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GAY v. WAITERS' AND DAIRY LUNCHMEN'S UNION

No. 80-4120.

694 F.2d 531 (1982)

James GAY, Leonard Whitman, Frederick McDowell, Douglas Lee, Gary Dennis and Loyal Graham, on behalf of themselves and all persons similarly situated, Plaintiffs-Appellants, v. WAITERS' AND DAIRY LUNCHMEN'S UNION, LOCAL NO. 30; Dining Room Employees Union, Local No. 9; Hotel and Restaurant Employees & Bartenders Union, Local No. 2; the St. Francis Hotel Corporation, a Delaware corporation; Hilton Hotels Corp., a Delaware corporation d/b/a San Francisco Hilton & Tower, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 24, 1982.

As Amended December 2, 1982.

Attorney(s) appearing for the Case

B. E. Bergesen, III, Berkeley, Cal., for plaintiffs-appellants.

Cecily Waterman, Brobeck, Phleger & Harrison, San Francisco, Cal., argued, for defendants-appellees; Donald D. Connors, Jr., Anthony C. Piazza, San Francisco, Cal., McKnight, Hudson, Lewis & Henderson, Memphis, Tenn., on brief.

Before WALLACE and KENNEDY, Circuit Judges, and CROCKER, District Judge.

WALLACE, Circuit Judge:

This case presents several significant issues concerning the order and allocation of proof, the proper role of statistical evidence, and the appropriate standard of appellate review in employment discrimination actions brought pursuant to 42 U.S.C. § 1981. Plaintiff-appellant Gay, along with three other black male waiters (the waiters),1 filed the original complaint in this action on March 28, 1973, alleging...

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