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PENNINGTON v. LEXINGTON SCHOOL DIST. 2

No. 76-1755.

578 F.2d 546 (1978)

Margaret C. PENNINGTON, Appellant, v. LEXINGTON SCHOOL DISTRICT 2, a body politic and corporate, Mr. Herbert A. Wood, Administrative Superintendent of Lexington School District 2, Mr. Paul Risinger, Principal, Brooklyn-Cayce High School, and the following members of the Board of Trustees: William L. Gantt, Marchant M. Harman, L. T. Outlaw, Robert E. Livingston, Walter S. Walker, Benjamin H. Whetstone, and W. Bryant Jennings, individually and in their official capacities, either as members of the Board of Trustees of Lexington District 2, Principal and Administrative Superintendent, respectively, all jointly and severally, officially and personally, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 3, 1978.

Attorney(s) appearing for the Case

Jerry D. Anker, Washington, D. C. (Steven E. Silverman, Wald, Harkrader & Ross, David Rubin, Washington, D. C., Craig R. Davis, Medlock & Davis, Columbia, S. C., on brief), for appellant.

Edward E. Poliakoff and George C. Beighley, Asst. Attys. Gen., Columbia, S. C. (Daniel R. McLeod, Atty. Gen., Columbia, S. C., on brief), for appellees.

Before BUTZNER, Circuit Judge, FIELD, Senior Circuit Judge, and HALL, Circuit Judge.

BUTZNER, Circuit Judge:

The principal question raised by Margaret C. Pennington in this appeal is whether a school board's policy that denies a teacher on maternity leave employment for the remainder of an entire school year violates § 703(a)(2) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(2).1 Shortly after the appeal was argued, the Supreme Court decided Nashville Gas Co. v. Satty,

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