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EGBUNA v. TIME-LIFE LIBRARIES, INC.

No. 95-2547.

95 F.3d 353 (1996)

Obiora E. EGBUNA, Plaintiff-Appellant, v. TIME-LIFE LIBRARIES, INCORPORATED, Defendant-Appellee. Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 13, 1996.

Attorney(s) appearing for the Case

ARGUED: John P. Racin, Weissbrodt, Racin & Mielke, Washington, DC, for Appellant. Samuel Alan Marcosson, Office of General Counsel, E.E.O.C., Washington, DC, for Amicus Curiae. Donald R. Livingston, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, DC, for Appellee. ON BRIEF: Nina J. Ginsberg, Dimuro, Ginsberg & Lieberman, P.C., Alexandria, VA, for Appellant. C. Gregory Stewart, General Counsel, Gwendolyn Young Reams, Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, Office of General Counsel, E.E.O.C., Washington, DC, for Amicus Curiae. Lawrence D. Levien, Neil J. Welch, Jr., Harry J.F. Korrell, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, DC, for Appellee.

Before RUSSELL and ERVIN, Circuit Judges, and NORTON, United States District Judge for the District of South Carolina, sitting by designation.

Reversed and remanded by published opinion. Judge ERVIN wrote the majority opinion, in which Judge NORTON joined. Judge RUSSELL wrote a dissenting opinion.

OPINION

ERVIN, Circuit Judge:

We must decide whether a Title VII plaintiff must demonstrate that he is eligible to work in the United States under the Immigration Reform and Control Act of 1986 to establish a prima facie case of employment discrimination. We find that work eligibility is not part...

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