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PAPA v. KATY INDUSTRIES, INC.

Nos. 98-2009, 98-2185.

166 F.3d 937 (1999)

James PAPA, Plaintiff-Appellant, v. KATY INDUSTRIES, INC. and Walsh Press Company, Inc., Defendants-Appellees. Equal Employment Opportunity Commission, Plaintiff-Appellant, v. GJHSRT, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 8, 1999.

Rehearing and Suggestion for Rehearing Denied March 18, 1999.

Attorney(s) appearing for the Case

Margaret A. Angelucci (argued), Joel A. D'alba, Asher, Gittler, Greenfield, Cohen & D'alba, Chicago, IL for Plaintiff-Appellant in docket No. 98-2009.

David I. Herbst, Judith M. Hudson (argued), Holleb & Coff, Chicago, IL, for Defendants-Appellees in docket No. 98-2009.

Gail S. Coleman (argued), Equal Employment Opportunity Commission, Office of General Counsel, Washington, DC, for Plaintiff-Appellant in docket No. 98-2185.

William R. Sullivan, Jr. (argued), Franczek Sullivan, Chicago, IL, for Defendants-Appellees in docket No. 98-2185.

Before POSNER, Chief Judge, and BAUER and EVANS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied March 18, 1999.

POSNER, Chief Judge.

We have consolidated for decision two appeals that raise the same issue. That issue is what test to use to determine whether an employer that has fewer than 15 or 20 employees, and thus falls below the threshold for coverage by the major federal antidiscrimination laws, 42 U.S.C. § 2000e(b) (Title VII of Civil Rights Act of 1964) (15 employees); 42 U.S.C. §...

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