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COUNCIL 31, AFSCME v. WARD

Nos. 91-2980, 91-3077.

978 F.2d 373 (1992)

COUNCIL 31, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, Delores Barrett, Karen Bryson, et al., Plaintiffs-Appellants, v. Sally WARD, individually and as the former Director of the Illinois Department of Employment Security, Loleta Didrickson, as Director of the Illinois Department of Employment Security, Richard McClure, individually and as former Director of Central Management Services and Michael E. Tristano, as the present Director of the Illinois Department of Central Management Services, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 28, 1992.

Attorney(s) appearing for the Case

Gilbert Feldman, Cornfield & Feldman, Solomon I. Hirsh (argued), Chicago, Ill., for plaintiffs-appellants.

Marita C. Sullivan, Office of the Atty. Gen., Chicago, Ill., for Sally A. Ward, Richard McClure, Michael E. Tristano.

Susan Frederick Rhodes, Asst. Atty. Gen. (argued), Marita C. Sullivan, Office of the Atty. Gen., Chicago, Ill., for Sally A. Ward.

Michael D. Mulvihill, Cooney & Associates, Kevin J. Conway (argued), Cooney & Conway, Terrence M. Johnson, Chicago, Ill., for Catherine Shine.

Catherine Masters Epstein (argued), Schiff, Hardin & Waite, Robert L. Martier, Baker & Martier, Chicago, Ill., M. Jayne Rizzo, Julian Solotorovsky, Carolyn Quinn (argued), John Dames, Kelley, Drye & Warren, Chicago, Ill., for Owens Illinois, Inc., Owens-Corning Fiberglas Corp.

Before CUDAHY and EASTERBROOK, Circuit Judges, and WOOD, Senior Circuit Judge.

CUDAHY, Circuit Judge.

This employment discrimination case presents two questions for review. First, does a plaintiff have to allege specific facts to state a cause of action for intentional racial discrimination? Second, must an "employment practice" be more than a single decision by an employer to be actionable under a disparate impact theory? The answer to both questions is no. We therefore reverse.

I.

In the mid-1980s, unemployment in Illinois...

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