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E.E.O.C. v. HALL'S MOTOR TRANSIT CO.

No. 85-3499.

789 F.2d 1011 (1986)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellant, v. HALL'S MOTOR TRANSIT COMPANY and General Teamsters Chauffeurs, Warehousemen and Helpers Local Union 261.

United States Court of Appeals, Third Circuit.

Decided May 1, 1986.

Attorney(s) appearing for the Case

Johnny J. Butler, General Counsel (Acting), Gwendolyn Young Reams, Associate General Counsel (Acting), Vincent Blackwood, Asst. Gen. Counsel, Susan Elizabeth Rees (argued), Attorney, E.E.O.C., Washington, D.C., for appellant.

Francis M. Milone (argued), Steven R. Wall, (Morgan, Lewis & Bockius, of Counsel), Philadelphia, Pa., for appellee.

Before ADAMS, GIBBONS and MANSMANN, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The issue in this case is whether an employer's decision not to reinstate a discharged employee in the course of a grievance procedure may be challenged as racially discriminatory under Title VII. The district court, 609 F.Supp. 862 (D.C.Pa.1985), held as a matter of law that a Title VII claim may not be based upon disparate results of a grievance procedure, but rather a plaintiff under that statute may challenge...

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