WRIGHT v. OLIN CORP.

Nos. 81-1229, 81-1230.

697 F.2d 1172 (1982)

Theresa Williams WRIGHT, individually and on behalf of all others similarly situated; William Virgil Howell, individually and on behalf of all others similarly situated, Appellants, v. The OLIN CORPORATION, and United Paperworkers International Union, Local No. 1971, AFL-CIO; United Paperworkers International Union, AFL-CIO, Appellees, American Civil Liberties Union Women's Rights Project; American Federation of State County and Municipal Employees; Coal Employment Project; Coalition for the Medical Rights of Women; Coalition for the Reproductive Rights of Workers; Committee for Abortion Rights and against Sterilization Abuse; Employment Law Center; Equal Rights Advocates; International Chemical Workers Union; Oil, Chemical & Atomic Workers International Union; Planned Parenthood Federation of America; Reproductive Rights National Network; Jeanne M. Stellman, Ph.D. and Mary Sue Henifin, M.P.H.; United Automobile Aerospace & Agricultural Implement Workers of America; United Rubber, Cork, Linoleum & Plastic Workers of America; Women Employed; Women's Legal Defense Fund; Equal Employment Advisory Council; The Chemical Manufacturers Association; Lead Industries Association, Inc.; and American Cyanamid Company, Amicus Curiae. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellant, v. The OLIN CORPORATION, a Virginia Corporation; United Paperworkers International Union, Local No. 1971, AFL-CIO; United Paperworkers International Union, AFL-CIO, Appellees, American Civil Liberties Union Women's Rights Project; American Federation of State County and Municipal Employees; Coal Employment Project; Coalition for the Medical Rights of Women; Coalition for the Reproductive Rights of Workers; Committee for Abortion Rights and against Sterilization Abuse; Employment Law Center; Equal Rights Advocates; International Chemical Workers Union; Oil, Chemical & Atomic Workers International Union; Planned Parenthood Federation of America; Reproductive Rights National Network; Jeanne M. Stellman, Ph.D. and Mary Sue Henifin, M.P.H.; United Automobile Aerospace & Agricultural Implement Workers of America; United Rubber, Cork, Linoleum & Plastic Workers of America; Women Employed; Women's Legal Defense Fund; Equal Employment Advisory Council; The Chemical Manufacturers Association; Lead Industries Association, Inc.; and American Cyanamid Company, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided December 23, 1982.


Attorney(s) appearing for the Case

Joel M. Cohn, Washington, D.C. (Deborah A. Reik, Michael J. Connolly, Gen. Counsel, Philip B. Sklover, Acting Associate Gen. Counsel, Vella M. Fink, Asst. Gen. Counsel, Washington, D.C., on brief), for appellants.

Carin Ann Clauss, Washington, D.C. (University of Wisconsin Law School; Joan E. Bertin, American Civil Liberties Union Foundation, New York City, on brief), for amici curiae, American Civil Liberties Union Women's Rights Project, et al.

Thornton H. Brooks, M. Daniel McGinn, Greensboro, N.C. (William P.H. Cary, Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, N.C., William B. Dickinson, Labor Counsel, Olin Corp., Stamford, Conn., on brief), for appellee.

Thompson Powers, Washington, D.C. (Ronald S. Cooper, Daniel C. Sauls, Steptoe & Johnson, Edmund B. Frost, Patrick C. Joyce, Washington, D.C., Standish F. Medina, Jr., Debevoise, Plimpton, Lyons & Gates, New York City, Donald C. Droste, Marilyn H. Martin, Wayne, N.J., on brief), for amici curiae The Equal Employment Advisory Council, the Chemical Mfrs. Ass'n, Lead Industries Ass'n, Inc. and American Cyanamid Co.

Before PHILLIPS, MURNAGHAN and SPROUSE, Circuit Judges.


JAMES DICKSON PHILLIPS, Circuit Judge:

These consolidated appeals were taken from judgments entered in favor of defendant Olin Corporation (Olin) in two employment discrimination actions consolidated for trial. In No. 81-1230, the Equal Employment Opportunity Commission (EEOC), pursuant to 42 U.S.C. § 2000e-5(f)(1), had charged Olin with race and sex discrimination in its Pisgah Forest, North Carolina, plant in recruitment...

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