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SMITH v. CONWAY ORG.

December 22, 1994

SHARON SMITH, Plaintiff, against THE CONWAY ORGANIZATION, INC., Defendant.

SWEET, U.S.D.J.


The opinion of the court was delivered by: ROBERT W. SWEET

Sweet, D.J.

 Defendant the Conway Organization, Inc., ("Conway") has moved for summary judgment, pursuant to Rule 56, Fed. R. Civ. P., granting them summary judgment dismissing the complaint of the plaintiff Sharon Smith ("Smith"). For the following reasons, this motion is denied.

 Parties

 The Plaintiff, Smith, a black woman, is a resident of New York, New York.

 The Defendant, Conway, is a department store chain with its principal offices located in New York, New York.

 Prior Proceedings

 On October 8, 1992, Smith filed this action pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et seq., and 42 U.S.C. § 1981 claiming that Conway did not hire her on the basis of race.

 On June 8, 1994 Conway filed this motion for summary judgment. Responsive papers were filed. The motion was marked off the calendar until October 5, 1994 when oral argument was heard, and the motion was considered fully submitted.

 Facts

 In December 1991 Conway advertised for a Receptionist. Two of the advertisements were as follows:

 
RECEPTIONIST
 
Organized, pleasant individual is needed for front desk at our Broadway office. A good phone voice and mature attitude are necessary to succeed in this position. Hours will be 9:00 AM to 6:30 PM.
 
RECEPTIONIST
 
Energetic, competent receptionist needed for fast-paced retail company. Excellent communications skills necessary. For more information, please call. . .

 New York Times, December 29, 1991.

 Smith submitted her resume and an application for a position as a receptionist with Conway's after seeing the advertisement placed in the College Placement Office at Bernard Baruch College.

 Between January 1 and 3, 1992, Smith was contacted by Kevin Larkin ("Larkin") an employee in the Human Resources Department at Conway. She was subsequently interviewed by three of Conway's human resources personnel, including Larkin. ...


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