc', >6R.
Yea» thc,r- Is correct. They would have l e e r the
130a
I
/
*
-t
c.~
h
7
8
9
10
1 1
12
i 3
14
13
16
1 7
18
19
20
3 1
l >
2 3
2 3
2 3
2 0 7
lowe ~ pa." In?.
o i >
’jow' ' v-urn ; our attention to the tests that
■’r,T; i!-; ’• * — ̂ through ' ts work history, isn’t it true i
the eon canv administered ’--Inc and dictation tests to
: -al narcnnnr, [ 4nd tf e otis end 16 P. F. Tests to all
. r • 7 . j r * ' _
”HE Wr'’"M3S: Your Honor, 1 am having difficulty
h earl n pt her
! T1F: COUPT: I think the traffic noise, and you havei f
a soft voice. Coula you come a little closer, frs.I
| 3 nrcer.
| BY VRS-, STMGER:
Ij
Let’s talk about the tests that the company admin-j •
istered. Isn’t it t m e that the policy was to test all
clerical help for typing and dictation and to test all per
sonnel with the Otis and Personality Factor Tests until
September ?3rd of 19b6 from the beginning of the company?
Tho company gave the tuning and dictation tests for
‘Tenoral secretarial, openings and also the personality evaiuatio*
tes- .
0 31a* • bout the Otis . Test?
A Yes, the '''tic, too. T hat was a part of the person—
a Lily tes
And the 'tis ard the Personality Tests were also
given to managerial and professionals employed by the company?
"31 < ■
208
' ft i" "* ;■*» (*» ♦
w h' 11 i * ■ ' ■ • • r h ̂ r l {■ i#* p o 1' c y ?
w'-at dates uiu tne company do this? Wasn't
’ t from the oeginr.l.ng of 'fit* unt’l September 23ro of '66?
These tests were given from the Spring of '65 until
approximate 1.v — ! ■ was the month of. September.
(') *' t A r *?
A -.r':-huh.
o And at: t!at tJmo, how did the pol c.v c lange?
A As ! "eeall, during <a conversatlo? wit i the Presi-
■ dent, he felt that because of the cost lnvo ved tith giving
these tests to all of the clerical help in "he company, that
they should be discontinued. Now, these in? true-.ions were
diven to our Personnel Director, vm.ss Mickle Hea.-ne. Now, we
did after that ti.m« continue to give those to orisoective
management apt*l1 cants.
Ip ’t not correct, Mrs. Vinson, that oi September
I’Prd , ■ 1 hfifi . the dt i R and Personality Vector Test* were <-j 1 s -
- Ir.'jo 1 pxi cpt for two categories, one, management and
prof usr-t onal and ^he other category was warehouse or office
workers without previous work experience. Is that not: your
answer t our —
Nc-, to mv knowledge we never gave the Otis nor
Personal. Evaluation Test to the warehouse employees.
//
A . V . X
209
^ I r;
3
4
5
6
7
8
9
10
1 I
12
13
14
Ji'! v . roai"^ c - : r answer eighteen to Plaint!fl
; ‘ r m '■ • ' • • r-* •>:•? V/ou 1 v■ >;. r ad it nut loud, please?
A ' r ’ -t‘ ■■‘"i'T t 1 r. c •v- ” 0 f. !p t h a t .
V ;l,l road it ,ut loud? .
A "(,n September ?? of ,c6 , Mr. ?. A. Kaminsky,
P”os idont of’ H-K n -rp. discontinued the Otis Administering
an less anpli -rants f ?11 into one or two categories,
rr->fesd.onnl or manager! tl or unless an office or warehouse
candidate made anrMcati m with this company with no work
hi story or prior business experience. And those potential
could hot he established without the benefit of our induc-
t r 1al psychology evaluatIon."
p1re. And, Mr ?. Vinson, who has custo iy and contro
o r + he tests that have b >en administered to empl >yee: of the
15 company?
16 A Peneat that, p ease.
17 0 Who at the com >any is responsible, in other words
18 for’ keen inr; the comnanv •e cords which i n d u c e tests a dm inis
!9 terod to employees?
r\ w ho Is T* o s p o n s hie?
•1 o fjh -1.; j ̂
2 > A For *v.?ij nt atn3 n those records ?
- * D Yes. I-^n't it
u ,-hih.
y o u ?
. -• 1 r\ Lot o as-: you thi ~ - H fa D*| ̂̂ , > f .t M 4 .. r* ^ "j
733 i
210
• r i ~ f : nos't5 >n other than secretary or elerk-
t . * nterv?r
t (ware of ic •
.'hart and at that partl-
r- * f •*
o v t t- h v *rj ij
1
6 ! a n • ■ • r .-.r 1 alerter;
7 A \< 3 +■ v- t / ■
8 I v-'" nr t qualified f
1
9 n B u t , d i d n
10 1 ed for other '•1
1 i : n t e I i. e 0f u '• 1 v,eq
1Z Test?
13 I wouldn1
14 i i •} n ' t oersona ly 1
13 0 But , from
16 and the answer to o
1t (t A J orefor
\« -a *■ U n n rJ op h /ar« t* ■* »ap»
t V w • hould- you
.TO t -^nty ?
2 i A lib-huh .
22 p r"i y r> <;
•
i t1 o n o t h e r
i ’ p V; y p v.ere no vacan
> -f ] ̂ r, f\ However, her
A'V v- tt<» ! iforrrat' on that I have in ry files. She
'Oh-huh • "Mlas Colbert did not apoly or nor request
Cental Ability was below the H-K Corp.'s stone ard for
- ) o/|o4t ■ »*
a
211
°np i ovn'■'r.- o f of fJc , norsonrel. These tests fre — " Would
. , j . j ;♦ > r\ yo r'
'. r- that ••nou.-.h .
auk you th r , . V i n s o n . V hat was — what
■-> ’ ' ' ;fl 1.. a passing seere on ;he Otis Test?
A A pass 1 ru: score on an Otis Test would be 100 because
that would be your average or normal, I believe Is what It is
0 You testified tha" ;ou also answerec Plaintiff's
second Interrogatories and you were asked what the passing
-.c^ro e f the ”er i ous tests would have been ant; your answer
at that time — let -ne mark tils for tdentl fi< atlon as P-]6.
THE CLERK: For ide itifl cation , Plaintiff's Exhibit
Mo. 16, cony of Defendants Answers to Plaintiff's
Interrogatories, Civil Atlon No. 1 1 5 9 9 .
73 Y MRS. SINGER:
Your answer at 1-E, would you be so kind as to read
: t?
A ”Otls Seif-Adm1ni sterlng Test, If P. F. were
evaluated by 0°. R. T. Shepherd, a licenser, applied psycho
logist. Standard dictation ana typing tests were evaluated
by Personnel Director, Miss Mickle Hearne, who is no longer
with H-K Corn., but w h o s e testimony has been taken by the
p ,n■; nt1 of.
And that was in resDonse to our ru^stion of what
t'r'e oassinr s so re. on sush tests was, how it wa; computed,
2.35 a
212
1
2
l'.1 c 1 hod and -or. Doer H-K Corn, have Job descriptions
'->1 c a t e g o r i e s . "rr . Vinson?
7
8
9
10
h i v e .
Why don’t we ha /e then?
o 'T’hnt In correct.
Okay. d-K Coro., being a relatively young company,
we nec 5?saril7 require versatile neonl» and in my particular
nos 1?I or as Personnel Pirector, when I Issue a Job order for
our* needs, I like to think that a pers >n not only can fulfill
tb~ needs of that particular Job hut w 11 also be In a posi-
12 11 o n to ̂111 into other jobs as our ne-'ds may b ?.
1 3 0 So, what, do you do to --
14 A .ostab.11 sh this?
1 5 r* Yes .
in A Havl ng been with the company since the company was
17 '•o Turned, T have a great amount of exrerienc e In all r hases of
J 8 our bus 1 ness . And also I have been In the busines s world for
14 in '.to a Ion it tlme. Through my ^xoerier ce in the business
20 worl 1 s*a. i p p ytp1 c'ularly with H-K Corp. I ’m aware of the needs
> J of -ur company In the various d eoartmerts.
22
- 1 A n a ! v t’-uls vou real! / mean 1 hat you, in fact,
■> • ̂yi t p 4ew the who wants ;ve extra secretary o** off! ce
24 j fyjQ r» ur and you spf‘ yhat that or- ’ticular emnlovef’s needs are
:
j ;; « n r* r*A ’ • .to find an nop 11 c a n +‘<o fill that need?
? O /
'v to doterri np?
y .! f 1 . ’I' I am asking, Isn't what you do in substan
3 ■' 1 to the
. ... *- L- - A
vee of H-K Corn who needs a n?w worker and
>
h a
• VIC '
-1 1 oh» instead of naming a straight ,1ob descri -
<--,r ‘ v 'nr - >uv dobs at. ti- K d o r p . ?
fba' da co-rr^ct , u*->- u h , depending on their ex-
nce and background. This 1s the way it Is determined,
so T go t-hr»o>;gh the otiinlo;’Trent agencies.
Mow, 'Ins. Vinson, I don't exoect you :o remember
srreat detail, so let me mark for identification Exhibit
" an ' bib it B attached to your Answers to Plaintiff's Soconu
I nter'rogatories .
THE CHEEK: Ror identification, Plaintiff's Exhibit
i1'v • • 1 > co° roster if persons presently employed oy
H-K Corp., Inc. Plaintiff's Exhibit No. 18, copy of
hirees from September 14, 1066 to November 14, 1966.
^8 3. 3INCHR; Thank you, sir.
uy MP3, 3INGEP:
h s is a list /ou compiled showing nine personnel
of H-K Corn, at the time vou answered our Second Interrogatories
d j and vou have stated that it was company policy from 1968 to
A Ij
i
7 !
s
o
i1
10 ;
|I
" j
i
131
14
i j
18
19
10
I W +• rv> j
■' °3, 1 " ! ^ " to test employees, right?
huh
. -> Q Applicants'
Z-37a
214
I
t
it> mo n uall float ion, T think.
: t ’ i. ' • «ue * iat r vc.eth Bowman hired 3-13-6** as
t •' at *JJ?
W» V . ^ ‘ h o oar .. . Cuiars
a
6
7
8
9
10
l I
i:
t Your answfr gav*', "No tests'1.
A I don't rocall a particular reason why Mr. Bowman
•;acr't tested, hut this, of course, is in accoreance with our
-ecords and T was not Involved with his interview.
Q And Barbara Bonta was employed 12-16-1 4 for the ,1 ob
o 0 secretary and she also was given no tests at all.
f This was prior to the time that we started giving
the test:-. Sprlnc: of '65.
13
14
15
16
17
18
19
C Uh-huh. What about — is that Ethel —
■
/ Fulkerson, who was hired 5-2-66 for the position
of bookkeeping clerk, with high school education. She was not
yr 1 ̂ r»n rlD V tests. That was because of Mrs. Fulkerson's back
ground bring aware to us. I have known Mrs. Fulkerson for a
number of years and as such knew* of her qualifications for
t O 4 Job.
I
2
*4
7 V.’hr.t about Sylvia Lloyd, employed 12-27-64?
A 3hr cane with us before the tests wen' into effect.
\ Mr. Allen Falck, January of '65, Administrative
Vi ’resident. he also was not tested.
A He cane with us l efore the tests went into effect,
lie said sonetis e I . ' t - . Was It Janu- ry?
n
■s J
<1 Ii
_ I/ I
1h
9 !
1 >1 V-' ij
i < !
12 i
And ffOT>tcJ in the Soring of '65.
Vinson;
r f-f' . r
:) Arh- • a -vu Mrs . Annie Steelman, employed 1-7-66,
n i ;; c [••*;••> i '.uue.iti >n, eir ployed <ts a warehouse Inspector.
Sh** n Iso wa ■ not to 'ted.
Y
•*■•) A .vi ;»M.ss Viola Ingram, employed 9-19-66. That was.
five days after our Plaintiff applied for work, employed in
general of' Ice v; • th high school education, and no tests, were
administered her at all although your policy had not yet
changed a s to not testirg these applicants .
13 A T am not in a position to answer that cuestion,
14 bo cause :T. took th's fron the record.
15 o Haven ’t you, ' n fact, alrea ly answered it by saying
ie t ho' re w a n 11 a test g1 v* n her?
1 •' A < " ! .1 , don't know. ! thought you were aS ; 1 n - mo
18 V
19 0 . N o .
20 A ’ o u a Just :larifytng thi>. According to the
■“t •-2 1 ^ords , the1”? we re no tests riven.
-v , 22 Q Okay. No/, after September ? 3 , 1966, the test
23 ■ 11 r v o'; an re d and we went cvor that ind it changed so taat
r 4 • . v }1 V r • *'*■' ’ or a.:, and managerial type * or warehouse anu o x f i c<
^tV' T'* ^ rl Or ! nn t*/ #=» r* f r\ & f“ r* f.'*4 p(i Ts that
23) i
216
, . . . * V
4 i 0 m v .r.,iv- i <’et V r . J o h n n y O a r e y . , e m p l o y e d i n t n o
S j w a r e . o u r ' w , r M ^ ̂ i,. s ~ e x p e r i e n c e w a s n o t g i v e n a t e s t , c o r r e c t
i
6 1 A ■■ T h a v e n ■ r> c o r d o f hi m b e i i . g g i v e n t h e t e s t . Y o u
7 i or-'1 ’"latt or'r.r " o * ■ hi.nk r e « r r e m e m b e r a l l o f t h i s .
- 1 o ' Mi'.-. , ipjr-1 - A ", 1 I s o n fc•ho w a s e m p l o y e d d - 3 h - 6 8 i t h
O : - >rk xnt'rl " n a i'o S i t i o r o f g e n e r a l o f f i c e - - i ' m
10 ■ n ’ t* >n ■'*' b o o k ! n g c l e r - , w a s n o t g i v e n a n y t e s t s .
11 P o s i t i o n o f w h a t !
|
i 2 j o B o o k * n r c l e r k .
1
13 A B o o k t n r c l e r k , cc r r e c t P e r p e t u a l i n v e n t o r y c o n -
1 4 < v./- . r a m f a m i l i a r w i t h t h i s ^ a r t i c u l a r a p p l i c a n t b e c a u s e
T • r t* n * • .7. . * U V_ i, V t e w e d ’’e r a n d s h e •. a s r e c o m m e n d e d t o u s b y a r r e v i o u s
16 4 »»y r> ] 0 7 f1 ° •
>7
r- - ' i ■ . • i - -
IS 1'iv.i Ai.t-h'onlaer .
1 4
■ >; And h - v w a s e m p l o y e d a~ a Customer S e r v i c e M a n a r c-r
1 0 1 - 3 - F e b r u a r y o f ' 6 7 .
Z 1 v p . c p E O O R Y : W h a t w a s t h e n a m e , p l e a s e ?
7 y
m » S . P I N O E P : T ’d r a t h e " y o u ' d s a y I t .
23 |
THK ’-'TTWESS: fed Ant n o n ! s e n .
2 4 i : V "TV' . 3 T M 3 W P :
2 3
| " "
r*i, J. rpe u A.nthonl s e n . e"H>l- ye. d 2 - 6 7 a s Customer S e r v i c e
s3f<*
i 'hrt'' ■ r>r» . He >t , 1 s that correct?
2 A ' "hel ! ■ correct •
3 ! >) Vvhit about Alexander ’’cKenzte? He was employed also
4 : r • p r1 iary ’■ 7 as a -- I can't read that.
■> H I'nat I.-.- Manager of our .'.ample and Swatch Department..
(^ a>.’ .:.«> ■ g p,q t i e " tc■c . os he?
/
■
-> Mr. >•;! i i 1 am Ch< rnal —
9 A . Chari or .
0 n -- was employed In August of ’67 as Controller and
he w.ir> nr t. tested, was he?
i l
.
A Mo .
l ? 0 And that Is a nrofessl ona ,1 oh, Is It not?
14 A Y e s .
15 r> ihat about vr . Frank Buchanan?
16 A He cane with u; th s veer.
1 7 0 As Assistant to th ? Controller?
ih A The Controller kne ’ him prrviously and ie was not
19 tr.r rd . 1 harper fo know that .
„ . i--v' ij
n Me not. tested?
2 i i A. Mo.
2 2 !
o Miss Torilyn Patton, emnloy-ed August of '67 as a
■> • ■ s a ':. • i»g run H. i.i< ••psretor with no prior experience.
24 ; A 7es. she had nreviaus experience. Our ’reduction
■> i. !1 Control onager knew Marilyn Patton’s experience n the sewingn the s e w i ng
1
2
3
4
5
6
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p
Q
10
11
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u>
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18
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-3 »
7 2
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• 4
218
pj a.■; j -ind contact or! her and ast eh ler to. Joi? out* company.
• •-•>;) Hr: not II :*t what ri-‘r work experience is?
r T have n record of tt t: the reas n it was not
fill eu ' n a .ail.
0 T ' r e e . And finally, ^ r . Gerald Jo les , employed
nf ] as f\ mar a clement trainee, which j.s a nrofes-
r ; ■;•) ] , v s.y , an-1 he v ac not tested. 1° that not correct?
A T h a t is co 'r^ct .
doesn't this really mein, Mrs. Vinson, that H-K
-'-'nr., doesn't have any real ' testing policy, that it is arbi
trary whether or' not they rive a tost?
A With a young comp any sue i as H-K Corp. prowl ne in
the manner in which we arrt growing, I am sure that there are
circumstances to explain a_l of these situations, but, of
course —
0 Well, Mrs. Vinson, ves or no. Is there a testing
policy that is followed?
A a company policy that is followed?
Y £ 5% *
A Today we are consistent.
p Well, hut, it obv’ouslv hasn't been followed in the
T <• f
A I aii :.ot in ? position to —
0 You answered them.
■ ered tt cm in acordance wit-' our records at
219
l i f't ( ' f ' 1 r> , t
2 0 An! throe records revealed that the company
3 *- :.. e re was ..nc , was not followed, don't they?
4 /\ We 12 , other th°r the particular cases —
5 0 Yes ir no.
6 A I would not say no --
7 MR. GREGORY You can explain your answer,
8 Vi «son, any time you want to.
> THE WITNESS May I explain it?
1 1
12
12
14
15
16
17
18
i v
? 4
.MRS . oi.'J-IKR: Perhaps —
THE COURT: You may. U s point Is, the rule Is If
you answer a question yes or no you are allowed to make
such explanation —
MRS. SINGER: .She didn’t answer it yes or no.
THE COURT: I thought she would no. sa> n c .
WPS. SINGER: Well, will she say y »s?
THE WITNESS: I would not say no, .he policy was
not followed. May. I exnladr it?
THE C'U'RT: Yes.
’HE WITNESS: With a young company, qu .te often
policies have to he bettered. You see /our mistakes and
you correct them. And it could very well ho that a
policy c^uld have been issued this week and we felt that
it could he bettered aid It was changed the following
u.’peLr. Eventually, and quite frankly, right now we are
Z ^ C L *
?. 21
A That wan a tyoo.'ranh ical error because both of
i. . * V7r ‘ T f o n e w a r ■ , 'he if *•* \*i ̂ V 1 \ru p
. ■ .... ‘ e in the f' ’ -s . I . iVv■ the records to
1 ' y! C. "•e given.
' ) Any oth>w errlcvees?
A Yes. dim Wh 11 e .
T 4 ... Vug .».• l r u I ] ! And is t} e 16 p . p _ noted on your
■ r. •.jp. e
* Net n n V s n __ t;''ie i’n v was cut off.
1 r , you swo e that you searched the fj !ea.
f T H h U !'>
o That there answers w< re accurate, and now you tell
rno tnat It was a typographical ?rror. I am sure you must have
read the answers after they were typed up If you were golnrr
to swear to the truth of the matter contained therein.
A Well, I haven't misre presented that at all and. the
only answer 1 nave Is, It Is ot /lous —
TIE POUPT: There ha; been some testimony than the
Tiered both f these as one tes ; from Miss
Hep m e . I assume that is in essence whit she is saying,
tlr>t ir these Instances where it shows an Otis Test she
means both of these, is that what you are saying?
t h e WITNESS: That ir correct, sir.
'•*P. OR IVORY: Vour It nor, while we ob.j cted to
nrouucira. the scores of o her people on the grounds that
22?
1
1
* x r v/r* »• ■ p - r .1 ■ ■ • 1 o r e i , W O d o h a v e t
2 1 r. n 0 ? c v-j p o ( no r- r* 5 o n r i n t h e f i l e
3 t ■■ "• p r (-,oer t o adm.i’’ th :»rn
4 I 4 V ** ‘
1
r r m o 1'
i
• n r. g o i n g t o >• a d y o u .
, . * ' ~ * T i k 3•' y o u I n c h e i n t e r r o r ; a
8
A'
i 1
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1 4
1 S
16
1 7
1 8
)
2.0
2 ;
ry number two. "With
.. , ■' ,r- i . n^rs nns rr'aspntly emcloyeo by the
, . . a(i ^ = Es; (P) The date whenDefendant, Indicate; (A) Name and add---x ̂ >
oac, >ra.. h tv.t employed; (C) Educational level and work ex-
r,er i once of each at the time of application for employment;
(o'! The lob classification for which »ach was Initially om-
o * (E) Th. job classification fo- which each awlied,
indicating all c h o i c e s nade i n order of preferences;. (F) The
starting salary or wage rate; and (2) What tests, H* any,
wore adminlstfred as well as the score on each such test.”
THE COURT: can't I resolve this? If they have the
here I w 11 look at them and satisfy myself whether they
,vr/e the i or not. This Is very simple.
MPg # LINGER: If they have them here.
m P MonpF- V® aro net talking about the evaluations,
Yvur 'inner.
mjjt roURT: Well , won't it show
, voORE: N o . s i r , the evaluations don't s h o w .
Up are • .3 ikinr about two separate documents, an Otis
Pelf-Adni ri storing. Test and the 16 P. F. Test. We are
' 'M ~ -0•i. t *-
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4
3
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7
ri
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-iof tn lH n r nhout the confidential evaluations.
r r ^ " ' COURT: Doesn't it show both of them?
V‘J. GREGORY: The evaluation shows intellectual
'•valuation cased on IQ and personality evaluation based
on thp h . }<’. if.
Mp • MOO RE; I don't know if it shows that or net.
haven *fc \£
THE COURT: All we have is a word battle here. She
and Miss leart e are both going to testify that anybody
who took one cf the tests took the other one.
VP°> SINfSR: Fight. If that is »rue. However, we
have more than a battle of words becau e a lot of these
employees who should have been tested were not tested.
THE COURT: I recognize that.
MRS. SINC SR: Okay.
THE COURT: But, your question ri ht now is whether
anybody took the ?. F. Test and she is testifying as did
* V •• . . ■ $; •
Miss Hearne that atybody *ho took one took the other one.
BY MRS. SINGER:
. • ; K
d-ht. Nr w , IT I may burn your attention,
Vinson, to P-i -- I'm : orry,
Serfcerhber of '66 to November
t h e r e were s ' /, :»err >ns, all
a position In general office?
A I d i d n ' t count that
V- • % ;Plaintiff's If, tie hi
of '66. Dees that not
t hem white femalt s , h
Is that true or ot?
m a n y .
’erg
? h ow
r e d
Mrs .
from
that
for
£4
., >•
224
Y*"1.! didn’t'.’ Let's rn over It togetler. Mis;
► 1 »* J f'. * y*0 | ̂r> [• .'i , •
1 o
2 1
14
5 5
16
17
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2 1
24
-i-'d h- !6- . with -i grammar school educa-
■■•cs h ! re i f .e a position In general office, and there i:
no record of any test being adrlnistered her. And she Is a
w M te female, 1.. she not*?
A In the transfer of oir files this employee's file
has teen misplaced. I searched our office files quite tho-
ron-hly 1 n order to hr Inf this to be able to answer this
tion, arii in ' or tunatf ly i have been unable to locate it.
ho, th^re. is no record of her being given any
t e s t. s,, but you do
A That was
0 pight .
A That v’as
o ■ W 1th a e
A That war
1 o c. a t. e t * i e ar r»
o 1 r-ee.
lilted 9—1-
n n 1 1 p d . f h e h a d a high sc! ool education and she was hired
f o r the position of general office. And there is no record
oo any t e s t at all having b* >n administered, is that c o r r e c t ?
L'ot i n ‘‘lie f i l e " , rbpy»e is re r e c o r d .
QM
"1 * t
u .
22 5225
1 |
! ,-jr :or;i. jn the Interest of tlm;, if you are
2 1 • 3 . 0 !/ - r what she put down there is th ? truth, is
1 | *- 1-- ,' • ' "n” i? 'oi .to about ' h • ‘
4-
i , : ' r" 2 R Y : V.'e don’t . 3 spate it, Your Honor.
5 i * • •• IK *’.?K :
6 i o Well Isn’t it also true that it shows that tee six
1 fer ale w>,it:e atnllcants hi red in that time period were not
6 “ ^ fit. n v_a c i all, with the exception of Miss Jones, Janet Jones,
9 !'.'ho ■■m? 'hmn cnlv the tyoing and dictation tests, not the
10 1 and ] f. P |7 *>
l 1 A If tint 1s what the record reveals, T am sure it "s
12 cor PO c f s .
13 o Just for the record, Mrs. Vinson, what war the
14 sal arv , ptart ing salary paid Miss Jones?
15 A- dollar, eighty-seven and a half cents an hour.
16 o
17 A T tog your pardon.
18 THE COURT: I looked at it once before. Two dollars
19 and two cents or somethlnr like that.
20
.
.TIP. >. P ’’E3S: 1 wo dollars and two cents, uh-huh.
2 l MY *HSj_ 0IhGER:
22 o. Was there any subsequent increases In her salary?
2 } A I don’t have tne payroll records he~e. I would have
24 to exam2re those.
■* r, - > Q So, vou do not know at this point. That is ail I
< +41
Z W < L v
1 • \rr
2
c.
<-)
10
111
THE -FT: Vhat i 3 two dollars and two cents,
! ■ V-, y» r. rk f i rty in2 ’ ?rs a. rrr;:th . is that the
| ' J ut ry
|1 THE WITHE:-' r*. 9 T b a ] iffvp so .
1j . s'J VPg f*TM0Ep :
1 n1 I don*t Vnow what the Increases were , but there
1 ':n ye i 'ncr eases 1 n Mins Jones* salary.
1
A Increases : n whose salary?
Jan*' i: Jones .
I rinn Vt hiw thp> oa.vro 11 record? here.
1 3
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17
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. Y o u don't k n o w that either? Whether there h a v ej
v rv O jr-j 9
\
n Those records a^e not, keot in personnel file:?.
THE COUFT: One hi ndred seventy-th -ee end a third
hours. T * hi ok It is three hundred and fifty dollars.
THE C .Efk : I cone up with three hundr* d and forty-I
n i n e - o i l a -a , r1 fty-three cents, Your Honor
HE CdJFT: That rust he what it is ba. ed on.
P . O': FI OOP Y : Your Honor . we can nrocei d e ther
way. We o n no ahead with direct examinatif n or let
vr. M,or-p 'lone.
?F. M'OFE: I have no objection to goir g ahead with
the d. rect examination. If there is no objection from
£; V ) r’ouT'r‘.
'f '* H
2 b 0 a
1 THE r / r i : y - ' ■
"J4- ;‘H n i4 f; i/ ;
3 N o 2i p.i"* 5t o n n e .1
4 E x h i b i t N o . L 5 , n
5 D e f e n d a n t ' - F x h 1h
All r i g h t . I d o n ' t c a r e .
1,1 or identification, De Pendant 's Kxhl hit
_______________________________________ ? ? 7
s iJ
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M - ji
\ s t
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18 !
c ■) o
:IIRKCT K > AMINATION
u y v r . g p f g o p y :
M m . Vinson, 1 will show you a document t lat has
Identified as Exhibit D-15 and ask you if you can tell
mo what that document i.c .
This is a personnel evaluation test called the
Administering Test, T believe is the correct name for it
nv was tt it evil ration mod''-?
h1"'. w . T. Shepherd.
Does that evaluation include anythim besides the
I don’t understand y o u r question, Mr Gregory.
Doer it have aly reference to the 16 P. F. Test?
A No, this does not.
T c a l l sour attenti >n to, Mrs. Vlnsor , to a heading,
;'er. : n n o l fc,va x u s t i o r ? n d as- v o u t o w h a t that h a s r e f e r e n c e .
you- oarior.. 7' it is correct. It does.
'ro d >p«i i m t -ref V
Z i H a
P2 8
TT
7 1 - 0 • ;* ■ ; ’r> was ",ha * i 1reparcd?
3 - ■ • ‘ • Tv ^ r7 ♦ p p V-> f t 7 7 <■"* •
4 And ? ; • 4 h a t H 0 T* S (̂ n ppn loyed by the company at t he
5 >n.; t ! me*?
6 'A Oh , ’ h ”* p 0 0 110 n a n h e r-■>. vr. Harold Falck, Is 0rrt —
7 v -o ny the con’nnrv .
,
'■ - v/~u tel . m- • -V ■0 TO is shown on that?
4 ills XQ was 1 ?8 .
10 Mn s . VI.r,son, I w' 1 show vou a document which ilciS
1 1 ! non 5 dent 1Q* °d as M--1 6 , and ark you what that docurrent is?
Thar, i r, * h* tis A Im1 nl st ering Tost an :1 also the
] 3 > m o r a ] ’t y Fvaluat 1 >r. Teat .i
' • *■> - a .so h / D' i Vo t \ y*
10 i ■:. 1 • 1 correct .
1 6 11 ' ' I s ' h 7: t oer.son emr loyed o y the company at the o r e -
17 • - f >■ t ine?
f 8 Ye s ̂ t •
1 9 An . car y o u tell m a what the IQ was sh >wn on tha t
’ 0
• ; , C* f O
*' ( ] 1
> > V r* ' n , I wtl sh'̂ vi v m a documer . that ’ i n s
- n o n 8 • r n V | f* ̂ . f x h l b t D —14 and k vou what t h a t d0 p i i -
t
r *- . ■„ e f‘t.ls A'.lrr. ’ * * ’ 0 1 or 1 r,r ’’’cot m d Persona a ; *- -»
0 ^ ..
r-v*
< L
i
9
>/. Wh * t f .
te ernlc ! • * p ^p.ii iy 7
o
*
8
9
10
And was that an e\ iluation made by Dr. Shepherd?
7"1 h .'If * correct.
And what Is the TO shown on that evaluation?
131.
Me. , TVs . Vinson, you were shown doc merits that were
j headed, "DxhH.it i and Exhibit B" by counsel for the Plaintiff
.
12 TH3 CLP : These
13
■ r.0 V' . Th ev are not Exh
14 hey, si r?
15 MR . GRE GORY: The>
16 n s P-17 and ? - 13, but ■
17 -Exhibit A and Exhib1t
1 ? r. f 0 rn a t i O’ . con :a1ned i
19
.
prorn you r> poar Is in t
20 Tip >r TMES 3: Thai
21 VP # g r e g o r V .
2 2 0 D } V01 hav ? oersor
in f 0 rma c 1.on th a t is cont
21
Pev-s o r a1 k low led
1 - ; r*\ Vr»s
numbers, s r , have been changed
bit A and 1, I d on’t believe, are
have been identified in evidence
hey are he ided on the left as
B " , and I will ask you if the
n those do -uments were nrenared
e personnel office.
is correct.
a1 knowledge yourself of all of
ained on those exhibits?
myself?
230
1 i J o t of a : of th e l
-y n f; * d r; fr>rth that
3 ovate oth er than ”e'e p>» n c? t i
4 o And i f on those don
a t 1 Oil ' '-O'; p* V. ->’*/ ' f'ocord , did
( i n f 1~ fr ’ \j o p or c; ̂ rr p, ] * thpr'e ■•'a ;
7 c Thp r»<p. %I -o r* no re •nr i
w dEE: I o ;.1 e :
Vour
.
Hon on and move to
10 answer on * he around th i<
11 I°ad1n g .
• 7> THE COURT: Wei: , .1
13 s h e :aV t t e s 1 1fy wheth i
H s h p ' ' P o to ■t 1fy is the r *•
i5 j 1 '■ r/m -*pc u d of it .
17
18
1V
record in vour filer;?
the- H i e of the tost.
5 6 '<Y w p . o » t ? r } O R V .
Nov, vr.". Vinson, ' will show you tvro documents,
thn ri rst of which has been identified as Exhibit P-1 3 , which
■’O headed, "Defendant’s Answers to Plaintiff’s Fi-st 'nter-
rogatories". I will ask you if you prepared thos * answers
Interrogator! es from the files of your office.
A Yes .
And cld you prepare these as accurately as you ooulu
°rom tMc ° " vour office and from the inform itlon in your
no<? 3 on?
/
A . 5^l
?31
A Considerable time was snent in trying to answer
t h ° s e 1 nt erropratories In searching the files.
c I will show you a document that has been ident fled
r> »*, y } ̂h) *t P-16 and I will ask you — which s headed,
A n s w e r s to Plaintiff's Interrogatories' — and
: •••'ll a.-!,r 1 f you prepared that document from tie records
In the personnel office and from the information that was
either known or available to you at the company.
A
Q
Correct.
And did you prepare those as accurately as you
could?
/»
0
hod been
Yes, sir.
Mow, Mrs. Vinson, I believe you testified that you
with the company since sometime in 196*1?
November 1*1 of * 6 At .
o What was the s ire oi the company at tnat time?
>V We oat the President and myself and one secretary.
Q This vas in November of 196*1?
A Yes, iir, T 6 *4.
Q And w.oere was the company office located?
A Peachtree Palisade Building on Peachtree.
0 Did the company lave a warehouse it that time'
A No, sir.
f’o*- t f?ll n ? h '•I*' V ̂• "*. V rrrxoM.t*
A - nas- .
D J L
2 3?
2
3
4
1
6
(
8
o
10
Tell 'V’ whn t. the nature of the company’s business
net }•-« of the (irmnstn." business Is that we are
...... "Dung men p ' age casual slack:., and
: a. •; 1 r n business. Pas hi on o us 1 ness means that
necessarily you have to strew and produoe very fast because In
fashion tu:iness your fashions car go out of style on route
If you aren't real careful.
0 W e : "l , n e w - -
THE 'OtPT: man at home told me It vras about like
1 1 n!- a x o 1
14
13
14
15
16
17
THE WITWESS: That if right.
1 HE COURT: Th» y were Ilk'1 flowers. They could
perish if not moved
BY v p.. GREGORY :
Well, now, did the company at that time have its
own manufacturing plant?
i i
1 )
2 )
-7 .
r\ M ~ -.4.,
t y ̂1 •
0 Does it have a manufacturing plant now?
A f!o, sir.
r hen how is tin1 manufacturing done?
' e buy our nroduction. Our production is contracted.
Did the company at th it time have a warehouse?I •
2 | ' ‘ N o , s 1 r .
25 ; 3 When did the comoan.v first obtain a warehouse?
n-*v
233
.JO
4 l A ■1 i <’
5 ; V e - . o '
( Anc at *
/ “ - e •or'psny had?
8 W rr> *
9 a ’ x t ■u employees .
10 And were
1 i A That was.
1. , And tha‘
11 Yes, sir.
' ̂ 1 Mow , whe*
] 5 house* w 1th respect
16 |j
n re!louse?
i 7 ! This was
18 j ■if er correct ly .
19 i r ■ ~ • of ’ 66 , when
j
20
.
And can v
I
|
O » * - • . v , 4 v- - - 1
1
1 )
1 I would s
2 3 trV. i. me.
24 Would tv 1
2 3 Yes .
In \'c v^mher of ' A 6
iv̂ rnfc - -jf '66.
■v'V|r onrdon. '86, Mr. Orepory, excuse* me
sf whe-e f • . >,n: rnv Is presently located?
time, ;ouId you tell me how many employee
Ve moved in ’6 5 , the end of »65 or the
early p o t * . ■■ f * f, o
would say we had rouphiy twenty-five employees at
Would th is be in both office and wa-ehoise?
1 11 how v idly you grew by, say,
' *"•• , w. , . • ■ f r.-.t W' t'.'.. ; 1M y
d a of bf 1» . ' ’ -n . remember the num-
- at that t1.r . ;r records. would give this
• i ■■■ •> • ••• e / - ha\ e h<~ ~e, In fact, out I would bo
-r ? tar t to -nuo •.?* i? at f 1 gure from memory.
If that a figure that yas given on the Answers to
'••rrrgotori es , do you recall?
to A I • :■ e 1 ! e v •-> 11 w '• s , sir’.
5
1 > Now, h ;ring this peri od of time. did you have any
1_ actual functions to perform with respect to the hiring of
13 p o v . )nne - ?
14 A Yes'.
1 3 0 W lat were your functions?
lb A At this particular time?
1 7 Yes, during this period when the corno? ny war crow
lh ! n r . ■
N o , sir, I did o o f during the oeriod o f '6 i. The
nor I i c a r t s t h a t 1 interviewed were executive secretarial
: d o r r ; f o r t h e President of th ? company.
Tust for the one job?
fee. at that particular time.
Nc< during this period of time, iid you have any
' . " a c t . - or v ? c r y i n g arrangeme i t s with the Jrban League?
258c.
l
m V <=» t a? < r*
5 •
2 y ° p s 'vho w q t *
3 Lea g u e p r o g r a m riven the tests th a
35
4
5
6
10
- 1
1 L j
l < i
14
1 s
16
l /
18
1 9
20
ot h r ” e m p l o y e e s ?
A. Mr. Q-orrory, I don't know.
Q Yn’; don,t know that? Was It a policy *t that time
test., t; .varehouse employees?
1 No, si” .
W o y o 1 K n o w whether under the Urban- League contract!
thor- w e r e a n y >fftce employees working?
To m y knowledge, not directly from the Urban LeagueJ
but because of ur contracts with the Urban League, some of
our ^nloyees did qualify fc r - to come under their con-
00 01 s
They did come under the Urban League contracts?
Mw . " L.^S: That Is not her testimony.
THii WITNESS: Only to t h e _
MR- M00RE: 1 think that is leading. I move to
strike the question.
THE COURT: Well, it is asking for an explanation
of a previcus answer. What do you mean that they did
qua 1ify?
THE WITNESS: These Urban League contracts were
fha* people that were on *rhe Job training wrre oua] tried
:m- u n d e - these contracts because t h e y , of c o u r s e ,
J
25fa.
n
n«:•<? re
n n n 1 v '
Q U t
turn giving H-K X number of dollars toward
'n ' r> salary If we employed them. If we em-
■c m :he U-ban -eague then the other people
! oyed, even t:- oumn we didn't get them from the
-~’d' » t4- they wo 5 e on the Job training, they were
* t o c o m e under t h i s contract.
Y "1 . GREG TRY :
An; luring this period of time, did you have any
nor actions either from Washington or Atlanta in connection
1th the Urban League co itracts?
A . Yes, sir.
To your knowledge, about when'were they?
A I don't recall the dates, Mr . Gregory.
Q Now, Mrs. Vinson, I believe you are Personnel
1.rector at the present time, is that correct?
A That is correct.
Can you tell me where you get your employees at the
res ‘Tit r ime?
M y o f f i c e employees, I use the employment agencies
er« i n Atlanta. A s far as our warehouse employees are con-
e'-ned, y e h a v e r u n a d s f o r that and 1 also get the warehouse
m p l d y e e s from t h e State Employment Office, and certainly from
c r e n c e s f r o m o u r p r e s e n t employees, too. Quite o f t e n they
r e c o m m e n d s o m e o n e that w e might he able to use there.
1 r ''rue wit5' o f f i c e employees, too.
I q - * t r vih e t' 0 r hhere ar° m.v estimr nro-
2 1 ... ....... *
3 • • • ‘ P .
4 0 1 r e t 0 r a n r.
5 "ien‘ a c e ’ 1 p ■ t p .-■• t e d
6 A Y e s C* 1 K»>
7 1 MJ) _ r.»p a rj v .
iK - v . r, t T i n
Ij T H E i'Q( rjrp .
i0 1 s n v t h e y r*o y* t"' {■>
] 11 neri t r* iter ' 1 e«? ?
>l]inp- 'or hearsay, Your Honor
v"r '»wn personal knowledge,
t sense I suppose she could
1 her to be tested bv ’air or
1 1 Morrell or whoever It Is.
<2 rW V'h GREGORY:
13
14
< 5
i 6
f 7
A:e they represented to you to have been tested by
1, h e • a g e n e ! e ?
.A T'he t-e t- scores are '* von to tic-.
And s this method less expensive than the method
tf yJng vour owr. battery of ©?
19 Now, do vou know, xneral ly, vhere employees were
20 r. b t a i n e (1 r p i ot* 7 r> Sentenbe r 111, io6 6 ? 'Tom what sources?
1 : A . 0'r»r*rrorv, Miss learne was our Personnel. Director
nnrl we left that: entfx’ely up to her since she was 1 qualified
- o n t] #
o y o u t n ov/ ;)r . ii *prigr*• i?
es, sir'.
z f r .
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you «ver seer Dr. Shepherd at the H-K offices?
i Cv. vo,: tel', mo s< m. ‘ ' ng -f Dr. Shepherd’s hnek-
' i w. ]/ ' ' o rn■ u * •
i
Dr. Shepherd was with Summerour 8c Associates, and
b e c a u s e of Mr. Kaminsky, our President, having been with
i| H. TJ. Kaminsky ft Sons, which is his father's operation in
!
i Fitzrerald, dec re-la. T lev had had some dealings with
|
Summerour ft Asc delates, which is a managerial agency, as I
.
i '<nd<*r .stand if, i:id due so their relationship, Mr. Kaminskyi
j suggested that we telephone Summerour ft Associates. This is
j w h e r e w e ' met Dr. Shepherd, because he was working with them
■ at that Time, which was in the Soring of '6 5 .
Q Do you know whether Dr. Shepherd ever came out to
F-K and gave te>ts himself?
A ’es, sir.
j 1. To - m m knowledge, when was that?
A In the Soring of 65.
Do you know whethi r Dr. Shepherd reviewed the jobs
I at h-K Corf, at any time'
A e s , sir.i
D nd when would this have been?
A his 'fas at the same time we were setting up the
j
procedure or making these tests available to our employees.
rd in setting ud the procedure, did he have any
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t ^ f- y i • i ■-lor.' wit v-*. »-» 0 ? p c ̂
"• - ' r , T a *
’ f
o . ■ " • C U '
t' • t* * •*•* •
o And d 1d \ o :j d i s
c o n e an:v at any t 1 m e ?
A I t sens a 11: V
o Y <5 f- % he method
A 1 d o n 't r e c a l l ,
0 You don't re c a i
a n y nod'" else at the time?
A N o . This was p
respect to the giving of the tests?
< -■ •* v during *he
♦ tac r ^ r h a * ^pr>s f 1 v e n t o o u r e r
’.ether you discussed that with
wi th H - K.
Q T see. Mow, when did — well, first let me ask
you, do vou still, oive dictation tnd typing tests for persons
that. aoply for a lob as secretary’
A Mo, si”.
You do net? How do you determine how qualified suet
t~ • r* v -j
n ?
An •’’Ik esc whe they call me ror .
̂» | >•» p g.t vc rr> £2 t ne ‘■ 0 — If it’s fo ’ a
-> ̂ < f-ion t-hey in tl rn give me th e ir
o 1 n g se ore ° J alo ig wi th a test tnat
1 1 u To -- _ It is a i <T» l J * -f <ap t ? r t
.11'J mo.f • t of ;h< ag-T 0 * i C 10 3 •
Z03
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y
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__________ ___ __________ . . . ______________________2i!Q
A r e ” 1 t a r w i t h - t h e V/under Ilk itself?
i
I - • •- art * rtellicence test'.
h' I • ;ndcr:;t.and one of vou does have some
th ir^ to at 1 unci , so we w 11 suspend until two
(V here pon, Court was recessed at,
12;: OH con . )
AFTER I UNOH
Again, rry apologies. T don’t know any
lons-ee winded crowd than judges and lawyers mixed up
i
t.oret aor, whlrh 1s what ve had over there.
VR . f?REOORY: Shall we proceed? Mrs. Vinson, will
you take the stand, please.
TH'\ OLERK: Mr s . Vinson, I remind you, you are
rti l 1 under oath.
1RS. VINSON: Thank you.
j — : CLERK: defendant's Exhibit No. 17, appUca-
[ • •
1 1 ors for »nnloymen •, V 1 -1 a Virginia Inrram.
MRS. HETTY VINSON,|
'n v ! no test!-Med, recalled for con t t m »d
I
OIREC" EXAMINATIONj ------------------- ------I
j r : .V i i p ' 1 ,5E ; Q P V .
. Vinson, I will show you a document that has
9 / zA''‘hCt- i i (..
-> V y~t
i ; r- a * 1 p.* > -'
7 - .
1 ’ T , ,• . ' 1 - [r
4 'J1
y.
5 ,’orr
6 A/l V -
7 c ■
8 ! ,r*r' [ O V a-: 1>
*> A A •
1'* . 0 cle ̂k — “
1 A ve
13 0 A )
14 f '■ r;n and tel
15 :' 0 fopp7
16 A V P
17 ■ r 1 1 • * clerk
1 £ 0 i rl •
j
- I ;V fc» '
2 0 j 1 at tine - r,
i
! o . * O V*
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' : >'i r> h +- V ■ *
2 3 j i yc-’i a' c
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' ' • ‘ f p r » r * 0 a* -• f. 0 r » !
24l
F \!"' It U -1
‘ -t 1 'it iPpllCrltl
’̂a:r .
^ t ' h n t ? r-j f- >■* * - ,, . .
. :!!!■! ask y o u what that i n .
■ f o r - employment of Viola
o f thepersonnel office <
loll In what capacity Mr?. Tngraam xvas
a file clerk and general office
• 1 file cierk different from the job
fhe had had two years o' experience as
eomir.r o u t a n d mail nr ap 1 1 action.
̂cl anv o t' h **v* • *o n ' c xp 0r* 1 c • a ?
ac mcv fr: ‘ e,f, you have entered, ’’Mo
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And on Administ ration" you have entered,
• VO’i ah le ;.o , 1 nu f,lio on Shirley
■ -emembei anv. -.ivr. v-out the circumstance.-- of
’ - prnp] )vn'----1’ -r v-.'-rk at H-K loro.?
iJot to nne ak o: , M r . Orero’-y. Verv vaguely. She
with us for a short period or time. The exact dates I
iri; 'c fiave, but ’ do -'now there was an unpleasavt circumstance
f * o.t came about and she was not with us but just a brief
p r riot . •
Diu you find any personnel file on he- at all?
' No, sir. I understand that her file "older war,
missing at the time she left our company.
0 /t least you krow that you did not fiid it, is that
•f* -* fr y *- o
A T at : s correct , sir.
■ N w , Mr s . Vinsfo, during you •> examination before
lunch, you 'ere asked ah- ut whether there were on certain
dat°s >r or a certain da e any black employees in the office.
r ' i r 7011 — 2 *• whether there are any 1 lack employees In the
office at this- time?
A \t tills time, yes, sir.
Can you tell me how many there are?
A We have two.
G(c (XV / ' \
... ft «r- \ s
2H3
1 In what capacities are they employed?
2 A nave one black employee In our pernetual Inven-
3 ’ r o d e c ■•rtment an.: another black employee Is in charge of our
<
i ... ’’*.?* and oee ny • ‘ .: f ■- order? met to the ware-
s ■ , ... r
! ..... ■ 1 d p:neat .
o 0
I '■•'ru l d Mth-?’'* oT th^re emr loyees be raid on a scale
7 Il M a h e r t an anv other emnlov^es t n the office?
8
1
i A Yes, sir.
o ! ° V M c h one or ones?
li ! A Bet h .
11 o■ ■ •/hen vou say a scale higher than other employees,
12 wo aid that incl ide white employees? ■
13 * Yes , dr.
14 0 Mow, /rs. Vinson, do you have employees of any
15 nationali ty besides Americans in 1-K Corp. office?
16 A In the of' i ce?
17 r\ Yes .
18 A Y^n, sir.
19 ji o What: are those?
1">0 !
!
A ' \fj O ' . a ,/ O ♦" ̂ ^ *-o 1 p c .
21 i
7 and waat Is the n ture of their employment?
22 What ire their .-Jo s?
23 o vP,
.’4 A We have one Cuban lady in our cost accounting
25 | 3 fhk D r̂ T* t m o nt, we have one Cub; n lady in our accounts receivable
267a
17
18
19
1 and one ’’a nan lad-. in. our bill!
2 0/ Now, vc. were also as
3 t V •• 1 r v | p ^ 4 - '">n be for"1 lunch about
4 . .
> Y > ' » < ’ o «- ta 1 n date.
o asked, Mrs. Vinson, during the
n 7 r r\ rap . o y e warehouse at this time
t> i a i ' - K I OOV* X .
*7< r Yes. sir ■
8
■| Can yru tell me hrw many there arc?
9 We have three bl at k employees.
10 f / nd hew marv whi te employees are there in the same
A 1 s \ \ n * ■■ *** 3 Jr o r»y iotp go y* y O
1 2 i \
.
Throe wh 1 *r ^
13 0 . And what Is that category? What 1s t h e l r Job?
14 r What are their 1obs ?
15 r' Yes .
16 Thev r r c si pervi sing In the various areas. One
hlae>- 5uhervl sot* Is ever the pickers. Would m u ike for me
to rrn o ’n what this terminology means?
mHP C(UPT: Maybe you’d better.
"M,T' ,fl rh’rlSS: Pickers are the toys :hat pick t: e
rdoT's after the order is sent to the wareho ise for
shipment. The nicker is responsible for see ng that the
■'r,,lp7' 1 s picked In accordance wit a the order.
TH-r COURT: I presume f”om t aat, if they want five
1 ?,p ^6 " r ’jtf'yj v>r» o1 ?ks u p five and bundle? thrrr. all
2^5
10
of?nth >■.
Til-’ W TTY 0
; u ' - r1', 07 ■
’hot Is !■! tht, sir
.' i o *" e aporv? sorr hav» w h 1 b e e m p l o y e e s w o r k ' n r
'/o black arm ■' Dy«i's -working under them
8
t; l V r\
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14.
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i + t-
And or« these supervisor; pa d on a higher scale
( ther warehouse ^noloyees?
VT 1
' e a , sir.
Have you :ad a y other black employees In the office
a *e no lonver employ i bv H-K lorn.?
A Yes, sir.
A Can you tell me who that was?
A We have had two.
Can you tell m •> why they left?
One was In our rerr-etual Inventory department and
"•ore to leave and I dor. t have any records as to her
• ■ > ; <r> a 1 1 o r a t t h a t time. T’ ; e other one was In cur data
orooo.oshni’ .-.apartment an i because, unfortunately, we had t o
•i 1 sperr.-- toe complete depart! ent, Including the manager of
' ’- h ‘ l e n a r t m e r t , s h e a l s o w a s r e l e a s e d
o Old vor sever the » ntlre department and all of the
26 9a.
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r-i r _■* pi ’ q '*
• • 1 ». t ,f. •• «rt 'V8" *»e 1 oured .
••• made ! *-> 7 Of f "Tt to fa-p^ploy either of
t i i P . • o r o r ' l f*'. v C‘ C‘ '
a Vos, n ! . T t e ' l o D h o n e t ho M a c k employee in our
da*--: p r o c e s s i n g d-enartnent a n d of; ered h e r a job a t one p o i n t
when -vo npf:if>d s n - i o o n e , I b# 11 ey* Mr . Ore pro ry , that i t w a s ir
pm- r-der department, t o ask her f s h e w o u l d be Interested.
S h e , at t h a t time, w a s w i t h Rollins, Inc. on Piedmont, and I
with '"er t h e teleohone. Sh® was very happy w i t h her
lob and s h e s a i d t h a t s i n c e s h e hid been there for a short
ner!-d of time she would prefer n o t changing jobs.
Q Do you remember what he • name was?
A Pardon?
0 Do you recall her name?
A Today T don’t, sir. T have it in my files and I
am .■ ;rr\v 1 didn't think to brinp; it with me.
MR. GREGORY: That Is all.
PECROSS-EXAMINATION
BY vRS. SINGER:
Q Mrs. Vinson, can you tell me what jobs Mr. James
White, Mr. Harold Paick and Miss Martha Lewis work in?
I ’m s-^rrv, I didn’t understand you.
0 What is the job classification for James White?
A . James White. He is in our production control
___________________________?46
/7<' C L
& h:9
• o r - r •» t * J £4 *'<j r r ■? ♦* *
J “ y.assif 1 d ar a supervisor in that department
What, ah rut Mr*. Pale k?
A Mr. paiek. He Is 1n the same department doing the
. ..f wo.'.. .
Ann Vi rr Lewis?
Mor.1- . 5lien Lewis 1 r In our order processing
d°rart.ment.
And what does sh" do? What Is her job title?
A She does.n t have a title per se.
0 Since “.he time you star ed w irking with H-K, have
-inv black person::; been emoloved as secretary, correspondence?
A A? secretarial, no.
You testified that the applicants you now Interview
usuaii’ core from e ployr.ent agencies with some cind of test
scores. Can you identify those agencies and tell what tests
are usually giver them?
A I can give you sore of the cnes that I work with
rp re freq uertly. Your employment
m ; ] f“ V“} is reor'e. And. of cour
nr ?mar11y use tho se agencies that
ar. i X 55 1 r . ReynoIds , B *• B; I am us
T . * ~ ̂ ‘ A I ', * v> -0 L> ry -?% onnel; 1 ]je Pi Ppr|
7/a.
?H8
r r: ■ i th ar''- a 1 * private employment agencies?
Ki r.: °-f test? + he?e applicants cone with?
■ -1" - < • n o o r t e s t s Jw t h e y . g i v e ?
1 " b c:. O'1. T *n *>uro 1
4 ! n t " 4 -fO b, . y,
9 | bunderlit Test .
o
i And do
1 J i a m i nu t e ,
I 60 word
11
1
Ai They gi
15 r\ v or b n 1
i thing art
14 po i n truer t for hf r
I ?
i
!j! hut, the
» : n. • .»/bot ■'nr* 4 r r h*
17 A Yes , uh-
18 Q Talk.i ng
19 Core,, you said he
20 r| 1 : > i & f n to H-K t:
i
.1 l t A I don’t
j
— * | o y C' U ̂ i r' h 1 m s ■
2 > V ̂ hg WOO actualL
24 ! wi f. h K-K, through
1 ~> anpi icarts and I w
weirding, to the job description that I give
>'n sure ’ f i issue a .lot order for a secretary, they,
we
P ’ior to Miss Hearne 's employment
O r 7 c
^ f ^ C {
li'2?
2*19
1 CHUTo ° that thf,r ■ was any th n<* t •> do
2 Vm r\ r»T • rl-lln; -A 1* 1 J h*1 Vis 11 d >ur of
3 n • - . > . ■ once a me 4- V f „.i. m
■i*1 the one th . r
5 vnu VvCr:t to Miami r rcle?
9
10
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12
13
14
15
16
17
18
19
20
2 l
r.h- snail0.'* off1 ce i-pf n r»p
a That 1.r correct .
An 1 that office he v's* ted npproxtmatel t once a
month, a say?
A T Y a t o f r I o e w a r — —
n w,a:' visited ny Or. Shepherd to administer tests?
A, Also, after '’iss Hearne came with us, of course --
she ’olned us at the tin? we were in the Peachtree Palisades
Building. And after we nnved to our present address I also
e r seel ng him and. In fact, he even came u y to talk with
me on one visit or twice, I believe.
o Nov;, wren Dr. Bhepherd went to thy office on
Peachtree --
a Yes.
-- to administer tests, to what citegcry of employee|s
did he administer those tests?
Who did he administer the tests t a?
D Yes, that is right.
a m y , * „ th1̂ Of ’ 6 * v
— ,nn<i at that time w- had, I think arouni twelve
173 a. ; *»
1 salesme • * r i •: t 10'
7 !j
l!1 ^
» -r _ .
5 A T n rr v ’ ■ r
6 Q You al-o
7 ”r - Or . r' - ̂ o h e • ■*
s A T11 - h' r
V o Hid he
10 t' S-t •
11 A V/ r> t*r q 1J ] ,
part'cal ar .job, nr-
13
me and -— I car ’ t
14 t i on me as to the
15 70:1 knov , in eva1 ■
16 0 Yes , but
17 ! -i ■ 1m ?■ > later the
1 -
14 0 " The revi
20 j Before t
i2 t i 0 Well th
> J tt.e test s were adm
2 } adminisi ered ?
1 a t ..; r) r i v
nr..' « f ! 1 4 r*n ]1
250
M e r e the rpr 'hat he administered the
i dm 1 nl s * e ■ ■<*'■ ■ c. • ' , ,
this hat "t -■ ' r- *
v rledg ;, that is correct,
merit lor ̂ d th^t during his visit at H-K
reviewed the lobs at H-K. Corn.
this on the same dav that ) e gave the
' d >ne?
.ru-sberea, vne same aay that tie tests were
nemembe-. I don’t; believe that it was that
d have bee*1 t'-> <■» rjr>xr b or» f dnv t*Hn+
Z 7 V . I
?51
! n 1 " t e t. I don't recall.
t Vv! 11 shrv *n “tot ha** been 1dent 1 —
-V’, th*- nor. Iictnt blank of ^iss Ingram. Check over
’k Experience” a little more thoroughly. Does It
5 | not. -hov that she had thi s experience as a file clerk between
>no lohH?
mhat * correct .
Her subsequent experience consisted of counter girl
3 | r ’ c.. ■ ’a a
4
i
Up'OO T
|
5 I not: ‘he
t
6 I 1 ccA an.
7
«
K
P for a c
-
Camr..
> X
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12
13
u do
1 5 no
i(>
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F.-.Y " R S .
i; *3
18 and '56
IP A
20 T
A
y ?
1
| Q
1
2 3 t ho rtf- w
THE COURT: Ideal *hat?
m r s . SINGER: Fish Camp. Is that correct?
THE WITNESS: because the dates aren't there, I
't know whether t eat was subsequent to this .job or
It could have been after.
Right. The file clerk expei’ience was between '56
Correct.
And the other .lobs —
We don't know whether they were before or after.
I am not asking you to testify to that. You said
> two black employees in the office now and one of
~ root, uni i m enter" control?
C ?»£0/7/-, k ’lT75a
V J »
2 ;
r r t ( - ‘■"th that. Job description
. '. 1 r ■ ' r-<x-\ 1 n r o o o r ^ t o r ?
n r* 1;
because- vour -exhibits listed that —
t ‘- n] .Ir-eH-or... control is a control of
, our r.Jsi.od products, I should say
'r ' ; '1 rf5-" that cone into t’o house
' - '°ev..n Made, s o w e will
h a v e to sell. It 1s
•o i s t h a t n?2 ' ‘ c u ] a r o n e r a t J o n c a r r i e d o u t ?
(' f M i '< ' . . *}
t-.i.: : n ? It is in o jr office are
crt
as t • thi other question. These black em-
•ubsequent to.t h e commencement o f this
ui ■ Hi:.'sequent t o
C 11
h a e the:-’
’■:as o u t t h e r e .
j- i- ’ o u n a v e
J
253
1 0 Can you tell me when these persons became super-
2 7 : ?
i' rv. ’ don’t -:ave the dates that they became
5 o War. 1 i subsequent to Miss Colbert ’? lawsuit?
6 /i No, 1t was after Miss Colbert was out there.
7 o It was after she went to the company?
8 /r Yes .
9 0 You sa!! that they wore raid mere than a regular
10 souse w ' o.L (■» r\ *"*
11 A Yer .
12 0 What exactly is thoj r nay scale?
13 A We si art- our emplo ees in our warehouse at two
14 -lollars ft' v n hour.
15 o Now, I guess?
If A Yes .
17 0 In the warehouse, hut what about the supervisors in
’ 8 • ̂v-v ̂ V. ’ I r ̂ ?
19 A The supervisors, ’.'ell, I don't recall which ones
20 ^ak in,u what, because J felt that I should review this
2 1 i n formatlon In our payroll department, but I know that one
22 M a c \r fr ervisor is nakinr one hundred ten dollars.
23 C{ A -«u>ek ?
24 A And we have one white supervisor that is making
2 5 o n e
___
hundred ten dollars and I have one white emoloyee that is
2 1 1 ol
* 1 r.-k.lnr ore hundred dollars . T have one white employee that
'y 1
| ■ ’ dollars a no <-he tvs' black employees that are
3 ! making hi net v dollars. I have two one hundrc d and ten dollar.
4 on» ninety dollar -- no, two one hundred and ten dollar, one
5 one hundred dollar and three ninety dollar.
6
1 Tv-n- to fine. The two black women who work In the
7 office i*o r you, .Mrs. Vinson, are not do inf* c erl ;al work,
8 that la, tyring and corresoondence work?
o a T ’■'lock employees? I don’t believe o.
IU 7 Wall, the job description doesn't sound like they
11 dr. Have tie employees been unionized since 196^?
12 A Yes.
13 0 When was the date?
14 A I b̂ ct; your nardon?
0 Do you remember th<° date?
t <• • THE f^URT: When the union organized — •
1 7 THE WITNESS: No, we are not under unlcn. I beg
8 your nardon. No, air.
J 9 ME. GREGORY: You don't have a union?
.
20
.
THE WITNESS: No, sir, we do not have a union.
-fc J MRS. 3TNGKR: One last thlnp, excuse me, Mr. Gregory
22 I would 11 <e to offer in evidence what has teen identi-i ' ’ ‘ •
27 i f el ;s Plaintiff's Exhibits 17 end 18.i
24 THE COURT: Those are the responses?
S NGER: r ’o • he : -.terrc gatories .
i
r) > ’>
Z7fa
1
2
4
4
.5
6
**t
8
Q
10
11
12
13
14
IS
16
1?
18
19
20
2 I
22
25
24
2 S
'
.. ______________ _______________________________ 255
MR . GREGORY: We have no objection to the responses
"i " ''vv-- n ’t consider what has be n written on
r>r+~ V-> *r ^ c; <> 1 e » r 1 \ e r #
•‘•'2. The c i e s .
mn;. Adrr 111 •=■ ■
(/.hereupon, Plaiitiff's Exhibits
Mr?. 17 and 18 vere admitted into
. ev idence.)
REDIRECT EXAMINATION !
IBY MR. GREGORY:
Just, tw0 more questions, Mrp. Vinson. Reference
was made tc the Fish Camp on Viola Ingram's application form, j
Tr there aiythinr t o show that the owned the Fish Camp? !
A She said she was self-employed so we would have to
assume that she owned the Fish Camp.
C Would you look at the next entry.
A Then the sold the Fish Camp.
THE COURT: Well., I assume the point of the questio*
was whether that qualified her to do clerical work.
Ml. GREGORY: That's right, .sir.
THE WITNESS: Pile clerk.
BY MR . G R E G O R Y :
And, I believe you stated that Dr. She>herd gave
the test only tc salesmen?
A That is in the Snring of '68, yes, sir.
2 ? f Cl
256
'i '/r- \ n r: -C:
ear t' at be personally —
s, that particular ti^e
i
vp w:
■ p- y ■ . iv.-m, Jr? . '*'1 nson.
(Whereupon, the witne s was ex
cused from the s' and. 1
: Your Honor, at this tine we would like
to call Plaintiffs next witness, Dr. Robert Shepherd,
whose testimony would be by deposition. It is the
position of the Plaintiff that the Court should consider
nlL of the direct from lar0 four to nape fifty-nine and
the re-direct examinati m from pages sixty-nine through
seventy-four*. We ask t ie Court to pay attention to
par.es nine and ten of > s deposition wherein it is indi«
cated that he never die a total ejvalupition of the clerical
r x .che H-K Cor*p? .We ask the Courtand secretarial force c
nay r ai t ioular attei . J.rv
r* t* e% p *' * p ̂ t? ̂ j£ -1 ?en
n r ^ i s c p/ t> *• •""5 - •
»o s 11 i on and page th rty
t. <?(' dr- t he Co ur or
! n 51, ki 0w what Job 0T*
• v- p; £XCT* art
X'\r -m t . .1 7 six e f is
—c r r- s r r > r. th- t s t
1
ien-ar i page thirty ol
) r which Miss Colbert had applied
art- to pay particular attention
is deposition pertaining to the
prk the Court to pay particular attention
''i ' P! " t y - t w o a n d f'*'t;.'-sev^n of hlr deposition
-o', •reused himself t . tne effect that the
c i H i nr ! r was • >.er tal 1 y qua L5 f i *u.
ia;k the Court to >ay particular attention
’• race seventy-four o r Dr . S lepherd ’ s deposition where
o" dl d n ' t have Information or persons presently uslnc,
the Ct.1 a Se.1 f-Admini.star4np; Test. And we ask that the
■dennr 111 on to unsealed and made a part of the records
for th'vo d t o o g p lines .
j i : k non; r : I hello ye we arreed yesterday ,1ust to
submit r>p deposition.
THE CLERK: As an exhibit, sir? That deposition
will be Plaintiff’s Exhibit 19.
MR. MOORE: As I recall, our next witness, Your
Lor r is ou- exnert witness, Dr. Richard S. Barrett,
whose testimony was taken by deposition on October ? 7 .
19Cc, bemlnninr: at. 5 : 0 0 o m. at the offices of Arnall ,
C ’ 1 d e n K C r e cro rv .
Is that arrett?
Yes, sir. B-a-r-r-e-t-t.
This would be Plaintiff’s Exhibit No.
We ask the deposition be unsealed. As
THE C1MR7:
MR. 'DOPE:
t r o r r,: oK:
TvTp ty *
we say 1n the case of Dr' n t , e e a s e w ’ t h D r . S h e p h e r d ,
•o>— hr ’-r h’.-.'jrt should consider and read all of the
lor ■.•It Ion. Of course, we are interested in the Court
ren d t ng hi r direct examination arid his r^d"'rect, but I
ohi iv; t. r\f' i cor1 should r<-uiu his whole examination. We
would like fo” the Court to take particular notice of
r> ~n n of Dr. deposit ion wherein.he
indicate:> -jhat. 1 n M r 5 on1nion, 1s the best approach for
ii-h Corn, in terns of devising ia test, the man-position-
mat chi ng test.
We ask th? Court further to nrrticularly read* j
nares twenty-seven through thirty-seven of Dr. Barrett's
deposit ion where he analyzes the report that was pre-
'•?»)••• : Shenherd i ■ whi ch he evaluates the Plain
tiff. We ask the Court to cake particular notice of
Dares one one tour through one one five of Dr. Barrett's
deposition dealing wit a Dr. Barrett's basis for evalua
ting Dr. Shepherd's analysis, even though M s s Colbert's,
rasooases were not available.
We ask the Court further to take particular
notice of pages one twenty-six through one thirty of
Dr. Barrett's deno;?iti>n which deals with the EEOC
iide 11 of testing tv>ot is,, the Eoual Opportunity
guide lines on. testing, where it is Dr. Barrett's opinior
that these tests used tv the Defendants are not professlc
259
2
1
9
10
1)
12
13
14
15
16
1 7
18
,ly !
2v |
> f~ ' i
2: j
2 * I
■yeloped t e s t s within t h e treaning of tne guide line.
W- also ask 1 iv- fount to look at pag<»s one
re ugh one thirty-seven of Dr. Barrett's
a* ing with a Case riook on Ethical Standards
3 ) ] r t-V nc tv'rr-u
4 Jepor i t o n o-'ali
s r '■ * * c
6 f- O «? +■ was fi ni rr s
/
•
> wed - v H r .
8 There
i n his r e c r o s s examination, pages one forty-one through
o n e forty-two dealing again with professionally developed
a b i l i t y tests within the guide lines; and at pages one
forty-three through one forty-four where he gives further
opinion that the test used at H-K Corp. were not pro
fessionally developed. When we say generally tests used,
his evidence covers the typing and dictation tests as
well as the Otis Self-Administering Test and the 16 P. P.
Test.
THF, nonPT Just as a natter of interest, what would
they b e if t he; were not professionally developed?
m h . ■ 'oopg- Mot professionally developed and, there-
f not. d e f e n s e s to ? cl a4 ̂ of discrimi lation in a
The riitle VII permits an employer to
suits of a nrofessionally developed test
re persons for employment. Where you
show t h a t there is a professionally developed test, even
* -> r>0 r)o t <i » f e n s e
'11 1 e V I I « i i 4 +- .> .1 : •
■ely u r on H h pop
n n o ̂ | ’ g t o h l
OVr h S t **' 1 c* r* o 1
'2$3c<
though t >: r'»r£'-.-; who was refused employment, promotion,
wor.r oV-r it n.'ght be, uncier the statute, that would be a
, if profes ! o' o Ly developed showing re
x', ‘nee tnat r,articular phase. I didn't misstate the
1 a,v on t n a t . did T , m *». Gregory:
NR. GREGORY; No, you didn't misstate the law.
. yoop.E: We move admission of his deposition
NIP. GREGORY: We have no objection.
THE COURT: Admitted.
THE Plaintiff’s Exhibit No. 21.
(Whereupon, Plaintiff's Exhibit
No. 2 0 was admitted into evidence )
v 2• Morng: Your Honor, there is made mention in
Dr. B&rrett's deposition of 2< ual Opportunity Employment
guide lines. We have rotten ‘rom the Commission a
certified copy of the guide lines and we would ask that
they 1 e marked.
to GREGORY: V’e I m e no oh lection.
* - -0 RE: W m Id yc- ma-’K this PI.lint, f f ' ? Exhibi'
rJ-IF. CLERK: Plaintiff's Exhibit No 21 Admit It,
Your r onor?
' HE COHRT: Yes.
(1 hereupon, Plaintiff's Exhibit No
?"• was admitted nto eviience.)
I
3
4
5
6
7
c
JO
l 1
12
1 3
14
15
16
1 i
18
l 9
30
3 f
'} >
261
*ip # r>4: • r? '7 . 1 our Honor, if we may, we would like to
1 “ 'if '.’o : j■ er-t *-or cUiuut. a half a cosen questions.
i’hE ( j i . •5'~ : All rimtt. . s1 r .
nn C-.- t.i/ ,)I? . Tak > tun **t; 1 ̂I r\ r* r\• i * > > ■ ̂ . .
T H E ( LFCRK ■ Miss Col>ert , I will remind you ycu are
st■ lL undf r oat 8 .
MISS COLBERT: Yes, sir.
MARGIE D. COLBERT,
‘■ivinc testified, recall for continued
REIHRECT EXAMINATION
BY MR. MOORE:
Miss Colbert, vou have been present in the court
room through toe testimony of Miss Hearne anc Mr3 . Vinson
and during your own testimony. And do you recall the testi
mony pertaining to a telephone conversation you had with m i Ss
H< arne on or about September 17. 1 9 6 6?
A Yes, sir, Ido.
0 At which "ou called Miss Hearne anc inquired as to
•whether nr not you had been found acceptable for employment,
1 •. ♦■hat rl gh t ?
/ Yes, sir, I did.'
C During the course of that conversation. Miss Colbert
■•"'M • ou — strike that. D: d Miss Hearne tell y >u that you
dan foiled to qualify for the employment because you did not
meet certain intellectual requirements?.
5 2 '
2 S f a .
i
2
}
4
5
6
7
s
9
10
11
12
1 3
14
15
16
» T< /
!8
W
20
•> !
22
*5
25
Y PF o did.
26
What wv your response to that?
; ■ ir.ke i h«r to olenr.c tall me 1n whit areas of the
that, T had ral lad or* even to give me th » teat score.
' h *'• '-.id s h e c o u 1 d nof divulge that informat! on because she
Uiln’t have It. S’/a only had p letter that was sent from Dr
Oherne"d to her a* •i hat she dl d not read to ne. She only
said that J failed t meet the Intellectual r equipments to
employment at the t1_ Coro.
And what w s your reaction to that Information?
A I told her* thank you and hung up. After that I
re • t- real ban and T sat down and cried. It wasn't that I
thought I should have made a high score on the test, I felt
like within myself that I should have made a passing score in
order* t- he emoloyed at the I -K Corp.
MP. MOORE: Would \ o u mark this as Plaintiff's
Exhibit Mo 2? and this as 23?
THE CiERK: Right. For identification. Plaintiff's
Exhibit No 22, dedication program, new library, senior
ring cerenunv, J. F. E . L e e School Auditorium, Wildwood,
! la 1 nti f f's Exhibit No . 23, diploma of gradua
tion, J. R. E. ,ee High School. Plaintiff's Exhibit No.
24, the America .s Creed. Plaintiff's Exhibit No. 25,
' hi phv. Icgrapr s .
'EY MR. MOORF:
263
1
»
r - j
, A
i
Y 0 f« |
4 0 What 1s
5 A Tt. 1 s a
6 rear at J H . E . I,
7 o And a ‘p
n v o . : , • r
<> Q Are you
10 A Yes . sir
u « W o a t loo
12
■A I sang o
13 Q A id does
14 q f ̂n p 0 ass sone?
T 5 * 1 T*
ow you Plaintiff’s Exhibit No. 22
i p ' o o ^ n t i p
ee High.
you listed on that program?
, I a m .
Are you listed as a participant?
u> |
J
7.0
I
r» K. MOOSE': Your Honor, we move the admission of
Plaintiff's Exhibit Mo. 22.
H HE COURT: Any objection?
r7R . GREGORY: Your Honor, let us 1 cok at that again.
THE WITNESS: It is November 7, 1956.
MR. GREGORY: November 7, 1565. We would have no
ob j ect ion to that .
y vp MOOP.E
w’r-' r,M b e r t , 1 - -u Plaintiff’s Exhibit No. 23
V'"' ^'-oognl 7,e the' .
I V c l
c
6
on T
A n.i w’'■at is it?
It is tbe gradua
~r it ion cr x
Ann ! ;> • hero a
Vac- “ > ‘r. In the
A n ri i -? "o ir name
i O c 'r, it is.
> *-■ 4 ̂ i .
■ that I received the
H. E. Lee.
r ’ ° ! 1 ached to your diploma?
d; 1 back of the booh.
1 a" one of the graduating
10
1 i
12
1 J
14
15
16
17
18 (
19
' '‘l ••-"t, I show y o u rlalnUff,8 F x h l b u N o > ?c.
" n d a n k y o , i * d o V O ) r e c o g n i s e w h a t t 1 e y a r e .
-,V a. e my pictures that we-e taken about]
°f0r° ^ Uatl°n a photographer who was assigned
’ ~ 3c 1 fr°rn Durham, North Carolina.
Inid these are n f-*-iir*Po rP 'U- e° of -vou In your academy
: ■] ■» f ■ » n r ,
’ejra H a ?
Ci
yes, they are.
Ind I show you pj~ Int if N s Exhibit N). p l i and ask
.VOU I f y o u' O U r e . i o g r . ! » « t h a t d o cument1
■> sin.
’ , * ss ('olheyt'7
was enclosed in mv diploma
:°V horl'-ya-
b.y a member of CongresL,
I t h e 771 r s t D i s t r i a * -
24 I Creed.
of ‘ iorida, the American
Hi-' it g i v e a date?
1
jL
.3
4
5
6
•?
K
9
10
1 1
12
13
14
15
16
1 7
} P>
19
20
21
2 >
?
ny r-
Wpc _
265
— no, sir, It ionsn't
' s nr 3..t «?
JO , S i
THE COU RT : A pretty
MR. MOiORE: Yes , it
THE j r r'TNE5S : Tt was
T>rp CO’"RT: Is he st
"HESS : As far
THE i pm . It does :
Delores Colbert; with congratulations upon high school
graduation. "•’ay the future bring you success, happiness
and the highest Ideals of American citizenship." Signed
by your friendly Congressman.
!R. MOORE: That Is all I have of this witness.
You may eyamine, Mr. Gregory.
THn CtiERK: Are all of those admitted?
THE COURT: Any ob« option ^ anv ef those*7
- C-EOORY: Y*s , ' 7 think «e wi 1 h: v e objec-
t ion-'
dECROSS KXAMINATION
n. GREG TRY
Miss Colbert, was it your testimony th?t your aunt,
Leek, daught you at the ,T. R. E. Lee Riga School?
A On., .>i , she die;.
‘ha:.- uiu she tench?
m CL
J !
2 !
3 ;
I 266
6
7
8
9
10
1 1
12
13
14
15
16
17
. o <* e e nom4 cs
0 Home economics?
r' r " .. yf,u teli m• vou r>pcr3•» ed this diploma,
tl’is exhibit that appears to he a diploma?
A graduation night was the last Thursday in May,
s*r • 1 r’ -n^ It was the 31st of May, but we received the
diplomas after that. We srnt a copy that was rolled up like
a scroll with a bow on it, but this came —
f ̂ O V O U 'rl P V t O O D V ?
A Mo, sir, that was a blank piece of pan* p. It wasn't
a diploma at a 1. These certificates were sent i rom the C o u n ^
Superintendent's Office. I think his name ir Mr. Shellnut, If
he is still employed by the Sumter County Board cf Education;
hut, the night we graduated we received a blank \ lece of
nanet? rolled up like a scroll. These were presented to us
before we left the school.
3 8 Q! much rf .e" graduation was it that ou received
i 9 this;
/ » * 1 A Around Tune 1st, 2nd )r 3rd. We we^e reallv not in
I i j o e h o o 1I
1
June 3rd, but they requested the seniors to come back.
J—
o .1 And did the seniors come back to the high school to
21 recei.ve the diplomas?
2 4 A Yes, sir, we did.
w o Did ycu receive a report for the second semester of
,110 a.
5 I
1 t V) p y p -) vi “p
2 i e- e-r. us T know -as 4 ̂ T ! A . 1 Ui u •
1 1 <•*»_
j
• ■ nr: iskt a/ .. 4 ~ ̂4 .4*■ fc • • ̂ SJ _u 'u •
4 r did. !
s 1i " you nay-e that r •t card?
6
A
No, sir, don’t.
7 1i o No yo j e-member v tat '’our grades were on that card?
8
* Arp y >u - ’iking a tout specific subjects, grades In
<> | general?
t
i 0 n
! '
Whatever you reme nicer about it.
1 1 1 A . i As far as I renerr )er, I took trigonometry, home
12
| pcnnomi c<5_
13 THE COURT: English?
14 THE WITNESS: Ye£ , sir , I did take English.
15 BY VR. 0 RF.GOPY:
16 0 Hid you attend sc tool regularly du-ing this second
r; s ema a tnr' o f .vour sen ! or ye& r?
18 A Yes., s*— , j did.
19 !
i
Q Ann ye: still do iot kr.ov: why the entry, "Withdrawn"
20 * i 55 on your school record?
21
A No, sir. as far as I know of I don’t. tfhen I en-
22 j!
i' ' i 1 od i r Massey a transcript of mv high school grades was
23 |
1
sent to them and at no point did they tell me the'e was an
24 ’ ' noomolet eness on the transcript that vas sent to them. And,
V , • - . l-oT.- T •"'veiled at Massey they spoke with the counselor
y/o .
2 6 8
3
4
5
6
'*nd '•'hitohurr v to have a transcr1.pt forwarded to them
■‘t Massey. Ar. : at r.o time when I came to
1 r*" T rr.1,-1 :here was ar. 1ncompleteness on the trans
e p t .or the copy that w a s s*»nt to Atlanta.
Q Well, during these two times that you looked at
year school record, did you notice that you had no grades for
7 r • -m n end comer to1- of your senior* year?
8 1
1 A I .vasn ' r concerned wirn the grades. 1 was bas i callj
9 ( • o a » * y •••*'} w ■ *' h ~ t’ t est scores
* ,*
|
i ‘ ’ a*-’ test scopes'-’
i 1 A And parti mlarly toe 0 tis IQ Mental Test.
12 n '
.
An! you did not look a* your grades at that time?
1 3 A NIe, s'", T had seen my grades previously on my
14 • *Tj r-\* - • 1 ' cor’d .
' 5 r, V) ere was Tamese LaShawn Colbert horn?
16 A Tn Leesburg, Florida, sir.
i ( Vv| in what hospital?
18 Leesburg Henera! Hoop'tal.
19 Q Do you know ’whose name Is recorded on he hospital
20 ’e cords a.?, her* mother?
2 1 A As °ar as I u now of my name.
22 Q 7our name is recorded as hex- nothe"?
, . 1
1
A That * - right, sir.
24 ! O . And whet was the date of her birth.’
- A Adi* 1 x Is v., 19*6.
* >«y 0 o . I — ~ ‘--c
.5
269
TV- ‘
o
K
] 1
12
1 '
14
15
16
1 7
18
19
20
74
dur»1np' tie second semester1 of your senior
>r , '■ s • t h a c o r re c t ?
nc
Y e : . , s h o u l d h - v e b e e n .
.. i; iij now s 1 re* fT':rrf’?
i -. . T am.
r ' "s she live with vou?
Y e ■ , s ' r , s n e d o e s .
Ar:-! v:eere is her mo* he r?
In f h actual sense of it?
Ye-, her natural mother
Rdl Ir Nickerson.
Is sie married?
‘Jo * as I know c f .
Where ones she live?
her mother?
Who is her mother?
7 haven't been in touch with her in over a year.
The last t m« that I heard from: her she was in New York City
and r una . c?
Was she- wf rkir t‘
A lot as T know of, sir.
0 )r vn:j kn< >w wh 11 she was dolnm?
A t>war; v si tier: at t h e time. She had left Leesburg
th ? ' boyfriend of hers and he had cco le uo on the season to
.». ■ - , h" -"t ar sent i • r her.
Has sne shown any into>>est in this child?
A N o n e w h a t s o e v e e x c e n t for the last time that I
n c l ' ,
u
Jk f
■\*p r** ! > Atlanta then and, T think, she bought
•: e hath and h v-* -with a duck on It.
in.' •• made ar 7 t .‘‘fort to support the child?
' ̂ ~ none v»hatr v--r .
Q A in. w.- did yea feei i t was your obligation to
;nr.ort ’ he ohi b?
a It wasn't a decision that was based solely on my
r. that was discussed between riy aunts and
l ever- the ether two girl coudns that
since I bad no sisters or no brothers it
; T wante l to, because Edlin wanted to gel
think she was too far along In pregnancy
to do so, and her mother also wanted her to get rid of her
o>/r I t was a t h i a t
n a n ’ m v s e l f a n d
wer ■ nro: '• a r 1 1. ; a n d . c*
*.r •' **■ ;-y »•- * o *■' H at
ri d 0 f . t v• e b a b y .
■ * i e d to secure sources to do i t , but after she had
1 so far along in pregnancy they feared for her health
so ok the resno is ib 11 ity .
o \\J H r\ was h jr mother? Not the mother of the chi Id,
ho mat he v o r t \e mother o;' the child?
A P rs . R»ss le E. Dicke’*sor>.
D ' n s V-. /->le of the tro aunts that you lived with?
A ha t i s a ‘ ght , sir.
Q Did £ n kjtve any other' child?
A LaSade A.l'rett? Dickerson.
Did she offer to take the child?
Nn, sir. I,aSa< s was in, maybe, eighth, ninth grade
!
2 i :
t P O D
1
A n ■* ? «- v ,■ g-andmrthrr offer to take the child?
1
i
■ :he gi and™ “ -r -- Edi'r's mother. She
1
h i Ji, Mr . - -■'*• v . As I said , she had tried
c; |
' •' ’ • '• c; ! i Leerhur - ' Sd 11n to have an abortion.
(' S h r. •i hr t want !
i v D1 i vo! adoot. the child?
S No , 1v' , T haven 11
•. i 1 n,. <- 11 did sign as .mother at the hospital?
10 A Y e s , s' r , I cl 1 d .
1 >1J
0 Wpr>o vo a in the h'\spita] at that time?
12 A . Yes, s: r. In fact, I went to the hospital with her
13 t Y)ip roo rr; 1ng that -he started labor pains. Immediately after
M K o was out of the recovery room I was in her hospital room,
3 5 yen .
16 0 / nd d id VC u stay in the hospital room ;ith the baby
1 *—
t / a t t.hat. tine?
1 'A
1 ' ’ r t' i: y "ann't there .
I
»v | later . t h a t afte ’noo i, [ think.
H 'in't see t ae baby until
Did v v.i stay in
THE C )UP?: You
MR. d 1E00RY : As
THF W :TNE5 S : Oh
2 '■ "■'/ MR ORECtORY :
m d y a; nay t h e h o s p i t a l h i l l ?
27?
V(,s, 'ir, l d 3 d . I na! ’ cash for It
f l r . ' i yo u w e r e --
1 i A
1 was no» emnloyed, no , sir
.
4 I
1
J You were no t emnloyed?
5 | A N o , s iv’. My mother diet1 in
6
7
to
1 ]
12
13
14
15
16
received her Social Security benefits and an Insurance claim
lhnt baa just cone through, I think, somewhere around * 6A ,
ĥ i>n >c*p "t t-Aok »>jo or three years for me to get the mone,r
afl-!' s d i e d . And 1 paid for the hospital bill.
And ii . you sign any other records as the mother of
th^ chllh best ler the hospital record and the birth certifi
cate? ’
I don't think 1 signed the slips for her to get out
of the hospital. I don't thin! the signature was required.
T think only the tnsurarce form . The/ wanted to know who was
going to oa.y the bill if there was any insurance and if there
wasn't , they ar ked that the b̂ i'l be raid in cash, which the
i ' ■ ra~. It v.n raid ir cash,.
*9 Q Well, t h
20 i C\ r> , ' j o s trie mot
2 1
1|■ I n , sir.
1
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n ; \ T (T » f * / eri our-
| suit O *71 t”, n m» f *• j
z s c h.ool we ’nt
3
4
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15
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19 !
20 II
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___________________________________________________________ 273
■ ?!Vr' nn~ ' -'me to fully Investigate them. They were
'* ' ‘ '} ' " • r °C•11! Y bv 4 h“ nv«nc1nal of the school down
‘ ' 'Tn • -I r” " : -late 1 n ny olace that I did call Florida
oot a cot. v of the birth certificate, but Miss Colbert
.as - u ready told us about the birth certificate. \ r .
f’r-pa' 5 s has had another e''nv«r»saMon today which I would
t■ -tat? 1 • M s olace now, with the Court's
MIF, Cr ITr7T ; Well, of course, it wouldn't have any
r i ro<" a 11 v e \ a 1 u e .
CF. GREGORY: No, sir, except this. Our puroose in
do'nr this is that ft this point and with this situation
■ n the case we woulc 1.11 e to adjourne or recess the case
w e -v. e l d take lep • s i t ! o n .
dust what this situation is.
'i Florida to find
a’WF '",pTTr?T: Well, I normally permit in non-iury
natters the "on r Is to be supplemented if I don't have to
b a *nvolved in it
GREGORY: No, sir, you would not have to he in-
T- ->a i > t
T r you want to take another deposition
' 1 1 ” ht ; U . h r e .
f ' - * Mi.]. V;« vv>: ul-.* like to do is -ake some
udO'.-s it Lon:, in Florida to find out what the situation if
'i • ~)w' t h rir*̂
/7,
/ <97/,
> uf r
1
2
3
4
3
6
7
H
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11
i 2
13
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16
17
18
19
>0
1 I
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2 4
2
27̂ 4
Your Honor, I wouldn't, want to see the
THF. GOURT: I wouldn’t dot ay the case. I would
onirrpp'. ye e will dc this promptly.
TH'*: no UR"": Attain, I have grave doubts about the
wor*t*h of a) i of t-hif . •">** course, we have v-ad a turn In
and that Is a diametrical! y opposed testimony a r to
between the parties' witnesses about her personal claims
This 1- disturbing because this is the hardest oind of
Issu^ *or n ludge to decide, these straight credibi ity
mat.ters. I think the class claims relating to testing
and all, about which I don't really know anything and
’won't until I read these ‘.epos 1 tions, is so~t of techni
cal legalistic r.ype of th ng that I can cop a with. But,
bar n-rsonal cl aims there is a tremendous credibility
nr->'l rm hero with what I 1 ave so far. I guess that is
what. I am paid to do, but I always hate to lave to
wrestle w th them and T realise that it Is In that area
t he' you 1 ave made these allegations about ner school
career and alleged motherhood of the child.
— . G IRfJORY: Your Honor, we would, of course, con-
wit:, the evidence that we have here t id ay which,
as far as v- are concer e d , can h v done ver ’ quicki e
!'~"t 1 didn't a: tieipate before v e started
1
2
3
4
4
6
7
8
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10
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13
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-4
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-----------------------------------------------------------------------------------------------------------------------------------------? 7 5
PHh 20 R?: Weil, it might be that a deposition
■ c - o - . i r t h a t u p t h e o , n e r w a v .
v?. cTOGOMY: It n-’«t«T. We-would like for it. to he
e : .a .
;ld , too. It is a kind of aTHE OOir^qt; Well T
n a F . r \ n g k I n d o * thine?:.
MR- GREGnT,y: y^ r H( nor, Mr. Cocalls has asked me
If we are going to have a: y problem with respect to the
confidentiality of the records. I do know that in order
to ret the Florida birth certificate itself, which I
would cortain som<r information, that has to be
done by Court Order.
THE COURT: If you need Court Order — though I
ion’t know why you need a birth certificate — she says
she signed it.
MR. GREGORY: Well, she signed It, yes. We don’t
*now what other information m: ght be contained on it.
her l e c t o r ’ s name wen I d be contained on it. The doctor
of whoev^ mother was. Tt may be the same doctor
■ iiiGoo name is in the high school records.
•ISC COLBERT: Dr. Marion D. O ’Kelley. He Is
deceased, sir.
'R. GREGORY: Well, he would probably hive records
“ i m ' e l f o r h i s o f f i c e .
He mlv treated me cne day.MISS COI,BERT:
276
M P - *'onaK: Your Honor, I am prepared to conclude
••’,V f 1 r* r f' +■ n o 'n i :i e I don’t vant to have to travel to
V 1 ,-s v» *'; n y-' "* rj p c; j r- n evJ L:nee.
RT T ; o (•o o s i ;y it as marginal, but F w i 1 ]
t ;. • > a to file another deposition. If you are asking
' ■vr.'- sort of '■ rd r , I don't know what kind of
M oi'?r y-->u want; , . -it T will sign whatever you need.
GREGORY: Your E"»por, we could prepare an Order
wn i :h .1 an convl need would permit us to hav< access to
the hirth records.
THE COURT: Who was the doctor in it ter dance?
MTSS COLBERT; I don't remember. ‘.he was going to
a mynecolom1st and to a regu .ar MD. I .on't remember,
but it sh >uld be on the birt i certificate.
THE JOURT: Where at?
MISS COLBERT; Tresburg.
THE COURT: As I sav, it may clear it adverse to
" •1: •’ on ten4- ; on .
"■'R. GREGORY; That is correct , sir. . I; may well do
it. We have no further questions at this time.
THE COURT: Y h i may cone down.
(Whereupon, the witness was
excused from the stand.)
THE 0O"aT : T! ere w«re objections to these exhibits'
Yes, sir.
C ‘d
v 5 _ GREGOR
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
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20
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2 3
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| ?77
THE C 'UprJ: On ahat l round?
•m, CRRcn RY: Y-ur Hr nor, vie don't, think that these
r xh ! Us shoul be permi tt ed in evidence until we have
had an opoortunl ty to go further into the exhibits. The
question of wh ether they hive been Identified simply by
Miss Colbert .
'"HE COURT: Well, doesn't that go to the credibility
of • exhd its- Instead of the admissibility?
MR . OReqeiyv; j think it goes to the credibility.
THE COURT: Well, I rill admit then.
(WhereuDor, Plaintiff's Exhibits
PC, 23, 2*1 and 25 were admitted
into evi denee . )
THE COURT: You knew, this raises an interest ng
legal question. If they ask you to prove /ou had a law
degree, how do you prove that?
MR. fPECORY: If they asked me to prove that I had
a law degr>e? My entry would, I assume, be on the re
cords of t :e high schcol that I graduated at a particular
time, and all of my grades supporting that would be in
the records of the lav school, Ir addition to my diploma.
MR. MOOR’*': We hr d none famois cases about that.
'"’HE COURT: I hac thi ? peculiar problem before. So
1 r,t ’ s take nost graduation training these days.
~’v'° man ■'"«t~ a certificate that h? attended a two-week
V'urs*? at the Dale Carnegie Institute. And
c t'r' u: In a libel case, and he had all of these
certificates that he had eretten foe this and that. And
it is a rret tv difficult thing technically to prove these
things. Br , I permitted them in evidence on the basis
of his testimony that he went and when he got through
+ h1s ie what they gave him. It is a right interesting
°v1den11 ary question.
MP. MOORE: Your Honor, at this point the Plaintiff
will move admission of all of her exhibits except Nos.
3, 4 , Exhibit 13, 3 beln^ --
THE oonpT: I have already admitted 3 and 4.
MR. MOORE: And except 13, which is a letter of
January 19, 1967 from Miss Hearne to the United States
Equal Employment Commission.
THE CLERK: All right, sir. Then, now being ad
mitted, sir. would be Ns. 5 , 9, 10, 11, 14 and 1 5 . 13
Is not .
THE 10■ RT :
MR. MOORE:
rests.
THE CLERK
THE COURT:
Exhibits 13 and
That i; everything except 3, 4 and 13.
With tint, Your Honor, the Plaintiff
Did he withdraw 3 and 4?
Yes, sir. They became Defendant’s
14, something like that.
MR. GREGORY: Your Honor, we would 1:ke to make
1
7
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11
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ir
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24
____________ _______________ _______________________ 279_
p- " Defendant’s exhibit since it has been
1 1 :enti fled That is the letter to the --
■bf : The let* or an 1 the supplemental report?
9:...DORY: n-he x-:iter and the supplemental
.r’pux-t, ■ u- I notice d t-ri-• one tnat was tendered did not
have the exhibits attached to it that were referred to
'n and so, !f counsel has no objection I would like
to offer t h e complete letter.
MR. MOORE: P-13 is a letter dated January 19, and
this is January 1?.
THE COURT: January 12 :.s 13, sir.
Mf. MOORE: Your- Honor, we would have nc objection
to making that a joint exhibit except for the letter of
January 19.
THE COURT- Well, it.doesn't really make any dif-
f eronce.
MR. GKE90RY: We will tender the whole tiing.
THR r’T TRK: This will he Defendant's Exhibit No. IS.
THE COURT: Ad n i t ted.
(Whereupon, Defendant's Exhibit
to. 18 was admitted into evidence.)
THE CHJFT: Did yc i have early in the trLal the
alleged s Test?
MR. MOORE: No, 3Jo. What we had, Your Honor, were
! ’•-"'•• We had the -r c t tnat she took In high school
2 8 o
1 j V-. • r v,uary f i ' .
2
T.V.: h rj" : V! V p v’ '■* si a she get tnat
3 " f<i ; S h : PCDt that frc~, the principal down at
£ ■ !r,v~ school !r -lor * d " y v, 0 wrote the orincical for
c t h n t‘ test: a». i ae mai1ed 1t back.
(»
’ THE cnnwT: Is his 1 11 e r in evidence?
7
*'r . nr:.c o p y : 'Cot the let le r that cane with the
b • .
T t e l e ve s h * t estifled there was one, but it has
9 no t rear tendere i in ev i f\ ° rn ■
JO TH" COURT: Do you •have it?
n MR . MODT-;T ■ T don’t know. I can look and see, Your
12 Hon- r»
n Tf!K CO' PT: Th ? re ason that I asked is, they con-
14
15
3 (
18
i v
tern) that s' a didn't take any s u c h test, and 5 f you
have a letter from the principal that say:; he Is enclosing
the test *-V-:en from the file, this would have some
hearing op the subject.
MR. MOORE: The reason why I don't r* -member, Your
I don’t know whether he sent the test directly to
■ - he sent the t est to Miss Colbert, a: d I -/anted to
D my f 1 : es amain to s e e if I have the letter. But,
r «v ?>oce 1 v1 n;: the Special Delivery and [ just
icn ‘ t know what b e c a m e o f t a e n v e l o p e at t h i s p o i n t .
ft oounf: Are you mo; o«r t~n der>os«° 4 he principal?
n<Tt~' C v-' /"J C V • r * 1 V}, p, ■> ' T v ̂p p, "} p
? o ; /
i.
281
14
1 s
19
20
2 1
vour H''nor, It might not have any oroba-
talc 11m* . T'r. Cocalis called the Super-
1
p> •f' A • o * '. ] ; >/ ana oat was the report?
j . a : is . a , X J M e County Board of Public
5 T p *. vv, * c' : o p j p; ■] asked ' f ev could determine whether
»\ was - ■ -r: ;ate cf t. Vie ■Vers of 1066. They replied
l. I P : U ] 1 n o r m a 1 1 v , • i t hey could not tel l n * .
H frj - • n o ’— 1 1 •• • ■uld have M o had she graduated
•• th-;‘ ••■' ho 1)1 , but t hey d i d not 'odav. There-
1
. 4 - c i i d not te . she had graduated
n i! although normal! v t iey com I d If she had. The man I
1 , j ta.l ■■ nd to - -
1 3 | M R . M O O P R • They c i i d n ' t have the record. The re-
cord Is up hone In evidence.
THE COURT: I am sure there would be other record:
I ( Vj i p i 1 ir .dual fol ders .
17 mf:. CO CAMS: This was not
18 ! now. TV: 7 •as In the Cp *m 1” P
mh“ h i g h school record c i m e to me from the principal o f
the high school.
TH^ COl'R'” ; Well, bit there ought to be also high
school records by classes rather than by individuals.
This is nv ro'nt..
r ■ > r m . . - ' i t l v
"APIS: 'Ms,
a? e to tell
a n j t h e man said Vie would
if she had graduated, but
SC fa
a p o
iC 1 i ■ > nr p i <̂ p nnw
’.*>v nr-'’ • g o r y ■ Y o u r . w e h a v e o n e v i t n e s s .
T'O p m : Oh . I ..-our pardon. Ha- -e you rested?
M ° '! ̂ d t ’ ° ̂.
m p . ppyr;---r>y . a: ' ’ 1 you take the stand, Mr. Falek?
..Or
•;ji:* hi ,:.nK Yon do . .>emnly swear the evidence you
c-hi1 1 v • » ‘ ne if sue .lot ne l before this Court shall
du he trut 1 he whole t r uU and nothing but the truth,
so he.Ip you Go< ?
m r . FAhCK. I do.
THE CLERK Thank you. Be seated, please, sir.
,LLEN MORTON FALCK,
called as a witness, after having first been duly sworn,
t o s 1 1 f i n d as f o i l o w s :
o i r f c t e x a m i n a t i o n
rsy m r . G R E G O R Y :
r\ Whai 1s your full j-j ff, »T| 0 ̂
n, A1 len ■'"ortors Falc < •
o \'.j V‘i 0 A' do you live . wr . Falek?
A 1136 H-n'ord Hiyhw iy •
r At 1ani r> rJ
That 1 DeKalb Gc ant y .
I
?8 3
i O1 '!h 1 ? the Prru td«nt?
4 f,1 V . • . ' nnlnsk.v .
5 1 3 | 1 > 3.; i 0 rrjp Wh6T6 '■} P 1-0
(■ ! He 1 ~ ! ra dew y>»j^ Citvr
7 i1
i{
■'a'".:, how long have y u been employed bv FI—K
ii
i A • 8i n J a n u a r y of 1965.
10 Q Ar,.'i f r< whun capacity did won c o p « to !r-K Corn.?
X J A1 Ar an Adri.n1 strati ve Vice-President. It Is really
t 2 an '> .11 en compassing title.
13 Did you, at the time you came to H-K C >rp. take an
i 4 ot1~ Test or a P. r<’. ]6 Teat?
1 5 A T did not.
0 Can von tell me why v -u did not?
< *M Tf,o cor.nar.y was not rivlir th-se tests to any em-
.18 ii ). o.yeec 'i; that t 'me
1 w i ? ■We; I , wo we you in on the management decision to
20 r prr]onCP giving tests?
3 1 | A Von .
22
j
r. Can you tell me when that was?
7 I
!
A ':cal-y (now, ’t was in the Spring of 1965.
~ | can you tel', me anvthing about the background
! ■.h c r) i } r od that ie 'isio i?
I D / z.
?8A
i ; ! 1.' ;ts w«r": pjlvon by Hr. Shenherd to a
2 i p " i - ■ <r m •' ■ h ! :■ me* were having a rales meeting In Atlanta
T. a t ’h - t; !: e nr■: h a<:• ev a 1 ua 11 on
4 nr. • Mi-; :cl; bout obese v-ario
5 Vip r'r very intopp^ t f> ] i p rinfr
6 ■7 p -v >, ̂x r ̂ r 11 n f - our office
~ f* -r» r. r - '. a • ecu Id ev -r
A ■ * i W' ecu Id, thor
9 ore n
10 Q V as i.he company gr >w
1 1 t, Von Mr, It was.
12
o H O ran '9, )y was 11 r
1 3 A T d-n 't know how t >
14 T y>.n emou nt of dollar volume Df
IS wa r, th rep time s that which had
16 5 o 1 rr» r} r)o conDeny, b. n o t h q p
17 V 9 n ra 1 n d i at ed a trio lino;, min
18 0 bo y”u know what the
19 8 h « r>m O r,! w ' r i-) ■ep- _ Kami ns <v
20 Y e s . • . Ham In sky ‘ s
-<
V . . •r •; [* V : use .1 ■' was a .o 'Ck h
22
T ; 7 '•aid , o r (' V* i •'/ . ' t h
2 3 erou r A s s oelate.- to d ? sent
24 - tu:i} p r> ■'id nu r. fô if ororf̂ ems
<
2 5 *■. r) * • t ri / use 1 I ■ r. S h e d h a r d ' s
course of
30f«
t ' ** *>. 2** t-
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4
■> rr. r !" I rmk' : new f
v. r. • -rv! res 0 it■: n a 1 i v
’ i r v } ■• 4- ’r ; r f 4. p[<5 j p ri 'ca ed ,
O j ! : ;
Mow
1 ■ ~ ■ > *- i . i e i ’
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hnow who". r about when the tests were
'new i j" know It was 1j the Fall
8
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10
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13
14
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m vou knov: the reas • ■ for the dlscont i munce of
t h e t e s t ? ?
Primer'Tv the expense. There were secern] other
reasons. We lost the opnortunltv to employ som■> necple that
we war. tad wht le waiting two or three days for the test result
.ind a „ the 11 me t ne growth oi* the business was r.uch that we
!,,°"p aotual.lv der aerate for heir to handle the volumes of
rarer and work that neede 1 to he done and wanted to stream
line th ' procurement of persons as much as we cculd.
2 i !
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N o • > •
a ; t v 1 s w h c l e
Y e S , I -
•;;> . i { p i a*- /*> u p , 1
t * n p n» £ f t * O t ' ; ■
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A Y e S , I h
0 v « r » #*i £ p p
■ b-eard est 1 movy about, the company's policy
c tests and t c whom they should be adminis-
;y t
a
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a a. ue: siunoa po o q q i i u s u e s c. v * 0 aq:; upy [ GX O : \ O A J L’ 3 0 ! I'
: A a 01) 2 « i ’ h A A M i.
•auo aoj ‘ uo3.aa1no.ifj Aaiams ‘ AUoiiiX3 sa 4 aq » u, -
Xno 3 piir jjq sum o uiH u 0 s 0 q m 0 ■ j (j ‘ ̂ ' A : SL'HN j,IM HHJ,
1
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pnoqq. i.m pa.i m x 3**’*44 axaoaa » sq^o x®*1 ̂Aas bi. b« aauq3 ‘sauiuu jo
4®TT 0“* + *̂ 4 p[noo x J1 ‘ 42^4 u qx !>• pq uum ap zu^ya^
lapuuxapv * Mou>j x 4*;,-<3 paapq x 4*s*44 oxcioau aaqqo x6 aa a uu
daaM 9JiJt4»L ‘ pe^se^ iupq a a tip 40U of p put, aoauuem wsrioquauM j
.ju a(j bX ux a3ux usuiMOy q3̂ >uuo ; a,̂ pvu j >< x *uâ \j
it o j. / \z is j
no/ oaoM suopcdaaxo 5tua « ui p l'V4 ru. A muo ; ..\ ;;•
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o 3 u«>y t 4>oGy — OL) v*a j. 4 0a 4 i» [u (ut̂j „ 4 y 1 c s no A ' f. s>a
•O[dooa o 3. ojoa;. sue tiOruusu j. g o h • .n v)S/.« Aq ;.; fJiu; JO j
o p fc? u< s’uopqcioo’ o OtX&K oooqĵ * os no .|9u lk o «..̂ t i. . . .• , , t
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...auM yaqj dX«iodu asoq-4 J ^ ■ ;.. i *ox > aqq 4 _ ...• i •■
2u pa.ap p suoo sum aqs 4 *>44 sapupppuuo xi‘u _,aa; c-. suop a ana .:„••■. ] I
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uoA fxj sum auauaji s fc p*. • A'O j I Oa U s.jq-p MV .v-\; •• c i r ’ ,u !
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? order l«n ir6:e it. supervisor at that time
Ca me nr . ' tr, i * e a t •--a , we w e r e .-••r-
T , a c t a - ! 1
v' ̂ ~ \j ”' r» c t- »
' -• - -\v overwhelming amount
. .. . visiting a neighn -■ r of
of eur nmt)lr.--eeF . anw our nlo.vee brought this girl into
hr of ̂i n<* ►•n-atr® ; n--> o - ’d H a ' ov . She filled out an apnli-
•h'-tion and, evident I ■/ — : -.11 d not see this girl until after
rvl ?wod ry Hearne and then by T r . Camercjn,
• h‘■•ought the are! 1 cation t ■ mr and Shirley Brotherl on was a
'•'-■unr 'ahv ' think in her o? -»lv thirties. I don’t remember
•-r specific educational hoc m .;nd, but if I am not mistaken,
there was 3ome c !. 1 \ge . :-hc c .1 a i med to have been employ* d by
Pi. H. Kress in \! ■-*>.• York as a a assistant buyer for th > nrf -
vi our two or three years, ar 1 prior to that she had been
enoloved by a department stc.ro or specialty shop chain as a
uni+ records cler- end was promoted to assistant buyer. She
as ked for a 1 ! tt in bit mc»T tior.cy than they were pay’ rg
no. but T 1 ntenvieWca her myself. She was a very bright
ana alert: person, and m\ order department manamer was very
* ~ V-, 4 v , f ? ( f* P Ki. -Id work into a splendid
act fo~ h' "> in handling a iot of detai 1 and even helrinp
h 1 ’ ’ t h telephone calls and , forth .
Di : you check back on lier employment recorc ?
At thas time, io. As a matter of fact, she also
i a-.eh tha‘ she »>ad bef i offered another .lob that d? v ami
3 n ,
,s
? . 8 d .
1 V > r ! r*; ' * * • ' O • | 1 O V and -if we did not- -- we w.antecj
-- ' . ' >• i 2 i i;..j jheu.v. her records at that
l . . T « * : ’ • ■ fhe:a ’ f tdrn her, which he did.
’
t ’ll :nf wh~” :.rn 1s rti il employed by
6 A , her employment 1acted, I think, ’ess than or
n
i nrprr»X 1. ft fc f* 17 tw see ■ ■ .
8 f'l ’ • ■ ;■5t _ nan vou t e -i • ie what harpene ?
( j i\ p, >o m.ryr i i r w 1 t h t ho •' :p lovee that had he in working
10 *> ■ us ano ■.e used h-*r charge •1 te to buy some clothes.
1 ) Tnf're was al SO so re monej ml as log from her apartment. Several
1 2
f r *”i r> 1 n our o f f ce found some things missing and at one
13 r o in;, wo res r>! ye : a telephone call or a visit, I think it was,
14 f r r,o h o go ”t Ci " 2 nvest1gatIv r- credit agency looking for her.
15 CJ ̂ e Hsanpea red 1.n the nlddle of cne day along with several
16 O L her thing:; We wantea to ftrid f ut about her out of curio-
7 3 ’1 'ini no one uld fin 2 her oa-sonnel jacket. Normally
i 8 < is a lo e vi ‘Vile, however , I i the course of a day -- her
19 d °3!' ^nciderf~''l!v, was within f nq f AO+- of Misg H<?3 .r*nf? f s
n ally these p- rv.oanel records would have been
2 0
O f
2 1 - ;•sked- durine th •ocurse of a uav, and It wouldr't be unusual
7 7
jU —
r this fil t" P he unloosed and anyone who wanted to steal
2 3
go t h i n f u] r u id re than like 1 v find the opportunity.
24
i
THF CO" r’T : Was she a pretty good looker?
7 TH r. V/T uSSS: No, I can't even give that is an
289
1
2
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4
6
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8
9
10
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12 i
..
u
15
16
1 7
18
19
20
2 1
7 7
23 1I
2 4
/ , - .-a
i m r t m e n t h r: ■
J n N e w Y o r k in
uearu u. ner
f ! T? . r»v e ” he.’
MF.'IS: V p v p »
■f her?
f her.
r>o you l-now Dr. .Shepherd?
T net r» . S h e p h e r d o r ore specific occasion that I
"e •'* a 1 ' I n our off! ̂ e. I ion 11 remember spending a threat deal
of time s avl n-T ar vnore than hei le or how are yoi
a You didn't have contact, with him while he was in
your office?
No .
M P . GREGORY: I have no further questions.
W S . SINGER: We have no further questions.
THE COURT: All right. You may go down, Mr. Falck.
(Whereupon, the witness was ex
cuse ! from tho stand.)
MR. GREGOR': Your Honor, the denoiition of Dr.
Robert Shepherd and of Dr. Barrett have already beer ad-
r-11 tied i n evidence and w*=* i | not r***ad the page numbers
that we would like Your Honor to look at because we have
m a d e a mem >rand uri of the pare numbers setting out basi
cally the joint followe i b y the page n inters which we
wll 1 submit to .he Cour1 .
THE corin'": All right. sir.'
D/'-o^ / J o .
290
1 Mr.' •• \r tav • a e will ubr i t two- c odes so one can
-y dope; j . .
3 THE - All right, sir.
-T MR. ; a GO'->Y : lour Honor, Mr. Cecal is has been
*> keeping a ;' st of exhibits, so I will let him tender the
6 f* Y n l * 1 t; f
*-* M p . ̂ ° a { j '0 . I have 10, 11, 12 admitted.
8 THE "ITiFK: That is my record, sir.
9 ME. -DC AJ. r 2 : 1'-1 is the Otis Self-Ac ministering
10 Test of Mental At illty. Do you have any cbjection to
11 that?
12 MR. MOORE: That is the blank? No otjection.
13 MR. COCALIS: D-2 is the IPAT 16 P. ] . Test.
14 MR. MOORE: No objection.
!S
MR. COCALIS: Exhibit 3 is the envelc pe addres ;ed
16 j
to me containing the accumulative folder of Margie
' ( Colbert and 'dent i fled by Margie Colbert.
Id MR. MOORE Your lonor, I only have a limited ob-
19 j ect ion. to that , and ti ? witness has test: fled and
20 ' identified that folder n the envelope as being her
1
2 l i records. I do have an objection running nto the ques-
2 3
24
2 5 i
t1on of its handlinr and custody.
THE COURT: Again this goes to its <redibility.
Ail you are saying is ‘hat its custody is unaccounted
for in that anyone could have made any marks on it.
nil7 tC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
2 1
22
23
24
25
291
T h * ' - ls a11 vou are tell inf: me, which Is just a matter
of credibility.
MP. MOORE: And, You- Honor, another thing that
bothers me, and I haven't had a chance to check it out
vlth anyone in Florida who may he knowledgeable about
it, why the principal would send the original records.
'ought the school records were reasonably confiden
tial .
THE COURT: T don't know. There are a lot of things
about this case I don't understand.
•TR. MOORE: I want to check it out wi ,h someone in
Florida.
HR. C1CALIS: I will be happy to state how I got
them if an /one is interested.
■̂ R. M30RE: I'd like to know how you got them.
MR. COCALIS: I went down and interviewed Mr.
i.hi tet urst at his home in Orm? nd Beach, Florida which is
quite some distance away from the high school. He sard
he had her folder and I asked him specific cuestions.
He said he would have to refer to the folder which war
in the schcol. I asked him to send me a copy of the
folder. H<- said he would on the following Monday which
v. as the Mo-day ifter Thanksgiving, and T aesday night 1
received t)at i i the mail, which contained the original.
I have had it i i my nossession ever since and I have not
5S4
3 / S a
{
7
!
j* • y oi.
■>
1
'5 ’ ' 1 - * *' * 3 05 * *
r 'v_
S : ■> ,
r ■’' h4 n in i X
(t i 'j r * . * 1
-> i/ i hp j: •* £ i * * M o 1 ur it- . ’• t c
c< • n ■ r̂ h ̂ n v )U t he or ’ s-1 r
\o y i.
V ) V '! L : Y sir •
i 3 cor Y'T* ; T r. * ret 1 ’« 1?
vouch4 nr that hr w -i
:--ur request.
e . - ’ ; t a t 5 n tr t * i t t
- * 4- *- _ - -r-:iite -Jin) w h s
> > you asked him ror a
e l ? I s t h i s w a y h e l i v e s i n
rrr *> n d .eao>
iz P . cor a ; j r 0 : Apnar mt y he is commuting which is
n qui »• .i r • i4 ’i > .' p
14 THE co;’31 : Conmut1 ig?
15 MR. CO<'‘/',T 0 : The f ihnn i has been changed, but he
l ( 1" still com"’ tine and : : really is a twe or three* hour
17 ! r ’ v,
1 8 •"TR. '-10: Is sti : the principal?
W
i
■’r . c o c a :,IS: Mo, becau :e Ihe school is not there
'Vt | m. ('• w . ■ * * p n c*: •' 1 ’ t h ° ” ’u rc v Hoard of Education.
-1 I - • f ” his ’apar:- 1 '. Is that a dm i tied ,
\ 1 ♦ Vys> ,v,
i* ! ■ i r?fh; CQUi-1 Yes .
4 1 ■r . coc': 0: Mo. is the enlargement of the "Date
> j iradu-ited, an' that was idor t1f.1ed by ^i-s Colbert.
5
I VrT? I ORE: No ob,i ectlor .
:a: : -: My
-1 <_.— at hr .
4 THE C(• TRC : p. rr i: a row
r5 '■ 'v . r CAiIS: , 6 , i n d
,<■> ■'r'F.: To ob.’ ec 11 on .
7 '■ R . a 'CAMS : Is a corv
1>
a
all enlargements.
! ) e l o r (' •Hart to -.he c' 1 dan-e Counss'or, dated 1-22-67
he d a t a i h a v e here. T h e letter i n the f o l d e r . l
lc MP M ' . To objection to that.
I i VR. CO CAT, IS 10,.11 and 12 have been admitted.
12 1 7 I have Is M e same as Plaintiff's 11. Let me find
13 wh a t Plaint ! f f ' 11 .1 5! .
14 THE CLERK: Cony of letter dated Janu try 12, 1967
15 f* r> •*> no m i«:f. Pnarne to the FFCC.
16 MR . CLCALIS Is .here any objection o that. Miss
>7 Ha a r*no ’ 3 L e r. i e r ?
A K f . 'A : To .
M r . Ct'P.Al IS It 1s the personality evaluation of
20 .A• . Whj C e .
a MB, t[ "0£- ; No objection to that.
2 2 MR. COCALIS IF Is M e personality evaluation of
7 i Haro Id Fa c M
M O *h |) 1 • t * n r)
lr is roe rersonal.lt/ eviluatlon of
-6 //<£
1 Martha Lewis.
7 ‘'"'ME: Ho ob,i eo v.
WT.'S: 7 1.7
» *Tk r>
UP. MOORE: No )t: 1 pf>t
6 UR. COD A M S : 1 >. 18
7 f <i •• C :jK : let er an
b war the on" t ha* was j ust.
?9^
<> j
10 '
“ i
i
12 i
I
13
14 |
15
1‘ i {
!
? .( !
I> 1 !
L.ion of Viola
< , 'i R A 7 7 O l j* ✓ >
MR. COCA! IJ. : That was fc p letter --
THU COr'RT: The suoplementary letter, which, I
i. r e a M y an attac inert now to another exhibit.
OR. GREGORY: That .s correct, sir.
'PHK CLERK: Are all of those admitted, sir?
i Hh CO! IHT : Adm L11 ed .
(Where ipon, Defendant's Exhibits
a >
Is, 15, 16, 17 and .8 were
admitted into evidence.)
'■’R. GREGORY: Your Honor, we rest, subject to
tat''re depositions, that is.
TfIK COURT: I will let you suppleme it it if it gets
vhr,T’° 1n t1m!- r our schedule which we are going to
.. a. mi nut e .
vo i can fir 1 *■ »■ ■ ■ ■ t r*»■ • n -r*■ \jr.■->.. * -,h
■’ ' ch v ou i n t i
-> / Xt ■' / o ia
r £ r<
* i h ■■
i
2
3
4
5
6
t
6
9
10
I 1
12
I 3
(4
15
16
17
18
1 o
.V
I
"r >
2 J
J t
' \
295
■ o u ; f-'V, • V. r> Court.
MR. MOORE : Certainly, sir.
T_ ; ’ ’ IQ : -Ul -1 it. ye* ’ s t a
{"> T» j ̂ firm sched ale. I might say I can
*̂0 *4 C?on ar 1 e re >;est because there are
have t < > w r t e up that: are ahead of th:
Tinted myself into a corner this Pall and
I am several behind. Now, at some point I believe, Mr.
Ore fro r y , you ■-•aid someth ng about the record, that you
wonld like ‘h- roco'd be ’ore you submitted the brief.
Mr';- CREGORY; ' l e would like to base the brief on
thr recorv1- n lease the Court, we have ordered a
copy of’ the record.
(Wlereupon, there was a brief
li. cussion between tie Court and
the reporter.)
It looks like wre will f;et the record
apmoximatel v January 10.
* M : Your Honor, you mentioned Letters. The
1 et te ♦:> a v recollection that T recei red from Mr.
•JM tehurst ’ ■ thr- 1. tt-er that has been identified a
Plaintiff'f exhibit No. 1.., which is dated lay 14, .064,
"rh1 ch he Indicated there was an IQ of 12* an 1 that is
amarent 1 y his signature.
'A : 1‘' : Whi ch is on the record, but I want to
T / <7 ,,
i* a *
3 i v? *
296
1 .‘.'her0 * he 1 q 5 + o, C 0 T! f1 f*Y* O fn
? mr * r\ p; T don’t remember —
. . . 7rlL, 7- --
4 r/rr? t MOORF! — whether I tot the tests from him or
5 ^o 1 r*4
6 THE COURT ''ell, I thin'-' It strange also that he
*7
1 ac• ’ * he roeor Is to Mr. Cocalis, the original, but I
8 t. h i n k 1. f, e ci u. a l1 7 strange that he would pull a test out
9 f'T>0 rr Y\ q t. v f rf >•> 2 and mail it: ud here to anybody that
10 v;ant.s i t.
11 . nv]0 r‘ rn2 : I think he is a minister also. I don'
12 know whether hhat accounts for it or not.
I 3 MR. GREGORY: 1 believe he Is preachi rg now, isn't
14 he?
j > t h k r o;y;•!rp: Well, that could exDlain some of it.
. '• — '•' rig yo U get h e d on the 10th, hew long
17 in voii want ~ fi er that?
18 M'V T 77 February 1st.
9 n-'j.. V ■«,'!; O'P All right. Well. I will give you ten
’.0
; . • * c* *• ~ p _ Normally the Plaintiff moves first.
i
.
•''-•h ruarv l r " pm 7| 10, Mr. Cie-k..
2 2 rp;7? or "nr : All right, sir.
•» -7 ; MPT : I tm t.; try to do some catching
•• n ■■ ►•if ' ” 1 r Januarv. That wasn't the reason I
•ar■ r ei - •'*<. >ur other cas*.-. It was because of that mes:
~> W r~.
2 9 7
nt' 1 caree l i e d . Tut , ■I am going to try to
'17nrr n I f d .■ •:■-r»y . TTr>nef*>i l v when T fret
ex* before you heir
'll T have already stated the things that
.. • t . The Individual claims as to what
1' . n^r; : to at dav . r hav.> two completely different
versions. ' -m talking about the typing and dictation
‘ car.' and the adrii nistaring and results of these two
nt1s and P. p. Tests and these are the kind of things
tha* are ore-tty troublesome for the Court. And again,
r ‘h i n k your class claims. Wouldn't it he a fair state
ment to say that it rests entirely on testing? There
t ' r- ': a 11 unde evlde -.ee of a class discrimination
o t
on
her than tv testing
r.m. MOOPP: Your
that, bit. we w h l
or what they did with the tests?
Honor, we won't commit ourselves
address ourselves in our brief on
gortps’; The noi^t- "I1', anoarently except for
sue ■’ testing, they had previously and do now,
loy cluck mrkers and this type of thing. I don't see
'deal claims that this shows a great con-
’wn by vha.7 obey nave -done. The class
1 r' ̂• Is going to resolve around the ques-
of testing. Of course, the individual claim in some
i I?
? 98
1 ;• ect f c\ r< v v: .*Ot Of " pt because It Is how the
2 °:'Vo W-T•R <M - ‘(i •*) £ o r* “' ■ h i t is the basis of the 1 n-
•>:> .? ' ‘duo : • a c» 1 . So, t.1nd of tourh.
We 1 , let' r SOf? . Is there anythintr else we
s nr-8 tr ■5 - e u r n h o t t 81 " easeV I would sav that
f • * 'Vy i p ■ u ... f - Q bo a •••■•asonahle time to supplement. #■
*1
( ; ‘r ̂r* c o •
8 * ;Q . 1»)V • i L r i m T o \ v-»■v Oil.#
4 :r ■ tH. •0(8- : : n e’t heT' respect.
H) All -1 pr > , * lor , u n 11 1 further order.
1 1 (Whe reuoon, the Court was
n
ad jo urned at 4:00 p. m.)
13 c 1c
14
1 5
18
14 i
‘.0
2 (
1 ; fj
: i
i
299
i i
K ; ’ t T F I ' A_T E
9
i! :M • 1 STATES 'F sr-’i CA
10 | r-r~P
!
" r,I f TBI O'1' Or 1 EOF'' A
i i i1 I , pev^"!v pr i ; T » Off! dal Court Reporter of the
12 ,7ni to !
1
O "ter District Con rt for the Northern District of
I 1 teorria - .1 o horot''/ c o ”11 f y that the foregoing ?98 pages
i 4 c< >nta 1 n a true transcr lot of t ie Proceedings had before
- r , ,,».t h^Ld in th- 0 • t.v ~f Atlanta, Ceorgia, on
1 f> ’,;)o ibO’,0 dat In t!,e r.at i ei* therein stated.
; ; r n * cp.r *;norv wh "e-,f 1 hereunto set my hand on
»a ' b J s bh' ■ la- of '•’1U •ry, 1079
i v
S\ 1
. v -<■ y < £ + { 1 T
Pever1y Britt//Officlal
■our* Reported, Northern
01ntr1ct of Georgia.
-VO..
IN THE UNITED STATES DCSTRIC
FOR THE NORTHERN DISTRICT OF
ATLANTA DIVISION
MISS MARGIE DELORES COLBERT,
Plaintiff,
-vs-
H-K CORPORATION, INC.,
Defendant.
X
X
X
X
X
CIVIL ACTION NO. 11599
PLAINTIFF'S MOTION TO PROHIBIT
FURTHER PROOF AND TO CLOSE THE
____ PROCEEDINGS HEREIN_________
The plaintiff, pursuant to Rule 60(b), of the Federal Rules
of Civil Procedure, moves this Honorable Court for an order
prohibiting the defendant from taking depositions for further
evidence and closing the proceedings herein. As grounds for this
motion, plaintiff states the following:
1. On December 11, 1969 prior to the close of the trial on
the merits of the above-referenced case, defendant moved this
Court for an order permitting him to impeach the veracity of
ilaintiff's testimony by taking the depositions of other un-
dentified witnesses, which order was granted by this Court.
2. The law is clear that a witness may be impeached by
>roof of misconduct not subject to conviction, but the law is
ilso clear that a final curb on character-impeachment is the
.mportant and accepted rule that such proof is limited to cross-
examination.
2 HO
3. Thus, if a witness denies the alleged misconduct, the
examiner must take his answer and he may not call other
witnesses to prove the discrediting acts.
4. It is error to allow the defendant in the instant case
to call other witnesses (by way of deposition, or any other way)
in an attempt to prove the discrediting acts.
For all of the reasons stated herein, as will more
particularly appear in the memorandum in support of this
motion, plaintiff's motion for an order prohibiting further
proof and closing the proceeding herein should be granted.
Respectfully submitted
HOWARD MOORE, JR.
PETER E. RINDSKOPF
Suite 1154 Citizens Trust
Company Building
Atlanta, Georgia 30303
JACK GREENBERG
VILMA MARTINEZ SINGER
10 Columbus Circle
New York, New York 10019
ATTORNEYS FOR PLAINTIFF
-2-
S25a. 2HI
\
CERTIFICATE OF SERVICE
I# HOWARD MOORE, JR., of counsel for plaintiff in the above
and foregoing case, do hereby certify that I have served copies
of the within motion, order, and memorandum upon the defendant
by depositing copies of same in the United States mail, addres
sed to C. E. Gregory, Jr., Esq., Arnall, Golden and Gregory,
Fulton Federal Building, Atlanta, Georgia 30303, counsel of
record for the defendant.
This 18ch day of December, 1969.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT ON GEORGIA
ATLANTA DIVISION
MISS MARGIE DELORES COLBERT,
Plaintiff
)
)))
)
)))
CIVIL ACTION
vs .
NUMBER 11599
H-K CORPORATION, INC.,
Defendant
The above styled case ha\ing come on for hearing and
the court having enlarged the time for presentation of additional
evidence relating to the claimed absence of the plaintiff from
school at a time when she allegedly took an I.Q. test, and the
plaintiff having moved to stay any further proceedings,
as to the scholastic and medical history of Margie Delores Colbert.
To that end,
for either of the above-named partxes be permitted to inspect,
copy and obtain certified true copies of the records of J.R.E. Lee
High School and any other Florida school records relating to
Margie Delores Colbert and her class at J.R.E. Lee High School;
and the medical records cf the said Margie Delores Colbert during
the school year 1965-1966 together with the medical records rela
ting to the birth of a child during April, 1966, claimed as a
dependent by the plaintiff.
Depositions or other evidence and discovery may likewise
be presented to the court concerning these two matters.
After consideration, the motion to stay is granted except
IT IS HEREBY OFDERED, ADJUDGED AND DECREED that attorneys
IT IS SO ORDERED.
This the 24th day of December, 1969.
Sidne
United States District Judge
26r'
I
I
L/
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION „Yi
MISS MARGIE DELORES COLBERT )
)
)
)
CIVIL ACTION
vs .
)
) NUMBER 11599
H-K CORPORATION, INC. )
This suit began as a class-action alleging unfair
employment practices by defendant under Title VII of the Civil
Rights Act of 1964 (42 U.S.C.A. §2000e-2). The plaintiff is a
Negro applicant rejected for employment by defendant in September,
1966. Undoubtedly under present holdings, the plaintiff could
have represented all other rejected applicants as well as any
employees who contended that there was racial discrimination in
employment or promotion policies by defendant. Carr v. Conoco
Plastics, Inc■, 423 F. 2d 57 (5th Cir. 1970); Johnson v. Georgia
Highway Express, Inc., 417 F.2d 1122 (5th Cir. 1969); Oatis v.
Crown Zellerbach Corp., 398 F.2d 496 (5th Cir. 1968). However, at
trial no evidence was presented as to any claim save that of the
individual plaintiff and the case was tried as a private claim
under 42 U.S.C.A. §2000e-5.
The plaintiff's claims as to employment discrimination
developed into two areas: (1) Unlawful testing procedures and
(2) denial of employment purely because of race, on the basis of
which she seeks lost pay, attorneys fees, and injunctive relief
under 42 U.S.C.A. §2000e-5(9). The case was tried non-jury (the
court having rejected defendant's demand for jury trial),'*' and the
record was subsequently supplemented, on which the court makes the
following
*See Johnson v. Georgia Highway Express, Inc., supra.
6 2
FINDINGS OF FACT
Defendant, H-K Corporation, Inc., was formerly a small
sales corporation dealing in men's wear but contracting its produc
tion for direct delivery. In November, 1965, it obtained a
warehouse and started moving goods into the warehouse early in
1966 and soon acquired a work force of approximately 25 employees
in both office and warehouse.
Looking toward such rapid expansion, Dr. Robert Shepherd,
a licensed clinical psychologist in 1965 made an evaluation of
H-K's sales force and was engaged to set up a complete personnel
evaluation program. As a part of his study and based upon the
needs of the company for a versatile office force, he recommended
and the company accepted two professionally developed tests for
office employment: the Otis Self-Administering Test of Mental
Ability ("Otis*) (D-l) and the 16 Personality Factor test (16 P.F.) !
(D-2). From some 81 available intelligence tests and 47 available !
personality tests, these two were selected as the most valid and
reliable for general evaluation of office workers.
In late 1965, the compan/ instituted a hiring program
involving an interview with the personnel director, practical
performance, and testing for an office job. Generally, the company
sought to hire applicants who scor’d at least 100 (the population
average) on the Otis test. All employment was subject to exceptions
by the administrative vice-president of the company and in a few
cases when the applicant was not esnsidered serious, the tests were
omitted. No tests at all were utilized for warehouse employment,
but hiring there was done on the basis of interview alone. In the
typical office hiring, the tests were administered by the personnel
fif 3
3Z*I CL
2.
director, Miss Mickie Hearne, who had some 15 years experience in
personnel work at Davison's, the Pair Employment Service and H-K
and who held a law degree. The tests were mailed to Dr. Shepherd
who in turn sent back to H-K his evaluation of the applicant in
terms of suitability for the company's needs. The only information
received by Dr. Shepherd, in addition to the tests, was the
applicant's name,sex, age and in some instances the job applied for.
i He did not see the applicant and was not informed of the applicant's
race and consequently made no distinction by race in grading and
evaluating the tests.
Because of its rapidly expanding situation, the company
was in great need of clerical and office help in the late summer
and early fall of 1966. It ran a series of advertisements for the
j position of "Secretary-correspondence" in the Atlanta papers on or
| about September 13th. (P-1). At the time, other than supervisory j
personnel, H-K had 11 general secretarial employees, all of whom
were white (P-14).
|
The plaintiff, Miss Margie Colbert, responded to the
advertisement and set up an appointment at 9:00 A. M. on September j
14, 1966. In the telephone conversation with Miss Heame, no
|j mention was made by either party about race.
At the time, Miss Colbert was 18 years of age. She was
a native of Sumter County, Florida, and had attended the J.R.E.
Lee School until February, 1966, at which time she was forced to
withdraw because of pregnancy during her senior year there. On
April 21st at the Leesburg General Hospital, she gave birth to a
odaughter.
rs----------------------- — ... .................... ....j Apparently these circumstances prevented the plaintiff from
j graduating regularly with her class. A signed diploma was offered
in evidence and the court concludes that it was actually received
3.
330a
In June of 1966, she came to Atlanta and enrolled in a
secretarial course at Massey Junior College, completing the course
with good grades in typing and shorthand shortly before her applies
tion with H-K. On the day of the appointment, plaintiff initially
completed the employment application (P-2) in Miss Hearn's office,
jj applying for position of General Secretary as first choice and
clerk-typist as second choice. Then followed an in-depth inter
view with Miss Hearn which apparently proceded on friendly terms
on both sides, again with no mention of race.
Plaintiff was then given dictation and asked to trans
cribe the letter given. The dictation was from a form letter
(P-3) and subsequently transcribed with some difficulty by plain-
tiff (P-4). Ihe results were poor and Miss Hearn made the j
notation "Could not transcribe 9-14-66 Margie D. Colbert"
thereon and mentally eliminated plaintiff as a possible employee
for the position of private secretary to the head of Customer
Relations then open. The job was non-structured and would have
required that the employee take and transcribe dictation, type on 1
an IBM electric typewriter, answer customer inquiries in writing
and by telephone, handle taped and form letters, and perform a !
| wide-range of general office tasks.
Miss Hearn informed plaintiff that she had not qualified
for the secretarial position, but that a position as clerk-typist
continued -
i| on a delayed basis. The only significance in the trial is to cast
doubt on the creditability of plaintiff's testimony concerning the I S entries shown on her cumulative folder from J.R.E. Lee School
(D-3), particularly regarding that relating to the Otis test under
j date of February 17, 1966, the date of withdrawal. Over and above
the hamlwritirg comparisons which indicate a similarity between
some entires in Items 6, 10, and 12 and that of Miss Colbert,
previous test scores do not forecast an actual score such as that
shown. The court concludes that she had not made a previous score
of 124 on the Otis test.
fir. 5
/ a
4.
was also open and inquired if she wanted to take the other tests
required. Plaintiff assented and Miss Hearn administered the Otis
test, which is timed, and plaintiff took the 16 P.F. test on her
own unsupervised. Miss Hearn scanned the tests and told plaintiff
she saw no reason she should not get the job and would be in touch.
Forthwith, the tests were transmitted to Dr. Shepherd.
His two-page evaluation (D-10) was returned to Miss Hearn. In it,
he virtually eliminated plaintiff for secretarial or stenographic
work, but indicated a minimal possibility for a file clerk or other
lower level of office work. The report concluded, "it is felt that
Miss Colbert is only a mediocre r: sk in both the intellectual and
persona ity qualifications, but ajso that she has some very
definite liabilities in both area; . A summary of her would place
her in the minimally qualified category."
It is uncertain who contacted the other, but on or about
September 17th in a telephone comersation plaintiff was told by !
Miss Hearn that she had failed to pass the company tests and could
not qualify for the job. Plaintiif asked for her scores, but was j
told that the company did not have the scores, but only a letter I
from the psychologist.
Shortly after September 17th and on or about September
^3rd the testing procedure was eliminated by the company as too
costly ($20.00 per applicant plus cost of tests) except for
managerial or professional employees. After an interview hiring
period, H-K began to rely on employment agencies and their testing
of applicants for office positions. Prior to September 23rd, at
least one white applicant, Patricia Taylor, was not tested, but
not hired. In addition, a lesser position (a non-stenographic
5.
I records or file clerk) was filled by a white applicant, Viola
j Ingrain, who applied on September 16th, but who was not tested.
On or about September 26th, following the change in testing
policy, two white employees in the categories applied for by
plaintiff, Janet Jones and Shirley Brotherton, were hired without
testing.
Throughout the period in question, H-K Corporation was
an "equal employment opportunity employer" and had the EEOC
J posters displayed in the offices. Miss Hearn, with her legal
j j background, was familiar with the Title VII law. Commencing on
May 31, 1966, the Company had three on-the-job training contracts
with the Atlanta Urban League, clearing and training employees
from Negro applicants sometimes furnished by the League. In July,
1968, it had a total of 15 Negro employees out of a total of 54
in the warehouse. At trial time, it had 3 white and 3 Negro
supervisors in the warehouse, in charge of mixed crews. It had
two Negro employees in the general office, one in inventory
control and one in order processing. There have been two other
Negro office employees, one who left voluntarily and one who was
phased out with computers. The company also has three Cubans
employed in office work. There have been no Negro employees in
secretarial work, nor have there been any other known negro
applicants for the position besides the plaintiff. There has been
no pay differential between white and Negro employees on the same
job .
If hired, plaintiff would have received $80.80 per week
or $350.00 per month. Her earnings record since mid-September,
1966, is as follows:
Period Employer_________ Job Compensation
9/15/66 - 12/15/66
12/15/66 - 1/5/67
1/5/67-3/31/67
3/31/67 - 12/31/67
Capitol City Club Waitress
Voluntarily unemployed
Varsity Waitress
SCLC Secretary
$ 629.12
347.43
2,534.94
Her total compensation if hired by defendant from
September 15, 1966 to December 31, 1967 would have been at least
$5,182.60. Her actual compensation received for the period was
$3,511.49, or a difference of $1,671.11. Since January 1, 1968,
she has been employed at an annual wage ($4,750.00) in excess of
her anticipated earnings at H-K.
CONCLUSIONS OF LAW
(1) Testing.
At issue here are two types of tests: the proficiency
test (dictation and typing) and the intelligence and personality
tests. Plaintiff's position regarding the former is that it was
unfairly administered and that plaintiff in fact performed in a
satisfactory manner. In regard to the latter, plaintiff contends
that the Otis and 16 P.F. tests are not job-related and therefore
do not comply with the standards envisioned by the Civil Rights
Act of 1964.
The relevant part of the statute (42 U.S.C.A. §2000e-
2(h)) provides:
nor shall it be an unlawful employment practice
for an employer to give and to act upon the
3
15-1/2 months x 350.00, less three weeks out at $80.80 each.
7- 858
results of any professLonally developed ability
test provided that suet test, its administration
or action upon the results is not designed,
intended or used to discriminate because of race
color, religion, sex or national origin."
Resolution of the questions regarding the stenographic
I skills test are essentially factual. As seen, the court has found
that the exhibits presented (P-3 and P-4) are copies of the actual
form dictation letter used and the sample executed by plaintiff
j at the time. Under these circumstances, it cannot be said that she
! performed satisfactorily. Emplo>ers must be granted some discre-
II .
tion in judging the mechanical abilities of job applicants so long
as the same standard of measurement is used without regard to race.
Here there is no showing that any other applicant who was hired
performed in like manner or that any other such test was handled
j differently. Under any theory, it appears beyond dispute that such
ji a mechanical test is within the ambit of the statute and clearly
jj is job-related under any theory. See Local 189. United P a p e ^ V e ^ '
and Paperworkers, AFL-CIO, et al v. United States, 416 F.2d 980 at
988(3) (5th Cir. 1969).
The use of intelligence and personality tests is a much
more complicated matter. There is no question that the Otis and
16 P.F. tests are professionally developed and in any contest
between the wording of the statute and the directives of the Equal !
Employment Opportunity Commission, the court opts for the construc
tion placed thereon in Griggs v. Duke Power Company. 420 F.2d 1225
(4th Cir. 1970). Without repeating all that is said there, the
conclusion is reached that the Congress did not prohibit the use
of such tests so long as they are not "designed, intended, or used
to discriminate " On that basis alone, the court rules that the
use of such general tests, if fairly and uniformly administered,
is not prohibited by the Act. In the context of a job-applleant,
there is nothing to the contrary in Local 189. which concerns
itself with job-experience and the seniority system as it affects
promotion. Certainly there is "no on-goir.g discrimination" in the
giving of professional tests as a requisite of initial hiring.
However, in certain situations, there is support for the
j ! proposition that such tests must not only be professionally
developed but job-related to specific skills required. Such
jj support is found not only in the EEOC directives but in such cases
as Arrington v. Mass. Bay Transportation Authority. 306 F. Supp.
J 1555 (D. Mass. 1969). There a generally reasonable standard is
enunciated, to wit:
"When there is no demonstrated correlation
between scores on aptitude tests and ability
to perform well on particular job and effect
of test is to discriminate against disadvantaged
minorities, use of tests become unconstitu
tionally unreasonable and arbitrary. 42 U.S.C.A.
§§1981, 1983; U.S.C.A. Const. Amends. 13, 14."
If such principle is accepted in its ultimate so as to
provide that any tests (other than mechanical ones) on which
j, Negroes perform less well than whites because of a previous dis
advantaged education may not be used as hiring or promotion
criteria, then all educational, intelligence, personality, or
j general aptitude tests might be invalidated. From the legislative
j ! history, this was not the intent of the Act.
Even if the premise of job-related tests is accepted,
the difficulty lies in a precise definition of job-relationship.
It is one thing to say that such general tests may not bear a
reasonable relationship to the position of a driver or collector
as in Arrington or woodyard worker as in Local 189. or essentially
manual jobs as in United States v. H. K. Porter Company. 296 F. Sunp
9.
336 a
6P)0
40 (N.D. Ala. 1968). It is conceivable that it may be demonstratedj
not to bear a reasonable relationship to the position of policeman I
when evidence is presented in the case of Penn v. Stumpf. 308 F.
Supp. 1238 (N.D. Calif. 1970) (On Mocion to Dismiss). It is quite
ji another to say that they bear no reasonable relationship to office,
| j sales> technical or professional jobs. To the contrary, some such
jj general aptitudes would seem to be most desirable in many of these
j j Positions, especially where, as here, the job calls for a variety
|i of talents. At the least, high scores in such tests would indicatel|
jj that the applicant would do well in this type job. The professionj
j of psychological testing is relatively new and no certain standard
j j for validating tests has heen proscribed. With considerable I '
"jargon" the psychologists themselves disagree. Without the
immense task and considerable expense of tailor-made tests, the
average small employer is relegated to the use of standardized
tests. Those selected here are apparently as valid as any others
generally available.j!
Few courts seem to disagree with the principle that the
j use of general aptitude tests is justified if there is a reasonable lJ relationship between the attributes tested and the needs of the
. work to be performed. It does not constitute discrimination to
j | prefer those with superior ability to score well on a test if it
1
|j reasonably indicates that they are also likely to perform well at
j| the entry level or possess attributes which would be required in a
collateral or bigher-rated job within the department. A hiring
| practice related to ability to perform is not discriminatory even
if it means that disadvantaged minorities are adversely affected,
jl Of course, the concurrent use of different tests or different
;j standards for Negroes and whites would itself constitute prohibited
jj discrimination in employment. As to these propositions, see
s m
S 10.
6 6 1
United States v. H. K. Porter Company, supra, and Arrington v.
Massachusetts Bay Transportation Authority, supra.
In -his context, it is con-j.ded that the tests in
question are professionally developed within the meaning of the
j i statute and, if required by law, are reasonably related to
Ij performance in the jobs sought to be filled by plaintiff.
j! (2) Discrimination in fact.
The issues involved in .1 determination of this question
depend upon sonewhat nebulous inferences on both sides and as such
constitute difi.icult decisions. The chief points for plaintiff
j are (a) the hiring of a white employee, Ingram, within the office
! force> albeit for a lesser position, without administering the
tests given plaintiff and in apparent violation of company policy
! existing at the time and (b) the subsequent hiring of two white
employees only ten days ]ater, even though under an apparent
change in company testing policy. Do such facts constitute
discrimination in themselves? As to the change, in testing, the
court is inclined to the view that it unwittingly occurred as
relates to plaintiff's claim. At that time, there was no contro
versy with pla ntiff, no threats or complaints known to defendant
had been made, relationships between the two had been overall
| pleasant, and no racial motivation appears. The timing of the
change thus appears to have been fortuitous, but can an intent to
j! discriminate be read into the previous failure to test and !
subsequent hiring or are these indications of errors attendant toI!
! a young rapidl/-expanding company feeling its way in hiring
practices.
• \
IIj
| 11.
662
Arrayed against a finding of intentional discrimination
are the facts that the great bulk of applicants for office jobs
for the period after Dr. Shepherd's program was instituted were
similarly tested. Seemingly, even under plaintiff's view, there
1 was never any mention or inquiry of race. There is no showing \
that any other Negro applicant for any job was rejected. This is
particular significant in view of the high incidence of Negro
jj employees in jobs filled by interview alone. Above all there is
an overlay of good performance elsewhere in race relations by the i
I company. This is evidenced by its fair employment practices, its j
I
Urban League contracts, and its employment of considerable numbers
of Negroes, some of whom have advanced to supervisory positions,
|| |j! and other minorities .
The burden of persuasion is in the plaintiff and the
court is concerned about the difficulty often inherent therein.
Normally, it can be aided by an overall statistical showing but
in a limited case such as this it is dependent upon inferences of !
motive, intent and state of mind often from very slight circum-
| stances. For claimant and counsel, this is not an easy task. In
such instances, all a court can do is evaluate these intangibles j
through the witnesses and weigh the overall situation and perfor-
! nance of the employer. On balance, the evidence preponderates
|| toward the company here. Accordingly, the court must find for
j
|j defendant.
II i
In summary, the court finds:
I
(1) The Court has jurisdiction of the parties
and the defendant is an employer within
the meaning of Title VII of the Civil
Rights Act of 1964.
K63
j! 12.
(2) The pre-employment tests administered to
plaintiff are professionally developed
and their use is not prohibited by the
Act.
(3) The use of general aptitude tests, such
as intelligence and personality tests,
are reasonably related to performance
and potential of prospective employees
in secretarial and general office
positions.
(4) The denial of employment to plaintiff
was not racially motivated and the
defendant has not violated the Civil
Rights Act of 1964 in this respect.
Accordingly, judgment may issue for defendant. There is
no provision for attorneys fees under such circumstances and the
prayer therefor is denied.
IT IS SO ORDERED.
This the 2ndday of July, 1970.
6K4
13.
CIV 32 (7-43)J IH K iM K N T ON DECISION RV TH E COURT
United States ©iatrict. (Eowrt
FOR THE
NORTHERN DISTRICT DE
hISS MARGIE DELORES COLBERT
vs.
H-K CORPORATION, INC.
Civil Action File No. 11599
JUDGMENT
This action came on for trial HKKKJfjfi before the Court, Honorable Sidney 0. Smith, Jr.
, United States District Judge, presiding, and the issues having been duly tried
XSBflXdac and a decision having been duly rendered,
It is Ordered and Adjudged that the plaintiff take nothing, that the
action be dismissed on the merits, and that the defendant, H-K CORPORATION,
INC., recover of the plaintiff, MISS MARGIE DELORES COLBERT, its costs
of action.
of
Dated a
jui>
Atlanta, Geor1 ia
, 19 70.
, this 6 th day
Filed and entered in Clerk's Office
July 6, 1970
Claude L. Goza, Clerk
By: ^\\
Deputy Clerk
By
CLAUDE L. GOZA
__ ^ Clerk of Court
Deputy Clerk
3</h
665
- k yiLBD IS CLSBK'S OOTI®
AUG 5 1970
CLAUDE^ GOMr, Clert
THE UNITED STATES DISTRICT CCUR#** (
FOR THE NORTHERN I ISTRICT OF GEORGIA
_______ ATLANTA 3T yijTQN__________
KISS ARGIS DELORES CCLBEP.T {
vs.
I!H-K CORPORATION, INC.
_______________________________ i
CIVIL ACTION
FILE NO. 11599
NOTICE OF APPEAL
Notie- i ~ hereby given that Miss Margie Delores Colbert
h -“by appeal', to the United States Court cf Appeals for the
Fifth Circuit frorr: the final order and judgment entered on
th> 6th day < f July, 1970 in the United States District Court
for th North-rn District of Georgia, Atlanta, Division,
Jenying plaintiffs injunction and other relif f unc'er the
complaint and rendering judgment for the defendant herein.
Dated: August 3, 1970.
iJmirtJl /ttnru {y
HOWARD LORE, JR.
PETER RINDSKOPF
Suite 115 k
75 Piedmont Avenue, N.E.
Atlanta, Georgia 30303
JACK GREEN3BERG
WILLIAu ROBINSON
10 Columbus Circle
New York, N. Y. 10019
1
fiKf,
m * .