Sandler v. Eastern Airlines, Inc.
| Decision Date | 13 May 1981 |
| Docket Number | No. 80-1771,80-1771 |
| Citation | 649 F.2d 19 |
| Parties | 27 Fair Empl.Prac.Cas. 1269, 26 Empl. Prac. Dec. P 31,835 Elliot SANDLER, Plaintiff, Appellee, v. EASTERN AIRLINES, INC., Defendant, Appellant. |
| Court | U.S. Court of Appeals — First Circuit |
Lloyd M. Starrett, Boston, Mass., with whom Marc D. Greenbaum, Kenneth T. Lopatka, and Foley, Hoag & Eliot, Boston, Mass., were on brief, for defendant, appellant.
Joseph R. Doktor, Randolph, Mass., with whom Abelson & Cohen, Randolph, Mass., was on brief, for plaintiff, appellee.
Before CAMPBELL, BOWNES and BREYER, Circuit Judges.
In December 1977, Elliot Sandler filed a complaint in federal district court against Eastern Airlines, appellant herein, alleging that,
11. The plaintiff on or about August 29, 1972, applied for the job of steward with the defendant. He was rejected for the job because, he was told, of the policy of the defendant not to hire married men, or to hire individuals with children.
12. The effect of the policies and practices of the defendant complained of in paragraph eleven (11) above, has been to deprive married men, married men with children or men with children of equal employment opportunities because of their sex and marital status.
13. As a further result of the defendant's above stated actions, the plaintiff has been deprived of income in the form of wages and of protective retirement benefits, Social Security and other benefits due to him as a worker solely because of his sex and marital status, in a sum to be proven at trial.
Eastern responded to the complaint with a motion to dismiss on the ground, inter alia, that,
4. The allegations of the complaint fail to state a claim upon which relief can be granted in that, among other things, the said allegations show no discrimination in employment on the basis of race, color, religion, sex or national origin, and, as appears from the complaint, defendant's alleged policy was applied equally to all applicants for employment as a flight attendant, regardless of sex.
The district court denied the motion, stating that,
because the plaintiff indicates he is proceeding on a facially-neutral disparate impact theory, and because the record is not clear as to exactly what the defendant's policy was at the time, we cannot say on the record that the plaintiff can prove no set of facts which would entitle him to relief.
Eastern then moved for certification for immediate appellate review, under 28 U.S.C. § 1292(b), of,
the legality, under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., of an employment practice precluding married individuals and/or parents from being considered for employment as flight attendants with Eastern.
The district court granted the motion, and we granted permission for interlocutory appeal.
Having reviewed the parties' briefs and heard oral argument, we are no longer satisfied that the question certified "involves a controlling question of law" and that an immediate appeal "may materially advance the ultimate termination of the litigation," as required by section 1292(b). We therefore dismiss the appeal without addressing the merits of the question certified.
Our conclusion that the section 1292(b) criteria are not met is based on four considerations. First, we think it remains questionable whether the present complaint states a cause of action. See Goldman v. Sears, Roebuck & Co., 607 F.2d 1014, 1018 (1st Cir. 1979); Fisher v. Flynn, 598 F.2d 663, 665 (1st Cir. 1979). While a plaintiff need not plead evidence, he must state facts which, if proven, would entitle him to relief. Sandler's complaint does not explicitly allege that he was denied employment solely because of his sex, in violation of Title VII; nor do the facts pleaded add up to a claim that discrimination resulted because of a facially neutral...
To continue reading
Request your trial
-
Black v. Brown University, Civ. A. No. 82-0702S.
...he must, in a Title VII action, state in his complaint facts which, if proven, would entitle him to relief. Sandler v. Eastern Airlines, Inc., 649 F.2d 19, 20 (1st Cir.1981); Fisher v. Flynn, 598 F.2d 663, 665 (1st Cir.1979). The rule is no different in respect to the § 1981 claims relied o......
-
Linder v. Berge
...to relief. O'Shea v. Littleton, 414 U.S. 488, 497, 94 S.Ct. 669, 676, 38 L.Ed.2d 674 (1974) (42 U.S.C. § 1981); Sandler v. Eastern Airlines, Inc., 649 F.2d 19, 20 (1st Cir.1981) (42 U.S.C. § 2000e et seq.); Fisher v. Flynn, 598 F.2d 663, 665 (1st Cir. 1979) (42 U.S.C. § 1983 and 42 U.S.C. §......
-
In re Jackson Brook Institute, Inc.
...nor affects the progress of the Debtor's proceedings. See In re Williams, 215 B.R. at 299. BancBoston relies on Sandler v. Eastern Airlines, 649 F.2d 19 (1st Cir.1981), to support its argument that the Bankruptcy Order does not raise a controlling issue of law because the bankruptcy court c......
-
Kennedy v. St. Joseph's Ministries Inc.
...appeals where the question certified may be mooted by further proceedings in the district court. See, e.g., Sandler v. E. Airlines, Inc., 649 F.2d 19, 20 (1st Cir.1981) (dismissing § 1292(b) appeal without addressing merits of question certified on scope of Title VII because, inter alia, it......