Newmon v. Delta Air Lines, Inc., 72-2966.
| Decision Date | 05 March 1973 |
| Docket Number | No. 72-2966.,72-2966. |
| Citation | 475 F.2d 768 |
| Parties | Mrs. Linda NEWMON, Plaintiff-Appellant, v. DELTA AIR LINES, INC., Defendant-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Howard Moore, Jr., Elizabeth R. Rindskopf, Atlanta, Ga., Jack Greenberg, New York City, for plaintiff-appellant.
Dean Booth, Michael C. Murphy, Atlanta, Ga., Sidney F. Davis, Legal Div. Delta Air Lines, Inc., Atlanta, Ga., for defendant-appellee.
Rita Page Reuss, Cleveland, Ohio, Vivian T. Kelsey, Berea, Ohio, for Women's Law Fund, Inc., amicus curiae.
Before JOHN R. BROWN, Chief Judge, and WISDOM and AINSWORTH, Circuit Judges.
This is an appeal from the denial of a preliminary injunction in which Mrs. Newmon alleges that Delta Air Lines' maternity leave policy violates Title VII of the Civil Rights Act of 1964 42 U.S.C.A. § 2000e, and that as a result of that policy she suffered a loss of employee benefits including the right to reinstatement in her job at the end of the prescribed period subsequent to the birth of her child.
The record reflects that the trial court considered the importance of this question in light of the medical and industrial factors involved and concluded that the relief should await hearing on the merits. Upon applying the usual standard, we find no abuse of discretion. Johnson v. Radford, 5 Cir., 1971, 449 F.2d 115; Southern Petroleum Corp. v. Harper, 5 Cir., 1960, 273 F.2d 715.
As this is a recurring problem of great importance, we feel that the case should be remanded forthwith for trial without delay under a high priority.
Affirmed.
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...it may still be violative of Title VII. See Schattman v. Texas Employment Commission, 459 F.2d 32 5th Cir. 1972, and Newmon v. Delta Airlines, Inc., 475 F.2d 768 5th Cir. A district court in the Fifth Circuit has recognized that: "Schattman, . . . turned upon a divided Appellate Court's int......
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...v. Nashville Gas Co. (D.C.Tenn.1974) 384 F.Supp. 765; contra Newmon v. Delta Air Lines, Inc. (D.C.Ga.1973) 374 F.Supp. 238, affirmed 5 Cir., 475 F.2d 768.12 The guidelines issued by the Equal Employment Opportunity Commission, which by law is charged with the enforcement of Title VII and th......
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Newmon v. Delta Air Lines, Inc., Civ. A. No. 15681.
...On appeal, the United States Court of Appeals for the Fifth Circuit affirmed and remanded the case for trial. Newmon v. Delta Air Lines, Inc., 475 F.2d 768 (5th Cir. 1973). At the hearing on the preliminary injunction, the plaintiff learned that her reinstatement rights would not be affecte......
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Grill v. Aversa
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