zipes
trans
world
airlines
argued
december
decided
february
union
representing
flight
attendants
employed
respondent
trans
world
airlines
twa
brought
class
action
alleging
twa
practiced
unlawful
sex
discrimination
violation
title
vii
civil
rights
act
policy
grounding
female
flight
attendants
became
mothers
male
counterparts
became
fathers
permitted
continue
flying
subsequently
individual
members
class
petitioners
appointed
class
representatives
replace
union
found
inadequate
representative
district
later
denied
twa
motion
exclude
class
members
filed
charges
equal
employment
opportunity
commission
eeoc
within
time
limit
specified
title
vii
holding
filing
requirement
jurisdictional
prerequisite
subject
waiver
violation
twa
continued
class
members
twa
changed
challenged
policy
also
granted
plaintiff
class
motion
summary
judgment
issue
twa
liability
violating
title
vii
appeals
affirmed
grant
summary
judgment
held
timely
filing
eeoc
charges
jurisdictional
prerequisite
declined
extend
continuing
violation
theory
include
plaintiff
class
terminated
employees
failed
file
timely
eeoc
charges
however
stayed
mandate
pending
filing
petitions
turn
deferred
consideration
petitions
pending
completion
settlement
proceedings
district
proceedings
district
designated
two
subclasses
subclass
consisting
women
terminated
march
discharged
earlier
accepted
reinstatement
ground
positions
subclass
consisting
members
class
whose
claims
appeals
found
jurisdictionally
barred
failure
satisfy
requirement
flight
attendants
current
union
petitioner
permitted
intervene
object
proposed
settlement
basis
appeals
stay
mandate
jurisdictional
decision
district
rejected
union
challenge
jurisdiction
subclass
also
approved
settlement
awarded
restoration
retroactive
seniority
appeals
affirmed
rejecting
union
contention
appeals
earlier
opinion
district
lacked
jurisdiction
approve
settlement
order
retroactive
seniority
respect
subclass
held
filing
timely
charge
discrimination
eeoc
jurisdictional
prerequisite
suit
federal
requirement
like
statute
limitations
subject
waiver
estoppel
equitable
tolling
structure
title
vii
congressional
policy
underlying
reasoning
prior
cases
lead
conclusion
pp
district
authority
award
retroactive
seniority
members
subclass
well
subclass
pp
union
contention
finding
discrimination
respect
subclass
thus
predicate
relief
title
vii
without
merit
district
found
unlawful
discrimination
plaintiff
class
whole
time
class
yet
divided
two
subclasses
summary
judgment
ran
favor
entire
class
since
appeals
erred
ruling
district
jurisdiction
claims
met
filing
requirement
individuals
excluded
class
prior
grant
summary
judgment
jurisdictional
barrier
district
finding
discrimination
respect
entire
class
pp
equally
meritless
union
contention
retroactive
seniority
contrary
agreement
awarded
objection
union
found
guilty
discrimination
seniority
relief
identifiable
victims
illegal
discrimination
form
relief
generally
appropriate
made
clear
teamsters
finding
discrimination
employer
award
retroactive
seniority
appropriate
even
finding
union
also
illegally
discriminated
pp
white
delivered
opinion
brennan
marshall
blackmun
joined
parts
ii
burger
powell
rehnquist
joined
powell
filed
opinion
concurring
part
concurring
judgment
part
burger
rehnquist
joined
post
stevens
took
part
consideration
decision
cases
together
independent
federation
flight
attendants
trans
world
airlines
et
also
certiorari
raymond
randolph
argued
cause
petitioners
brief
aram
hartunian
arnold
shure
kevin
forde
william
jolley
argued
cause
petitioner
briefs
steven
fehr
scott
raisher
george
kaufmann
laurence
carton
argued
cause
respondent
trans
world
airlines
brief
james
fn
solicitor
general
lee
assistant
attorney
general
reynolds
deputy
solicitor
general
wallace
barry
sullivan
jessica
silver
mark
gross
constance
dupre
philip
sklover
filed
brief
et
al
amici
curiae
urging
reversal
affirmance
albert
woll
robert
weinberg
michael
gottesman
laurence
gold
filed
brief
american
federation
labor
congress
industrial
organizations
amicus
curiae
urging
reversal
robert
williams
douglas
mcdowell
daniel
levinson
filed
brief
equal
employment
advisory
council
amicus
curiae
urging
affirmance
cases
justice
white
delivered
opinion
primary
question
cases
whether
statutory
time
limit
filing
charges
title
vii
civil
rights
act
stat
amended
et
seq
ed
jurisdictional
prerequisite
suit
district
secondarily
resolve
dispute
whether
retroactive
seniority
proper
remedy
title
vii
cases
air
line
stewards
stewardesses
association
alssa
agent
trans
world
airlines
twa
flight
attendants
brought
class
action
alleging
twa
practiced
unlawful
sex
discrimination
violation
title
vii
policy
grounding
female
flight
cabin
attendants
became
mothers
male
counterparts
became
fathers
permitted
continue
flying
collective
bargaining
eliminated
challenged
practice
prospectively
parties
case
reached
tentative
settlement
settlement
provided
neither
backpay
retroactive
seniority
approved
district
appeals
seventh
circuit
however
found
union
inadequate
representative
class
inherent
conflict
interests
current
former
employees
remanded
case
instructions
district
name
individual
members
class
replace
alssa
class
representative
air
line
stewards
stewardesses
assn
american
airlines
upon
remand
petitioners
appointed
class
representatives
twa
moved
amend
answer
assert
claims
plaintiffs
class
members
barred
title
vii
statute
limitations
failed
file
charges
equal
employment
opportunity
commission
eeoc
within
statutory
time
limit
app
although
district
granted
motion
amend
noted
delay
pleading
defense
limitations
may
well
ultimately
constitute
waiver
defense
subsequently
october
district
denied
twa
motion
exclude
class
members
filed
timely
charges
eeoc
support
motion
twa
argued
instead
affirmative
defense
analogous
statute
limitations
timely
filing
eeoc
jurisdictional
prerequisite
subject
waiver
action
defendants
district
agreed
filing
requirements
title
vii
jurisdictional
denied
motion
basis
violation
airline
continued
class
members
airline
changed
challenged
policy
october
district
granted
motion
plaintiff
class
summary
judgment
issue
twa
liability
violating
title
vii
appeals
affirmed
order
october
granting
summary
judgment
liability
expressly
holding
twa
motherhood
policy
provides
clear
example
sex
discrimination
prohibited
consolidated
pretrial
proceedings
airline
cases
declined
however
extend
continuing
violation
theory
district
include
plaintiff
class
employees
permanently
terminated
days
filing
eeoc
charges
appeals
went
hold
timely
filing
eeoc
charges
jurisdictional
prerequisite
twa
waive
requirement
appeals
found
approximately
plaintiffs
claims
jurisdictionally
barred
failure
plaintiffs
filed
charges
discrimination
eeoc
within
days
alleged
unlawful
employment
practice
appeals
however
stayed
mandate
pending
filing
petitions
petitions
certiorari
filed
plaintiff
class
twa
granted
motions
defer
consideration
petitions
pending
completion
settlement
proceedings
district
connection
settlement
proceedings
district
designated
two
subclasses
subclass
consisting
women
comprised
terminated
march
well
discharged
earlier
accepted
reinstatement
ground
duty
positions
subclass
numbering
women
covered
members
class
consisted
whose
claims
appeals
found
jurisdictionally
barred
failure
satisfy
requirement
app
proposed
settlement
divided
million
two
groups
also
provided
class
member
full
company
union
seniority
date
termination
agreement
specified
event
timely
objection
interested
person
agreed
amount
seniority
credit
length
service
compensation
period
determined
discretion
pursuant
provisions
section
applicable
provisions
law
without
contest
objection
twa
app
pet
cert
independent
federation
flight
attendants
union
replaced
alssa
agent
flight
attendants
permitted
intervene
object
settlement
basis
appeals
issued
mandate
jurisdictional
decision
district
rejected
union
challenge
jurisdiction
subclass
holding
three
days
hearings
district
approved
settlement
awarded
competitive
seniority
explicitly
found
full
restoration
retroactive
seniority
unusual
adverse
impact
upon
currently
employed
flight
attendants
way
atypical
title
vii
cases
union
appealed
argued
appeals
earlier
opinion
district
lacked
jurisdiction
approve
settlement
order
retroactive
seniority
respect
subclass
appeals
affirmed
reasoning
principles
favoring
settlement
class
action
lawsuits
remain
regardless
whether
disputed
legal
issues
center
jurisdiction
action
air
line
stewards
stewardesses
assn
trans
world
airlines
explained
question
jurisdiction
subclass
finally
determined
challenge
decision
pending
observed
courts
appeals
split
issue
appeals
noted
district
clearly
jurisdiction
claims
subclass
concluded
jurisdictional
question
settled
finality
parties
forced
litigate
issue
jurisdiction
arrive
settlement
otherwise
appropriate
district
approval
ibid
appeals
also
affirmed
award
seniority
according
settlement
served
public
policy
remedying
past
acts
sex
discrimination
consequences
past
acts
moreover
right
objections
heard
course
give
intervenor
right
block
settlement
objects
ibid
union
petitioned
certiorari
granted
petition
together
petitions
later
removed
twa
case
argument
docket
limited
grant
ii
single
question
whether
timely
filing
eeoc
charge
jurisdictional
prerequisite
bringing
title
vii
suit
federal
whether
requirement
subject
waiver
estoppel
reaching
decision
requirement
jurisdictional
appeals
seventh
circuit
relied
reading
statutory
language
absence
indication
contrary
legislative
history
references
several
cases
filing
requirement
jurisdictional
courts
appeals
examined
materials
reached
opposite
conclusion
hold
filing
timely
charge
discrimination
eeoc
jurisdictional
prerequisite
suit
federal
requirement
like
statute
limitations
subject
waiver
estoppel
equitable
tolling
structure
title
vii
congressional
policy
underlying
reasoning
cases
lead
conclusion
provision
granting
district
courts
jurisdiction
title
vii
limit
jurisdiction
cases
timely
filing
eeoc
contains
reference
requirement
provision
specifying
time
filing
charges
eeoc
appears
entirely
separate
provision
speak
jurisdictional
terms
refer
way
jurisdiction
district
courts
legislative
history
filing
provision
sparse
senator
humphrey
characterize
time
period
filing
claim
period
limitations
cong
rec
senator
case
described
purpose
preventing
pressing
stale
claims
end
served
statute
limitations
although
subsequent
legislative
history
dispositive
see
seatrain
shipbuilding
shell
oil
cannon
university
chicago
legislative
history
amendments
also
indicates
congress
intended
filing
period
operate
statute
limitations
instead
jurisdictional
requirement
final
conference
committee
analysis
equal
opportunity
act
cong
rec
committee
termed
filing
period
time
limitation
explained
subsection
amended
provides
charges
filed
within
days
alleged
unlawful
employment
practice
decisions
present
law
shown
inclination
interpret
time
limitation
give
aggrieved
person
maximum
benefit
law
intended
decisions
way
circumscribed
extension
time
limitations
subsection
weighty
inferences
however
drawn
cases
franks
bowman
transportation
title
vii
suit
employer
union
district
denied
relief
unnamed
class
members
ground
individuals
filed
administrative
charges
provisions
title
vii
relief
thus
appropriate
appeals
disturb
ruling
reversed
saying
district
stated
two
reasons
denial
seniority
relief
unnamed
class
members
first
individuals
filed
administrative
charges
provision
title
vii
equal
employment
opportunity
commission
therefore
class
relief
sort
appropriate
rejected
justification
denial
relief
context
backpay
awards
albemarle
paper
moody
reject
justification
denying
relief
title
vii
suits
unanimously
rejected
courts
appeals
congress
ratified
construction
amendments
omitted
love
pullman
announced
guiding
principle
construing
provisions
title
vii
declining
read
literally
another
filing
provision
title
vii
explained
technical
reading
particularly
inappropriate
statutory
scheme
laymen
unassisted
trained
lawyers
initiate
process
principle
must
applied
well
reasoning
cases
assumes
filing
requirement
jurisdictional
electrical
workers
robbins
myers
rejected
argument
requirement
tolled
plaintiff
pursuing
grievance
procedure
set
agreement
reach
decision
basis
period
jurisdictional
instead
considered
merits
series
arguments
grievance
procedures
toll
requirement
reasoning
gratuitous
filing
requirement
jurisdictional
prerequisite
similarly
sua
sponte
dismiss
action
mohasco
silver
basis
district
lacked
jurisdiction
plaintiff
failure
comply
related
title
vii
time
provision
instead
merely
observed
etitioner
assert
respondent
failure
file
action
within
days
defense
holding
compliance
filing
period
jurisdictional
prerequisite
filing
title
vii
suit
requirement
subject
waiver
well
tolling
equity
requires
honor
remedial
purpose
legislation
whole
without
negating
particular
purpose
filing
requirement
give
prompt
notice
employer
therefore
reverse
appeals
iii
union
challenges
several
grounds
district
authority
award
union
objection
retroactive
seniority
members
subclass
already
rejected
union
first
contention
namely
district
jurisdiction
award
relief
complied
title
vii
filing
requirement
union
also
contends
event
finding
discrimination
respect
subclass
members
predicate
relief
therefore
missing
contention
also
without
merit
district
unquestionably
found
unlawful
discrimination
plaintiff
class
class
time
subdivided
subclasses
summary
judgment
ran
favor
entire
class
including
members
filed
timely
charges
appeals
affirmed
summary
judgment
order
well
finding
discriminatory
employment
practice
went
however
hold
district
jurisdiction
claims
met
filing
requirement
individuals
excluded
class
prior
grant
summary
judgment
held
ruling
erroneous
district
jurisdiction
nonfiling
class
members
thus
jurisdictional
barrier
finding
discrimination
respect
entire
class
reversal
appeals
judgment
dismissal
challenged
affirmance
summary
judgment
order
order
found
classwide
discrimination
remains
intact
final
award
retroactive
seniority
members
subclass
well
subclass
infirm
want
finding
discriminatory
employment
practice
equally
meritless
union
contention
retroactive
seniority
contrary
agreement
awarded
objection
union
found
guilty
discrimination
franks
bowman
transportation
read
legislative
history
title
vii
giving
emphatic
confirmation
federal
courts
empowered
fashion
relief
particular
circumstances
case
may
require
effect
restitution
making
whole
far
possible
victims
discrimination
franks
district
found
employer
engaged
discrimination
discriminatory
practices
perpetuated
agreements
unions
teamsters
however
makes
clear
finding
discrimination
employer
award
retroactive
seniority
appropriate
even
finding
union
also
illegally
discriminated
teamsters
parties
agreed
decree
provided
district
decide
whether
discriminatees
awarded
additional
equitable
relief
retroactive
seniority
although
held
union
violated
title
vii
agreeing
maintaining
seniority
system
nonetheless
directed
union
remain
litigation
defendant
full
relief
awarded
victims
employer
discrimination
teamsters
settlement
left
district
final
decision
retroactive
seniority
resolving
seniority
issue
district
gave
union
process
due
title
vii
cases
union
allowed
intervene
district
heard
objections
made
appropriate
findings
determined
retroactive
seniority
awarded
appeals
agreed
determination
eliminated
consideration
question
whether
facts
cases
appeals
district
error
respect
accordingly
judgment
reversed
judgment
affirmed
ordered
footnotes
suit
filed
ed
required
charges
filed
within
days
alleged
unlawful
employment
practice
provision
amended
extend
time
limit
days
codified
section
title
vii
stat
amended
provides
finds
respondent
intentionally
engaged
intentionally
engaging
unlawful
employment
practice
charged
complaint
may
enjoin
respondent
engaging
unlawful
employment
practice
order
affirmative
action
may
appropriate
may
include
limited
reinstatement
hiring
employees
without
back
pay
equitable
relief
deems
appropriate
appeals
relied
language
franks
bowman
transportation
istrict
courts
take
starting
point
presumption
favor
seniority
relief
proceed
legal
analysis
point
relief
may
denied
abstract
basis
adverse
impact
upon
interests
employees
rather
basis
unusual
adverse
impact
arising
facts
circumstances
generally
found
title
vii
cases
twa
contends
appeals
erred
affirming
summary
judgment
plaintiffs
issue
liability
twa
required
grant
prospective
relief
plaintiffs
appeals
erred
defining
subclass
plaintiffs
filed
timely
charges
eeoc
view
decision
dismiss
petition
improvidently
granted
see
electrical
workers
robbins
myers
air
lines
evans
alexander
mcdonnell
douglas
green
see
carlile
south
routt
school
district
coke
general
adjustment
bureau
leake
university
cincinnati
hart
baker
chemical
laffey
northwest
airlines
app
one
questions
granted
certiorari
whether
appeals
erred
affirming
district
approval
settlement
jurisdictionally
barred
claims
reaching
decision
appeals
seventh
circuit
explicitly
declined
follow
mcarthur
southern
airways
en
banc
air
line
stewards
stewardesses
assn
twa
mcarthur
appeals
fifth
circuit
reversed
approval
settlement
agreement
title
vii
class
action
holding
district
lacked
jurisdiction
plaintiff
filed
timely
charge
discrimination
eeoc
holding
timely
filing
eeoc
jurisdictional
prerequisite
issue
need
resolved
title
example
reads
district
place
subject
jurisdiction
shall
jurisdiction
actions
brought
subchapter
action
may
brought
judicial
district
state
unlawful
employment
practice
alleged
committed
judicial
district
employment
records
relevant
practice
maintained
administered
judicial
district
aggrieved
person
worked
alleged
unlawful
employment
practice
respondent
found
within
district
action
may
brought
within
judicial
district
respondent
principal
office
section
amended
version
filing
provision
reads
simply
charge
section
shall
filed
within
one
hundred
eighty
days
alleged
unlawful
employment
practice
occurred
senate
labor
committee
analysis
amendments
explained
subsection
permit
limitation
period
similar
contained
relations
act
amended
recognized
national
labor
relations
act
model
title
vii
remedial
provisons
teamsters
time
requirement
filing
unfair
labor
practice
charge
national
labor
relations
act
operates
statute
limitations
subject
recognized
equitable
doctrines
restriction
jurisdiction
national
labor
relations
board
see
nlrb
local
laborers
union
shumate
nlrb
nlrb
nettleton
nlrb
itasca
cotton
mfg
time
limitations
title
vii
treated
likewise
moreover
congress
revised
filing
requirement
age
discrimination
employment
act
stat
et
seq
ed
supp
modeled
title
vii
see
oscar
mayer
evans
house
conference
report
explicitly
stated
charge
requirement
jurisdictional
prerequisite
maintaining
action
adea
therefore
equitable
modification
failing
file
within
time
period
available
plaintiffs
act
conf
appeals
fifth
circuit
points
opinion
coke
supra
references
filing
requirement
statute
limitations
come
dominate
opinions
trend
cases
also
significant
early
cases
dicta
referred
time
provisions
using
label
jurisdictional
prerequisite
mcdonnell
douglas
green
alexander
robbins
myers
decision
jurisdictional
label
used
numerous
references
tolling
limitations
period
labels
obviously
referring
statute
limitations
opposed
subject
matter
jurisdiction
see
also
air
lines
evans
labels
used
late
nine
justices
concurred
opinions
containing
dicta
using
limitations
label
exclusion
jurisdictional
label
occidental
life
insurance
company
eeoc
air
lines
mcdonald
mohasco
silver
delaware
state
college
ricks
robbins
myers
also
held
expanded
limitations
period
enacted
amendments
retroactive
holding
presupposes
requirement
jurisdictional
moreover
reaching
conclusion
quoted
chase
securities
donaldson
ertainly
said
lifting
bar
statute
limitation
restore
remedy
lost
mere
lapse
time
per
se
offense
fourteenth
amendment
several
courts
appeals
read
robbins
myers
implicitly
approving
equitable
tolling
coke
general
adjustment
bureau
hart
baker
chemical
smith
american
president
lines
noting
union
teamsters
properly
remained
defendant
litigation
cited
federal
rule
civil
procedure
union
joined
rule
individuals
replaced
union
class
representatives
intervened
later
cf
eeoc
macmillan
bloedel
containers
joinder
rule
provides
union
full
opportunity
participate
litigation
formulation
proposed
relief
although
practical
matter
union
play
role
litigation
finds
violation
title
vii
justice
powell
chief
justice
justice
rehnquist
join
concurring
concurring
judgment
cases
arise
protracted
controversy
disposes
single
opinion
question
whether
timely
filing
eeoc
charge
jurisdictional
prerequisite
bringing
title
vii
suit
agree
timely
filing
jurisdictional
subject
waiver
estoppel
accordingly
join
parts
ii
opinion
join
judgment
concern
opinion
make
clear
timely
charge
well
violation
title
vii
prerequisite
disturbing
rights
bona
fide
seniority
system
protected
made
clear
air
lines
evans
case
discussed
opinion
nevertheless
concur
remand
settlement
agreement
approved
awarding
retroactive
seniority
standard
franks
bowman
transportation
case
litigation
since
view
complexity
difficult
certain
happened
believe
however
one
conclude
requirements
evans
met
noted
opinion
ante
district
order
finding
classwide
discrimination
final
district
also
entered
order
finding
timely
charges
filed
class
members
order
similarly
final
order
entered
october
three
days
entry
order
finding
classwide
discrimination
orders
consolidated
appeal
appeals
seventh
circuit
although
october
order
finding
discrimination
affirmed
appeals
vacated
order
holding
members
subclass
failed
meet
jurisdictional
requirements
title
vii
filed
timely
claims
district
order
ever
actually
vacated
motion
parties
appeals
stayed
mandate
parties
reached
settlement
today
reverses
portion
appeals
judgment
vacated
october
order
result
october
october
orders
finding
timely
charges
classwide
discrimination
final
therefore
concur
judgment
affirming
award
retroactive
seniority
standard
franks
bowman
transportation
franks
bowman
transportation
timely
charges
discrimination
filed
relief
awarded
theory
current
employees
merely
placed
position
enjoyed
relative
victims
discrimination
ever
taken
place
contrast
victims
discrimination
slept
rights
often
unfair
award
full
retroactive
seniority
expense
employees
may
accrued
present
seniority
good
faith
timely
charges
filed
district
consider
equities
determining
whether
award
seniority
presence
settlement
employer
plaintiffs
affect
balancing
equities
rule
employers
able
settle
title
vii
actions
part
bargaining
away
rights
current
employees
refers
air
lines
evans
twice
see
ante
references
terms
used
evans
describing
requirement
entirely
content
formalistic
resolution
timely
filing
issue
almost
years
litigation
neither
parties
courts
addressed
specifically
whether
failure
file
timely
charges
affect
balance
equities
awarding
seniority
rather
prolong
disruptive
litigation
may
well
best
interest
parties
approve
settlement
judgment
today