TANGREN v. WACKENHUT SERVICES

No. 79-3796.

658 F.2d 705 (1981)

Roald E. TANGREN, William F. Cleghorn, John V. Fletcher, George R. Lane, Donald W. Hart, James W. Bonds and Robert W. Whitfield, Plaintiffs/Appellants, v. WACKENHUT SERVICES, INCORPORATED, a corporation, and Independent Guard Association of Nevada, Local No. L, an unincorporated association and labor organization, Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 5, 1981.

Rehearing Denied November 12, 1981.


Attorney(s) appearing for the Case

William L. McGimsey, Albright, McGimsey & Stoddard, Las Vegas, Nev., for plaintiffs/appellants.

Kenneth W. Anderson, Los Angeles, Cal., Larry C. Johns, Johns & Johns, Las Vegas, Nev., argued, for defendants/appellees; Gibson, Dunn, Crutchen, Los Angeles, Cal., on brief.

Alexander Prager, Mark Flynn, Washington, D.C., amicus curiae.

Before CHAMBERS and CANBY, Circuit Judges, and BATTIN, District Judge.


CANBY, Circuit Judge.

The sole issue posed in this case is whether a particular affirmative action program violates Title VII, 42 U.S.C. § 2000e et seq. The program was undertaken by a company with no prior history of racial discrimination and was adopted as part of a collective bargaining agreement. It modified an existing seniority system in order to reduce or eliminate the system's adverse impact on minorities and women. Appellants, seven non-minority guards...

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