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E.E.O.C. v. WESTINGHOUSE ELEC. CORP.

No. 84-3073.

765 F.2d 389 (1985)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellant, v. WESTINGHOUSE ELECTRIC CORP., Appellee.

United States Court of Appeals, Third Circuit.

Decided June 20, 1985.

Attorney(s) appearing for the Case

Richard K. Willard, Acting Asst. Atty. Gen., Carolyn Kuhl, Deputy Asst. Atty. Gen., Douglas Letter, Atty., Dept. of Justice, Washington, D.C., David L. Slate, Gen. Counsel, Philip B. Sklover, Associate Gen. Counsel, Susan Buckingham Reilly, Acting Asst. Gen. Counsel, Mark S. Flynn (Argued), Atty., E.E.O.C., Washington, D.C., for appellant.

Walter P. DeForest (Argued), Philip A. Miscimarra, Reed Smith Shaw & McClay, Pittsburgh, Pa., Stuart I. Saltman, Westinghouse Elec. Corp., Pittsburgh, Pa., for appellee.

Before ADAMS, WEIS and WISDOM, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This appeal presents the question whether Congress may ratify retroactively the institution of a lawsuit by the Equal Employment Opportunity Commission (EEOC) to enforce the Equal Pay Act requirements of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 206(d) (1982). Westinghouse Electric Corporation (Westinghouse), defendant in a sex discrimination suit initiated by the EEOC, moved to dismiss the action. It...

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