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COM., PA. HUMAN REL. COM. v. THORP ET AL.

No. 862 C.D. 1975.

25 Pa.Commw. 295 (1976)

Commonwealth of Pennsylvania, Pennsylvania Human Relations Commission v. Thorp, Reed & Armstrong, Appellant. Marcella Phelps Hanson, Intervening Appellee.

Commonwealth Court of Pennsylvania.

June 24, 1976.

Attorney(s) appearing for the Case

Judd N. Poffinberger, Jr., with him Kirkpatrick, Lockhart, Johnson & Hutchison, for appellant.

Katherine H. Fein, Assistant General Counsel, with her Sanford Kahn, General Counsel, for appellee.

Anthony P. Picadio, for intervening appellee.

Paulette J. Balogh, Counsel, for amicus curiae, Southwestern Pennsylvania Council of the National Organization for Women.

Leslie Cooney, Zelda Curtiss, Jane Davis, Sally Frick, Rita Levine, and Marcia Webb, for amicus curiae, Duquesne Women Law Students Association.

Jon G. Hogue, Louise R. Malakoff, Frances O. Tennant, and Samuel A. Vitaro, for amicus curiae, The Legal Rights of Women Section of the Allegheny County Bar Association.

Argued October 29, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, June 24, 1976:

This is a case of first impression involving a question of alleged discrimination in employment under Section 5(d) of the Pennsylvania Human Relations Act1 (Act), which provides:

"It shall be an unlawful discriminatory practice unless based upon a bona fide occupational qualification. . . .

"(d) For any employer, employment...

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