Jane Banfield Haynes

The complainant, a black woman, took a medical leave of absence from her position as an assembly line supervisor.

Upon her return, she was informed that her position had been filled by a white employee and she was offered a demotion to machine operator with a pay cut, or she could quit.

The Board of Inquiry found that she was constructively dismissed and that race was a significant factor in the decision, as no valid performance reasons were given and there was evidence of racial prejudice by the general manager.

The respondent was ordered to pay $3,300 in compensation for lost wages and injury to feelings.

The complainant, a male, responded to a newspaper advertisement for a dining room server at the respondent's tavern.

He was told by an employee that only waitresses were wanted for the dining room, despite the advertisement mentioning both waiters and waitresses.

The owner preferred to employ only waiters in the beverage lounge and only waitresses in the dining room.

The Board of Inquiry found that the owner's personal preference did not constitute a bona fide occupational qualification and that the respondent refused to employ the complainant because of his sex.

The respondent was ordered to pay $100 in compensation for loss of employment income.