St. J. Enriquez v. Transit Mixed Concrete Co.

Good Law
492 F. Supp. 390·23 Empl. Prac. Dec. (CCH) 31,057·26 Fair Empl. Prac. Cas. (BNA) 269·1980 U.S. Dist. LEXIS 12129
United States District Court, Central District of CaliforniaJune 26, 1980CV 74-1755-AAHCalifornia1,478 words

Opinion

Opinion

Hauk, J.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

This cause came on regularly for trial on June 9, 1980, Honorable A. Andrew Hauk, judge presiding. The Court being fully advised, now makes the following Findings of Fact and Conclusions of Law.

FINDINGS OF FACT

1. This is an action in which the issues are raised by plaintiff’s Second Amended Complaint (complaint) and the Amended Answer (answer) of defendant thereto for injunctive and other relief against alleged racial discrimination in employment. Federal jurisdiction and venue are involved under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e, et seq.). The Court has jurisdiction and plaintiff’s action was timely filed.

2. Plaintiff is a Mexican-American citizen of the United States.

3. Plaintiff was employed by defendant as a mixer-driver of a truck transporting ready-mix concrete produced by defendant from January 9, 1969 to and including August 29, 1969 at defendant’s plants at the times herein indicated:

Prior to his employment by defendant plaintiff had never had a job driving a ready-mix truck.

4. From the commencement of his employment plaintiff was hired as an extra (relief) driver and such status existed for…

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