E.E.O.C. v. ST. LOUIS-SAN FRANCISCO RY. CO.

Nos. 83-1072, 83-1127.

743 F.2d 739 (1984)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant and Cross-Appellee, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, now Burlington Northern Railroad Company, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

July 13, 1984.


Attorney(s) appearing for the Case

Lorraine L. Davis, E.E.O.C., Washington, D.C. (David L. Slate, Gen. Counsel, Philip B. Sklover, Associate Gen. Counsel, Vincent J. Blackwood and Vella M. Fink, Asst. Gen. Counsels, and Susan Buckingham Reilly, Atty., E.E.O.C., Washington, D.C., with her on the briefs), for plaintiff-appellant and cross-appellee.

Harvey L. Harmon, Sr., of Kornfeld, Satterfield, McMillin, Harmon, Phillips & Upp, Oklahoma City, Okl. (Dennis T. Rathmann, Asst. Gen. Counsel, Burlington Northern R. Co., St. Louis, Mo., of counsel, with him on the brief), for defendant-appellee and cross-appellant.

Before SETH, Chief Judge, and BREITENSTEIN and McKAY, Circuit Judges.


McKAY, Circuit Judge.

The Equal Employment Opportunity Commission (EEOC) brought this action against the St. Louis-San Francisco Railway Company (now the Burlington Northern Railroad Company) alleging that the company's minimum height requirement for the position of switchman-brakeman discriminated against women,1 in violation of section 706 of Title VII of the Civil Rights Act of 1964. 42 U.S...

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