KUNDA v. MUHLENBERG COLLEGE

No. 79-1135.

621 F.2d 532 (1980)

Connie Rae KUNDA v. MUHLENBERG COLLEGE, John H. Morey, Individually and in his official capacity as President of Muhlenberg College, Philip B. Secor, Individually and in his official capacity as Dean of Muhlenberg College, Harold L. Stenger, in his official capacity as Dean of Muhlenberg College, Muhlenberg College, Appellant.

United States Court of Appeals, Third Circuit.

Decided February 19, 1980.


Attorney(s) appearing for the Case

David M. Rabban, Washington, D. C., for amicus curiae American Ass'n of University Professors; Victor J. Stone, Champaign, Ill., Mary Gray, Washington, D. C., of counsel.

Issie L. Jenkins, Joseph T. Eddins, Beatrice Rosenberg, Paul E. Mirengoff, Washington, D. C., for amicus curiae Equal Employment Opportunity Commission.

Christine Young Topping, Sheldon Elliot Steinbach, Washington, D. C., for amici curiae Nat. Institute of Independent Colleges and Universities, the American Council on Ed., and the Ass'n of Governing Boards of Universities and Colleges.

Harry Reagan, Roberta S. Staats (argued), Philadelphia, Pa., for appellants; Morgan, Lewis & Bockius, Philadelphia, Pa., of counsel.

Michael L. Golden (argued), Roy Yaffe, Philadelphia, Pa., for appellee.

Before SEITZ, Chief Judge, GARTH and SLOVITER, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

This case raises significant questions regarding the application in an educational setting of the statutory provisions prohibiting discrimination on the basis of sex and the appropriate relief to be awarded when discrimination has been proven.

Connie Rae Kunda, an instructor in the Department of Physical Education at Muhlenberg College in Allentown...

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