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STEINLE v. BOEING COMPANY

No. 92-3149.

24 F.3d 1250 (1994)

Dorothy S. STEINLE, Plaintiff-Appellant, v. The BOEING COMPANY and Dudley Morris, Defendants-Appellees. Equal Employment Advisory Council and Lawyers' Committee for Civil Rights Under Law, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

May 20, 1994.

Attorney(s) appearing for the Case

James S. Phillips, Jr. of Phillips & Phillips, Chartered, Wichita, KS, for plaintiff-appellant.

Mary Kathleen Babcock (Timothy B. Mustaine with her on the brief) of Fouston & Siefkin, Wichita, KS, for defendants-appellees.

Robert E. Williams, Douglas S. McDowell, and Heidi K. McAuliffe of McGuiness & Williams, Washington, DC, filed a brief, for amicus curiae Equal Employment Advisory Council.

Richard T. Seymour, Michael Selmi, and Sharon R. Vinick of Lawyers' Committee for Civil Rights Under Law, Washington, DC, filed a brief, for amicus curiae Lawyers' Committee.

Before SEYMOUR, Chief Judge, MOORE, Circuit Judge, and BURCIAGA, District Judge.

SEYMOUR, Chief Judge.

This appeal raises only the issue of the retroactivity of the 1991 Civil Rights Act provision for compensatory and punitive damages, 42 U.S.C.A. § 1981a(a)(1) (West Supp.1994), and the related right to present that claim to a jury, id. § 1981a(c), for plaintiffs asserting a claim for intentional discrimination under 42 U.S.C.A. § 2000e et seq. (Title VII). Because retroactivity is precluded by the Supreme Court's...

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