Virginia THURBER, Plaintiff, Appellee, v. JACK REILLY'S, INC., D/B/A Jack's, Defendant, Appellant

SKINNER, District Judge.

This appeal from the district court’s denial of the defendant’s motion to dismiss and final judgment for the plaintiff presents the sole issue of the proper interpretation of the definition of employer under Title VII, 42 U.S.C. § 2000e(b).

Plaintiff Thurber began working in November, 1973 as a waitress at a bar and restaurant known as “Jack’s” operated by the defendant. Sometime in 1974 she ap plied for a higher paying position as a bartender. Jack’s followed a practice of hiring only males as bartenders, however, and refused to train her for the position. Thurber…