E.E.O.C. v. ASTRA USA, INC.

No. 96-1751.

94 F.3d 738 (1996)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, Appellee, v. ASTRA USA, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 6, 1996.


Attorney(s) appearing for the Case

Richard L. Alfred, Boston, MA, with whom John A.D. Gilmore, Joshua M. Davis, and Hill & Barlow were on brief, for appellant.

Arthur G. Telegen, William B. Koffel, Foley, Hoag & Elliot LLP, John H. Mason, Robert B. Gordon, Ropes & Gray, John F. Welsh, Testa, Hurwitz & Thibeault LLP, Wilfred J. Benoit, and Goodwin, Procter & Hoar LLP, Boston, MA, on brief for Boston Area Management Attorneys Group, amicus curiae.

Paul D. Ramshaw, with whom C. Gregory Stewart, General Counsel, Gwendolyn Young Reams, Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, and Gail S. Coleman, Washington, DC, were on brief, for appellee.

Michael Roitman, Shapiro Grace Haber & Urmy, Boston, MA, Richard T. Seymour, Teresa A. Ferrante, Helen Norton, Washington, DC, and Ozell Hudson, Jr., Boston, MA, on brief for Lawyers Committee for Civil Rights Under Law, Women's Legal Defense Fund, Massachusetts Black Lawyers Association, and Lawyers Committee for Civil Rights Under Law of the Boston Bar Association, amici curiae.

Before SELYA and CYR, Circuit Judges, and TAURO, District Judge.


SELYA, Circuit Judge.

In this case of first impression, defendant-appellant Astra USA, Inc. ("Astra" or "the company") challenges a preliminary injunction restraining it from entering into or enforcing settlement agreements containing provisions that prohibit settling employees both from filing charges of sexual harassment with the Equal Employment Opportunity Commission ("EEOC" or "the Commission") and from assisting the Commission in

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