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EL v. SOUTHEASTERN PENNSYLVANIA TRANSP. AUTH.

No. 05-3857.

479 F.3d 232 (2007)

Douglas EL, Appellant v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY ("SEPTA"), Defendant/Third-Party Plaintiff v. J & D Jagicla Enterprises, Inc., trading as Liberty Vans; King Limousine Service, Inc.; Anderson Travel; Krapfs CPS, Inc.; Community Transit, Inc.; Atlantic Paratrans, Inc.; Triage, Inc.; Edens Corporation; King Paratransit Service, Inc., Third-Party Defendants.

United States Court of Appeals, Third Circuit.

Opinion filed March 19, 2007.

Attorney(s) appearing for the Case

Eugene A. Spector, Esquire, David J. Cohen, Esquire (Argued), Spector, Roseman & Kodroff, P.C., Philadelphia, PA, Timothy M. Kolman, Esquire, Wayne A. Ely, Esquire, Tomothy M. Kolman and Associates, Langhorne, PA, Counsel for Appellant.

Saul H. Krenzel, Esquire (Argued), Robert J. Haurin, Esquire, Saul H. Krenzel & Associates, Philadelphia, PA, Counsel for Appellee.

Theodore M. Shaw, Director-Counsel and President, Norman J. Chachkin, Esquire, Robert H. Stroup, Esquire, Melanca D. Clark, Esquire, NAACP Legal Defense & Educational Fund, Inc., New York, NY, Sharon M. Dietrich, Esquire, Community Legal Services, Inc., Philadelphia, PA, Counsel for Amicus-Appellants.

Before McKEE, and AMBRO, Circuit Judges, RESTANI, Chief Judge.

AMBRO, Circuit Judge.

This appeal arises out of a Title VII action alleging employment discrimination based on race. Plaintiff Douglas El claims that the Southeastern Pennsylvania Transportation Authority ("SEPTA") unnecessarily disqualifies applicants because of prior criminal convictions—a policy that he argues has a disparate impact on minority applicants because they are more likely than white applicants to have convictions on their records.

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