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EBERTS v. WESTINGHOUSE ELEC. CORP.

No. 77-2516.

581 F.2d 357 (1978)

Kathleen W. EBERTS, Genevieve Bialoblocki, Thelma Bryant, Tanya Fourshee, Della Hageman, Judith Jenkins, Josephine Kandefer, Dolores Kostelny, Stella Lazarczyk, Barbara Leverett, Ollie Little, Donna Loudermill, Mary Miller, Mabel Morrell, Connie O'Neal, D. M. Osborne, Theresa Ratka, Adelaine Reece, Elizabeth Ross, Margaret Service, Naomi Williams and Joyce Young, on behalf of themselves and on behalf of all persons similarly situated and International Union of Electrical, Radio and Machine Workers, AFL-CIO-CLC, an unincorporated association, International Union of Electrical, Radio and Machine Workers AFL-CIO-CLC, Local 410, an unincorporated association, and International Union of Electrical Radio and Machine Workers, AFL-CIO-CLC Local 1581, an unincorporated association, v. WESTINGHOUSE ELECTRIC CORPORATION, a corporation and White-Westinghouse Corporation. Appeal of Kathleen EBERTS, International Union of Electrical, Radio and Machine Workers, AFL-CIO-CLC, Tanya Fourshee, Josephine Kandefer, Dolores Kostelny, Stella Lazarczyk, Ollie Little, Della Hageman, Mabel Morrell, Connie O'Neal, Thelma Bryant, D. M. Osborne, Elizabeth Ross, Margaret Service, Donna Loudermill, Barbara Levenett, Judith Jenkins and Naomi Williams.

United States Court of Appeals, Third Circuit.

Decided July 18, 1978.

Attorney(s) appearing for the Case

Louis B. Kushner, Rothman, Gordon, Foreman & Groudine, Pittsburgh, Pa., Winn Newman, Judy Bonderman, Washington, D. C., Michael B. Trister, Richard B. Sobol, Bruce S. Gelber, Sobol & Trister, Washington, D. C., Frank Petramalo, Jr., Bredhoff, Gottesman, Cohen & Weinberg, Washington, D. C., for appellants.

Walter P. DeForest, Peter D. Post, Patrick W. Ritchey, Walter G. Bleil, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for defendant-appellee, Westinghouse Electric Corp.

Before ADAMS, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

Because of the rapidly evolving nature of the field, litigation directed at alleged employment discrimination based on sex continues to generate perplexing legal questions. The present appeal is founded on an effort by appellants to establish that General Electric Co. v. Gilbert, 429 U.S. 125, 97 S.Ct. 401, 50 L.Ed.2d 343 (1976), does not preclude them from stating a claim...

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