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FOUST v. SAFEWAY STORES, INC.

No. 75-2924.

556 F.2d 946 (1977)

Linda Fern FOUST, Individually [and as a shareholder's derivative action on behalf of herself and all other stockholders of Safeway Stores, Inc.], Plaintiff[s]-Appellant[s], v. SAFEWAY STORES, INC., a corporation, Quentin Reynolds, Ernest C. Arbuckle, J. G. Bogswell, II, Henry B. Clay, Charles de Bretteville, Malcolm P. Grover, Lorenzo N. Hoopes, Roger D. Lapham, Jr., Merill L. Magowan, Robert A. Magowan, W. S. Mitchell, G. H. Parker, W. Maurice Young, directors of Safeway Stores, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

June 30, 1977.

Attorney(s) appearing for the Case

Robert S. Gelman, argued, San Francisco, Cal., for plaintiff[s]-appellant[s].

Walter R. Allan, argued, Pillsbury, Madison & Sutro, San Francisco, Cal., for defendants-appellees.

Before HUFSTEDLER, GOODWIN and ANDERSON, Circuit Judges.

PER CURIAM:

The novel question presented by this appeal is whether a stockholder can bring a stockholders' derivative action under Title VII on behalf of the corporation for alleged discriminatory employment practices followed by the corporations' board of directors. We hold that a stockholders' derivative action will not lie because the corporate employer is not a "person aggrieved" under Title VII, 42 U.S.C. § 2000e-5(f)(1) by reason of the discriminatory employment...

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