DIAZ v. PAN AM. WORLD AIRWAYS, INC.

No. 30098.

442 F.2d 385 (1971)

Celio DIAZ, Jr., Plaintiff-Appellant, v. PAN AMERICAN WORLD AIRWAYS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied May 10, 1971.


Attorney(s) appearing for the Case

Eleanor L. Schockett, Miami, Fla., for plaintiff-appellant.

Stephen H. Kimatian, O'Donnell & Schwartz, New York City, for Transport Workers Union of America, AFL-CIO, amicus curiae.

Stanley P. Hebert, Gen. Counsel, Russell Specter, Deputy Gen. Counsel, Gladys Maxine Bethel, David Cashdan, Attys., Washington, D. C., E. E. O. C., amicus curiae.

Herbert Prashker, Poletti, Freidin, Prashker, Feldman & Gartner, New York City, James L. Armstrong, III, Smathers & Thompson, Miami, Fla., and Robert H. Burns, Miami Beach, Fla., for defendant-appellee; Murray Gartner, Lawrence A. Katz, New York City, James L. Armstrong, Miami, Fla., of counsel.

Gilbert Feldman, Barbara J. Hillman, Chicago, Ill., for Air Line Stewards and Stewardesses Assn., amicus curiae.

Before TUTTLE, AINSWORTH and SIMPSON, Circuit Judges.


Rehearing Denied and Rehearing En Banc Denied May 10, 1971.

TUTTLE, Circuit Judge:

This appeal presents the important question of whether Pan American Airlines' refusal to hire appellant and his class of males solely on the basis of their sex violates § 703(a) (1) of Title VII of the 1964 Civil Rights Act. Because we feel that being a female is not a "bona fide occupational qualification" for the job of flight...

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