E. E. O. C. v. FIRST NAT. BANK OF JACKSON

No. 78-1357.

614 F.2d 1004 (1980)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. FIRST NATIONAL BANK OF JACKSON, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 2, 1980.


Attorney(s) appearing for the Case

Mary Helen Mautner, Lutz Alexander Prager, Susan Buckingham Reilly, Attys., Washington, D. C., for plaintiff-appellant.

Fuselier, Ott, McKee & Flowers, M. Curtiss McKee, Armin J. Moeller, Jr., Jackson, Miss., for defendant-appellee.

Before MORGAN, REAVLEY and HATCHETT, Circuit Judges.


HATCHETT, Circuit Judge:

This appeal raises the question of whether an employer charged with discrimination in a Title VII action may counterclaim or present affirmative defenses sounding in tort. We reverse, holding that such an employer may not counterclaim or defend based on tort claims.

Appellant, Equal Employment Opportunity Commission, brought this suit in 1975 after its investigation of a charge of discrimination filed by George Brister, a black man...

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