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LANNING v. S.E. PA. TRANSP. AUTHORITY

No. 01-1040.

308 F.3d 286 (2002)

Catherine Natsu LANNING; Altovise Love; Belinda Kelly Dodson; Denise Dougherty; Lynne Zirilli v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY ("SEPTA"); Richard Evans, Individually and in his official capacity as Chief of SEPTA Police Department United States of America v. Southeastern Pennsylvania Transportation Authority Catherine Natsu Lanning; Altovise Love; Belinda Kelly Dodson; Denise Dougherty and Lynne Zirilli, Appellants

United States Court of Appeals, Third Circuit.

Decided October 15, 2002.

Attorney(s) appearing for the Case

Jules Epstein, Kairys, Rudovsky, Epstein, Messing & Rau, LLP, Philadelphia, PA, Michael Churchill (Argued), Philadelphia, PA, for Appellants.

Saul H. Krenzel (Argued), Saul H. Krenzel & Associates, Philadelphia, PA, for Appellee.

Terry L. Fromson, Women's Law Project, Philadelphia, PA, Sharyn A. Tejani, Feminist Majority Foundation, Arlington, VA, for Amici Curiae.

Before ROTH, McKEE and BARRY, Circuit Judges.

OPINION OF THE COURT

BARRY, Circuit Judge.

In Lanning v. Southeastern Pennsylvania Transp. Auth., 181 F.3d 478 (3d Cir. 1999) (hereafter "Lanning I"), we held that "under the Civil Rights Act of 1991,1 a discriminatory cutoff score on an entry level employment examination must be shown to measure the minimum qualifications necessary for successful performance of the job in question...

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