ACHA v. BEAME

No. 397, Docket 75-7388.

531 F.2d 648 (1976)

Beraldine L. ACHA and Arlene M. Egan, each Individually and on behalf of all others similarly situated, Appellants, v. Abraham D. BEAME, Individually and in his capacity as Mayor of the City of New York, et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided February 19, 1976.


Attorney(s) appearing for the Case

Murray A. Gordon, New York City, for appellants.

Leonard Koerner, New York City (W. Bernard Richland, Corp. Counsel, New York City, L. Kevin Sheridan, Gregory D. Frost, New York City, on the brief), for appellees.

Lutz Alexander Prager, Atty., Equal Employment Opportunity Commission, Washington, D. C. (Abner W. Sibal, Gen. Counsel, Joseph T. Eddins, Jr., Associate Gen. Counsel, Beatrice Rosenberg and Charles L. Reischel, Attys., Washington, D. C., on the brief), as amicus curiae.

Before KAUFMAN, Chief Judge, and SMITH and FEINBERG, Circuit Judges.


FEINBERG, Circuit Judge:

This class action by two former female police officers of the New York City Police Department raises important questions as to the effect of a facially neutral seniority system on enforcement of the national policy against sex discrimination. Faced with notice of layoff because of New York City's well-publicized fiscal problems, plaintiffs brought suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and under...

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