From Casetext: Smarter Legal Research

Lansdale v. United Airlines, Inc.

United States Court of Appeals, Fifth Circuit
Feb 17, 1971
437 F.2d 454 (5th Cir. 1971)

Summary

vacating prior determination that discrimination on the basis of marital status was not a violation of Title VII

Summary of this case from Fisher v. Vassar College

Opinion

No. 29254.

February 17, 1971.

Appeal from the United States District Court for the Southern District of Florida; C. Clyde Atkins, Judge.

Richard Bivins Lansdale, Naples, Fla., for appellant.

David R. Cashdan, Russell Specter, Deputy General Counsel, Lutz Alexandar Prager, Attys., Equal Employment Opportunity Commission, Washington, D.C., Stanley P. Hebert, General Counsel, amici curiae.

Laurence A. Schroeder, Miami, Fla., for appellee; Walton, Lantaff, Schroeder, Carson Wahl, Miami, Fla., of counsel.

Before BELL, THORNBERRY, and CLARK, Circuit Judges.


Appellant, an airline stewardess, brought this action in the district court alleging that she was improperly discharged by United Air Lines in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2 by reason of her marriage. United thereafter changed its rules regarding the marital status of its stewardesses, whereupon appellant was reinstated with no loss in seniority. The sole issue presented was whether appellant was entitled to back pay for the period of her discharge.

The district court ruled for United as a matter of law on the basis of our decision in Phillips v. Martin Marietta Corporation, 5 Cir., 1969, 411 F.2d 1. That decision has now been reversed. Phillips v. Martin Marietta Corporation, 400 U.S. 542, 91 S.Ct. 496, 27 L.Ed.2d 613, U.S. (January 25, 1971). It follows that the judgment herein must be vacated and the cause remanded for further consideration in the district court.

Vacated and remanded.


Summaries of

Lansdale v. United Airlines, Inc.

United States Court of Appeals, Fifth Circuit
Feb 17, 1971
437 F.2d 454 (5th Cir. 1971)

vacating prior determination that discrimination on the basis of marital status was not a violation of Title VII

Summary of this case from Fisher v. Vassar College

following Phillips

Summary of this case from Jefferies v. Harris Cty. Cmty. Action
Case details for

Lansdale v. United Airlines, Inc.

Case Details

Full title:Marian Celeste LANSDALE, Plaintiff-Appellant, v. UNITED AIRLINES, INC.…

Court:United States Court of Appeals, Fifth Circuit

Date published: Feb 17, 1971

Citations

437 F.2d 454 (5th Cir. 1971)

Citing Cases

Jefferies v. Harris Cty. Cmty. Action

Following this pronouncement, other courts invalidated company rules which singled out certain subclasses of…

Harper v. Thiokol Chemical Corp.

Jefferies, supra, 615 F.2d at 1034. See In re Consolidated Pretrial Proceedings in Airline Cases, 582 F.2d…