COLBY v. J.C. PENNEY CO., INC.

No. 86-1500.

811 F.2d 1119 (1987)

Diane COLBY, on her own behalf and that of all other persons similarly situated, Plaintiff-Appellant, v. J.C. PENNEY COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 10, 1987.

Opinion on Denial of Rehearing March 24, 1987.


Attorney(s) appearing for the Case

Eugene J. Schiltz, Robert F. Coleman & Assoc., Chicago, Ill., for plaintiff-appellant.

Robert A. Marsac, Eric H. Lipsitt, Dykhouse & Wise, Detroit, Mich., for defendant-appellee.

Before BAUER, Chief Judge, POSNER, Circuit Judge, and ESCHBACH, Senior Circuit Judge.


POSNER, Circuit Judge.

This suit charges that the J.C. Penney Company, which owns a chain of retail stores, committed sex discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. The plaintiff, Diane Colby, is an employee of Penney in Illinois. She is suing on behalf of herself and all similarly situated Penney employees in Illinois. The suit challenges Penney's "head of household" rule. Until 1971, Penney...

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