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SCHATTMAN v. TEXAS EMPLOYMENT COMMISSION

No. 71-1872.

459 F.2d 32 (1972)

Mary Ellen SCHATTMAN, Plaintiff-Appellee, v. TEXAS EMPLOYMENT COMMISSION et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

As Amended March 17, 1972.

Rehearing and Rehearing Denied June 5, 1972.

Attorney(s) appearing for the Case

Jack Sparks, J. C. Davis, Sam Lane, Asst. Attys. Gen., Crawford C. Martin, Atty. Gen., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Samuel D. McDaniel, Staff legal Asst., Austin, Tex., for defendants-appellants.

Phillip B. Sklover, Office of the Gen. Counsel, Equal Employment Opportunity Comm., Washington, D. C., Robert H. Alvis, David G. Stubbeman, Abilene, Tex., for Timex Corp., amicus curiae; Wagstaff, Alvis, Alvis & Leonard, Abilene, Tex., of counsel.

Stanley P. Hebert, Gen. Counsel, John de J. Pemberton, Jr., Deputy Gen. Counsel, Julia P. Cooper, Chief, Appellate Section, Philip B. Sklover, David W. Zugschwerdt, Attys., E.E.O.C., Washington, D. C., for the United States Equal Employment Opportunity Comm. amicus curiae.

Nancy E. Stanley, Atty., E.E.O.C., Washington, D. C., on brief in support of petition for rehearing en banc.

David R. Richards, Clinton & Richards, Austin, Tex., for plaintiff-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 5, 1972.

COLEMAN, Circuit Judge:

This is a case in which a former employee of the Texas State Employment Commission attacked the employer's longstanding policy of terminating employment of pregnant female employees two months prior to expected delivery date. It was alleged that the policy violated the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment. The District Court so held...

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