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MILLER-WOHL CO. v. COM'R OF LABOR & INDUSTRY, ETC.

No. 81-3333.

685 F.2d 1088 (1982)

The MILLER-WOHL CO., INC., Plaintiff-Appellant, v. COMMISSIONER OF LABOR AND INDUSTRY, STATE OF MONTANA, and Tamara L. Buley, Defendants-Appellees. Equal Employment Opportunity Commission, California Dep't of Fair Employment & Housing, Employment Law Center, and Equal Rights Advocates, Inc., Amici Curiae.

United States Court of Appeals, Ninth Circuit.

Decided August 27, 1982.

Attorney(s) appearing for the Case

Charles L. Fine, Phoenix, Ariz., for plaintiff-appellant.

Paul Van Tricht, Helena, Mont., argued, for Com'r of Labor.

Richard R. Buley, Missoula, Mont., argued, for T. L. Buley; Tipp, Hoven, Skjelset & Fizzell, Missoula, Mont., on brief.

Linda Krieger, San Francisco, Cal., for Dept. of Fair Employment.

Karen MacRae Smith, Washington, D.C., for E.E.O.C.

Before WRIGHT, KILKENNY, and CANBY, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

The Miller-Wohl Company fired Tamara Buley because she missed several days of work. Buley was pregnant. Her pregnancy-related illness caused her absences.

The company's employment policy permits no sick leave nor leave of absence for any illness during the first year of employment. Regardless what illness or condition causes a new employee's absence, he or she is discharged for missing work. The company claims it applies this...

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