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E.E.O.C. v. SPERRY CORP.

Nos. 86-1869, 86-1917.

852 F.2d 503 (1988)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee/Cross-Appellant, v. SPERRY CORPORATION, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

July 18, 1988.

Attorney(s) appearing for the Case

Donna J. Brusoski, Atty. (Johnny J. Butler, Acting Gen. Counsel, Gwendolyn Young Reams, Acting Associate Gen. Counsel, and Mark S. Flynn, Acting Asst. Atty. Gen., with her on the briefs), E.E.O.C., Washington, D.C., for plaintiff-appellee/cross-appellant.

Chris Wangsgard (Patrick J. O'Hara, with him on the briefs), Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, for defendant-appellant/cross-appellee.

Before LOGAN and SETH, Circuit Judges, and BOHANON, District Judge.

LOGAN, Circuit Judge.

In this age discrimination case, the Equal Employment Opportunity Commission (EEOC) alleges that defendant Sperry Corporation (Sperry) improperly discharged and then failed to rehire Elizabeth Koyen, in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq.

After a jury found for EEOC and Koyen at trial, both parties appealed. Because all other issues depend on an initial finding of liability...

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