17 Pa. Commw. 31 | Pa. Commw. Ct. | 1975
Opinion by
In 1966, Council of the City of Beaver Falls enacted, and its mayor signed, an ordinance authorizing the mayor to “employ two women'to assist the police department in the patrolling of parking meters and stalls . . . installed on city streets or on any parking lot operated by the Parking Authority.” In 1971, by a second ordinance, the mayor’s authorization was enlarged to allow the employment of four women for the same purpose. Both ordinances fixed an hourly pay rate.
Marie A. Morrell and Lauretta A. McConahy, persons employed by virtue of the ordinances mentioned, filed a complaint with the Pennsylvania Human Relations Commission charging the mayor, council and the chief of police, with discrimination “against them ... in the terms, conditions and privileges of employment as police officers because of their sex (female).” (Emphasis supplied.) They complained of restricted job opportunities, lower pay than male employes, the denial of pay increases granted male police officers and the assignment of part rather than full time work. The Commission, after hearing, found that the complainants were in fact police officers, that they were discriminated against because of their sex and ordered respondents to do a number of things, including, somewhat inconsistently with its findings, that they create positions on the city police force for the complainants with civil service status and that they pay the complainants back and future pay conforming to that enjoyed by male police officers.
Of course, the validity of the complaint and the propriety of the Commission’s order must depend on whether the complainants were police officers. This is a legal determination which must be based on factual findings. Venneri v. County of Allegheny, 5 Pa. Commonwealth Ct. 105, 289 A.2d 523 (1972).
The Commission found that the duty of the complainants has been essentially that of patrolling parking meters
It follows that if, as we hold, the Commission erred in concluding that the complainants were police officers, the complainants were not required by law to be treated exactly as police officers and that their charge of unequal treatment based on sex, fails.
The Commission also concluded that the ordinances mentioned were discriminatory because they expressly declared men to be ineligible for the position of meter attendant. This was correct, but it was not in issue and cannot serve as the basis for relief to the complainants, whose sex made them beneficiaries rather than victims of the discriminatory enactment.
Order
And Now, this 14th day of January, 1975, the order of the Pennsylvania Human Relations Commission herein is set aside.