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E.E.O.C. v. J.C. PENNEY CO., INC.

No. 86-1139.

843 F.2d 249 (1988)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. J.C. PENNEY CO., INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 4, 1988.

Rehearing and Rehearing Denied June 22, 1988.

Attorney(s) appearing for the Case

Peggy R. Mastroianni (argued), Johnny J. Butler, General Counsel, E.E.O.C., Trial Services Div., Karen MacRae Smith, Washington, D.C., Miguel Ortiz, Trial Atty., E.E.O.C., Detroit, Mich., for plaintiff-appellant.

Robert A. Marsac (argued), Dykhouse & Wise, Detroit, Mich., for defendant-appellee.

Before ENGEL, Chief Judge, BOGGS, Circuit Judge, and HILLMAN, Chief District Judge.

Rehearing and Rehearing En Banc Denied June 22, 1988.

BOGGS, Circuit Judge.

The Equal Employment Opportunity Commission ("EEOC") charges J.C. Penney Company ("Penney") with sex discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. The EEOC challenges the "head of household" provision of Penney's medical and dental insurance plan, which permits a Penney employee to elect coverage for his or her...

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