274 F.Supp. 781 (E.D.La. 1967), Civ. A. 67-477, Cooper v. Delta Air Lines, Inc.

Docket Nº:Civ. A. 67-477
Citation:274 F.Supp. 781
Party Name:Cooper v. Delta Air Lines, Inc.
Case Date:October 19, 1967
Court:United States District Courts, 5th Circuit, Eastern District of Louisiana
 
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Page 781

274 F.Supp. 781 (E.D.La. 1967)

Eulalie E. COOPER, Plaintiff,

v.

DELTA AIR LINES, INC., Defendant.

Civ. A. No. 67-477.

United States District Court, E.D. Louisiana.

Oct. 19, 1967

James F. Quaid, Jr., Baldwin & Quaid, Sidney Bach, New Orleans, La., for plaintiff.

Bernard Marcus, Charles K. Reasonover, of Deutsch, Kerrigan & Stiles, New Orleans, La., G. Dean Booth, Jr., Atlanta, Ga., for defendant.

COMISKEY, District Judge.

Delta fired stewardess, Eulalie E. Cooper, plaintiff, on April 1, 1966 because she had gotten married on October 17, 1964. Delta's policy was to employ only single women as stewardesses and plaintiff got the job knowing this when she signed the following agreement:

Delta Air Lines, Inc.

Employment Termination in the Event of Marriage

(Stewardess)

As a further consideration for employment I hereby certify that I have never been married and that I shall terminate automatically and voluntarily my employment with Delta Air Lines prior to the event of my entry into a contract of marriage any time during the Stewardess Training Course, after successfully completing the stewardess training class and prior to the assignment of regular stewardess duties or after assignment to regular stewardess duties. I understand and

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further agree that my employment as a stewardess will not be continued beyond the end of the month during which my thirty-fifth (35th) birthday occurs.

Plaintiff charged Delta with discrimination in violation of 42 U.S.C. § 2000e et seq. before the Equal Employment Opportunity Commission, which wrote plaintiff a statutory letter advising her to file this suit if she wanted. The letter from E.E.O.C. admitted it had not 'made a determination' as to the legal validity of her case under the 1964 Civil Rights Law. The plaintiff's suit complains that Delta's policy of limiting her job to single women is an unlawful employment practice.

§ 2000e-2. Unlawful employment practices-- Employer practices

'(a) It shall be an unlawful employment practice for an employer--

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or (2) to limit, segregate, or classify his...

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