Lansdale v. Air Line Pilots Association International, 29410.
Citation | 430 F.2d 1341 |
Decision Date | 13 August 1970 |
Docket Number | No. 29410.,29410. |
Parties | Marian Celeste LANSDALE, Plaintiff-Appellant, v. AIR LINE PILOTS ASSOCIATION INTERNATIONAL, Defendant-Appellee. |
Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Richard Bivins Lansdale, Naples, Fla., for plaintiff-appellant.
Wyatt Johnson, Miami, Fla., for defendant-appellee.
Stanely P. Hebert, Gen. Counsel, Russell Specter, Deputy Gen. Counsel, David M. Cashdan, Lutz Alexander Prager, Attys., Equal Employment Opportunity Comm., Washington, D. C., amicus curiae.
Before THORNBERRY, MORGAN and CLARK, Circuit Judges.
This is a sex discrimination case brought under Title VII of the Civil Rights Act of 19641 against a labor organization. The district court dismissed the complaint. We reverse.2
The district court ruled that as a matter of law the Civil Rights Act did not prohibit a union from causing an airline employer to permit male flight cabin attendants to marry while denying the same privilege to female attendants. No authority for this conclusion is cited by the court. Phillips v. Martin Marietta Corp., 411 F.2d 1 (5th Cir. 1969) does not supply this deficit. Appellee did not file a brief so we are without the benefit of argument to support the district court's position. The bare ruling of the district court would permit discrimination by sex without the requisite finding which must support such a conclusion — that the same is a "bona fide occupational qualification" under 42 U.S.C.A. § 2000e-2(e) (1970). The district court further concluded as a matter of law that the complaint failed to state a claim upon which relief could be granted. The portions of the dismissed complaint which show it should have survived the motion to dismiss are:
Such language is sufficient to charge violations of 42 U.S.C.A. §...
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...and such discrimination is prohibited. Rosenfeld v. Southern Pacific Co., 444 F.2d 1219 (C. A.9, 1971); Lansdale v. Air Line Pilots Association International, 430 F.2d 1341 (C.A.5, 1970); Bowe v. Colgate-Palmolive Co., 416 F.2d 711 (C.A.7, 1969); but cf. Gruenwald v. Gardner, 390 F.2d 591 (......
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McArthur v. Southern Airways, Inc., Civ. A. No. C74-1474A.
...female employees. Phillips v. Martin Marietta Corp., 400 U.S. 542, 91 S.Ct. 496, 27 L.Ed.2d 613; Lansdale v. United Air Line Pilots Association International, 430 F.2d 1341 (5th Cir. 1970). Employment rules concerning age, marriage and pregnancy, and cosmetic weight regulations adversely ap......
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State Division of Human Rights v. Village of Spencerport
...and see Yuhas v. Libbey-Owens-Ford Co., 562 F.2d 496, cert. den. 435 U.S. 934, 98 S.Ct. 1510, 55 L.Ed.2d 531 ("no spouse rule"); Lansdale v. ALPAI, 430 F.2d 1341; and see Ann. Application of State Law to Sex Discrimination in Employment, 87 A.L.R.3d 93; Ann. Sex Discrimination-Marital Statu......