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MacNAMARA v. KOREAN AIR LINES

No. 87-1741.

863 F.2d 1135 (1988)

Thomas V. MacNAMARA, Appellant, v. KOREAN AIR LINES, Appellee.

United States Court of Appeals, Third Circuit.

Decided December 21, 1988.

Attorney(s) appearing for the Case

Mitchell A. Kramer (argued), Steven M. Steingard, Ellen F. Kandell, Robert D. Greenbaum, Mitchell A. Kramer & Associates, Philadelphia, Pa., for appellant.

Alan M. Lerner (argued), Jeffrey Ivan Pasek, Theresa M. Kirkpatrick, Cohen, Shapiro, Polisher, Shiekman and Cohen, Philadelphia, Pa., for appellee.

William Bradford Reynold, Asst. Atty. Gen., Jessica Dunsay Silver, Irving Gornstein, Attys. Dept. of Justice, Washington, D.C., for the U.S. as amicus curiae.

Before HIGGINBOTHAM, STAPLETON, and GREENBERG, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge.

In this appeal we must determine the relationship between the employer choice provisions contained in the Treaty of Friendship, Commerce and Navigation, November 28, 1956, United States-Korea, 8 U.S.T. 2217, T.I.A.S. No. 3947 ("Korean FCN Treaty"), and the proscriptive employer choice language of subsequently enacted federal civil rights legislation, Title VII of the Civil Rights Act of 1964, as amended, 42...

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