BRACE v. O'NEILL

No. 76-2207.

567 F.2d 237 (1977)

Penelope BRACE on behalf of herself and on behalf of all others similarly situated, Appellant, v. Joseph O'NEILL, Hillel S. Levinson, Foster B. Roser, Frank Rizzo, and City of Philadelphia, Appellees.

United States Court of Appeals, Third Circuit.

Decided November 10, 1977.


Attorney(s) appearing for the Case

Kathleen Willert Peratis, Susan Deller Ross, Jill Laurie Goodman, American Civil Liberties Union Foundation, New York City, Helen T. M. McCaffrey, Philadelphia, Pa., for appellant.

Sheldon L. Albert, City Sol., Stephen Arinson, Chief Deputy City Sol., Mark Jurikson, Asst. City Sol., Philadelphia, Pa., for appellees.

J. Stanley Pottinger, Asst. Atty. Gen., David W. Marston, U. S. Atty., William B. Fenton, Richard S. Ugelow, Sarah T. Cameron, Attys., Dept. of Justice, Washington, D. C., for the United States as amicus curiae.

Susan Cary Nicholas, Alice M. Price, Women's Law Project, Philadelphia, Pa., on the brief; Sandra Swenson, Geraldine F. Prusko, Philadelphia, Pa., for the amicus curiae Philadelphia Chapter of the National Organization for Women, et al.

Before ALDISERT, ROSENN and GARTH, Circuit Judges.


OPINION OF THE COURT

GARTH, Circuit Judge.

Penelope Brace, a member of the Philadelphia Police Department, instituted this action on behalf of herself and other female police officers, alleging sex discrimination in the employment practices of the Department.1 She contended that one facet of the allegedly discriminatory practices was illegal retaliation taken against her by the Department because she opposed the defendants' practices...

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