northwest
airlines
transport
workers
argued
december
decided
april
class
action
brought
petitioner
airline
female
cabin
attendant
employee
petitioner
held
liable
class
female
employees
backpay
wage
differentials
male
female
cabin
attendants
collectively
bargained
respondent
unions
found
violate
equal
pay
act
title
vii
civil
rights
act
postjudgment
motions
claiming
contribution
unions
proportionate
part
liability
denied
untimely
petitioner
brought
separate
action
federal
district
seeking
contribution
district
interpreted
pleadings
contending
petitioner
either
implied
cause
action
contribution
unions
equal
pay
act
discriminating
class
employees
question
federal
right
contribution
unions
share
equal
pay
act
liability
petitioner
claim
reimbursement
title
vii
liability
based
solely
federal
right
contribution
dismissed
claim
contribution
based
petitioner
liability
equal
pay
act
denying
unions
motions
dismiss
held
federal
right
contribution
liability
imposed
title
vii
least
circumstances
reach
issues
right
facts
properly
developed
unions
petitioner
appealed
appeals
affirmed
dismissal
contribution
based
petitioner
liability
equal
pay
act
declined
reach
title
vii
issue
remanding
district
determination
unions
assertion
title
vii
contribution
claim
barred
laches
held
petitioner
neither
federal
statutory
federal
right
contribution
respondent
unions
pp
even
assumed
elements
typical
contribution
claim
established
case
policy
considerations
equal
pay
act
title
vii
favor
recognition
right
contribution
unions
bear
significant
responsibility
discriminatory
practices
statutes
designed
prohibit
circumstances
employer
may
person
aggrieved
union
conduct
remediable
title
vii
none
assumptions
provides
sufficient
basis
recognizing
right
contribution
asserted
petitioner
pp
language
neither
equal
pay
act
title
vii
statutes
expressly
directed
employers
supports
implication
right
contribution
favor
employers
unions
structure
legislative
histories
statutes
similarly
support
implied
right
pp
whatever
may
federal
power
fashion
remedies
areas
law
improper
add
federal
right
contribution
statutory
rights
congress
created
equal
pay
act
title
vii
cooper
stevedoring
fritz
kopke
distinguished
favorable
reaction
equitable
considerations
supporting
petitioner
contribution
claim
sufficient
reason
enlarging
remedial
provisions
contained
carefully
considered
statutes
cf
mohasco
silver
pp
stevens
delivered
opinion
members
joined
except
blackmun
took
part
consideration
decision
case
philip
lacovara
argued
cause
petitioner
briefs
jay
kelly
wright
gerald
goldman
stephen
moldof
argued
cause
respondents
filed
brief
respondent
air
line
pilots
association
international
asher
swartz
filed
brief
respondent
transport
workers
union
america
deputy
solicitor
general
wallace
argued
cause
et
al
amici
curiae
brief
solicitor
general
mccree
harlon
dalton
leroy
clark
albert
woll
laurence
gold
john
fillion
george
kaufmann
filed
brief
american
federation
labor
congress
industrial
organizations
et
al
amici
curiae
urging
affirmance
briefs
amici
curiae
filed
herbert
prashker
peyton
moss
eric
witkin
trans
world
airlines
winn
newman
carole
wilson
richard
sobol
michael
trister
international
union
electrical
radio
machine
workers
michael
gottesman
robert
weinberg
mary
laffey
et
al
justice
stevens
delivered
opinion
question
presented
case
whether
employer
held
liable
female
employees
backpay
collectively
bargained
wage
differentials
found
violate
equal
pay
act
title
vii
civil
rights
act
federal
statutory
right
contribution
unions
allegedly
bear
least
partial
responsibility
statutory
violations
relevant
facts
alleged
complaint
filed
petitioner
northwest
airlines
respondent
unions
transport
workers
union
america
twu
air
line
pilots
association
international
alpa
district
district
columbia
continuously
petitioner
paid
higher
wages
male
cabin
attendants
classified
pursers
female
cabin
attendants
classified
stewardesses
period
male
female
cabin
attendants
represented
union
twu
alpa
thereafter
wages
fixed
agreements
negotiated
executed
response
union
demands
mary
laffey
female
cabin
attendant
employed
petitioner
commenced
class
action
petitioner
challenging
legality
wage
differential
pursers
stewardesses
november
full
trial
district
issued
opinion
found
two
positions
required
equal
skill
effort
responsibility
performed
similar
working
conditions
accordingly
held
petitioner
violated
equal
pay
act
title
vii
civil
rights
act
entered
judgment
favor
plaintiff
class
laffey
northwest
airlines
supp
unless
judgment
reversed
modified
petitioner
required
pay
excess
million
backpay
damages
interest
members
laffey
plaintiff
class
entry
judgment
petitioner
filed
appropriate
motions
laffey
case
asserting
claims
contribution
indemnification
twu
alpa
motions
denied
untimely
appeals
affirmed
ruling
laffey
northwest
airlines
app
promptly
thereafter
petitioner
commenced
separate
action
complaint
prayed
union
adjudged
liable
pay
proportion
monetary
liability
finally
assessed
petitioner
laffey
litigation
unions
moved
dismiss
complaint
failure
state
claim
upon
relief
granted
district
interpreted
pleadings
petitioner
contended
implied
cause
action
unions
equal
pay
act
causing
discriminate
laffey
class
alternative
federal
right
contribution
unions
share
equal
pay
act
monetary
liability
petitioner
claim
reimbursement
title
vii
monetary
liability
based
solely
federal
right
contribution
app
pet
cert
district
held
equal
pay
act
clearly
enacted
special
benefit
employers
petitioner
rely
upon
implied
private
cause
action
contribution
statute
also
concluded
act
afford
employees
express
implied
right
action
unions
found
unions
employers
share
common
liability
employees
equal
pay
act
district
held
federal
right
contribution
liability
statute
district
reached
different
conclusion
respect
claim
contribution
petitioner
title
vii
monetary
liability
found
allegations
complaint
satisfied
two
principal
elements
right
contribution
common
liability
party
seeking
contribution
required
pay
share
award
answered
described
difficult
question
whether
right
contribution
federal
law
noting
modern
trend
decisions
favoring
contribution
finding
policy
statute
served
allowing
contribution
assuming
without
deciding
contribution
might
denied
intentional
wrong
denied
unions
motions
dismiss
holding
federal
common
law
right
contribution
monetary
liability
imposed
title
vii
least
circumstances
reach
questions
precise
parameters
right
pertinent
facts
developed
properly
placed
unions
took
interlocutory
appeal
title
vii
holding
petitioner
appealed
equal
pay
act
holding
appeals
affirmed
dismissal
claim
contribution
based
petitioner
liability
equal
pay
act
reasoning
claim
inconsistent
statutory
scheme
prescribing
three
three
modes
enforcement
however
appeals
declined
reach
title
vii
issue
noting
appeal
unions
asserted
first
time
petitioner
title
vii
contribution
claim
barred
laches
remanded
district
instructions
determine
laches
question
explaining
might
thereby
become
unnecessary
decide
hard
question
concerning
contribution
title
vii
liability
app
unlike
appeals
think
basic
legal
questions
raised
motions
dismiss
petitioner
contribution
claims
ripe
decision
importance
questions
led
us
grant
certiorari
first
put
one
side
certain
questions
need
address
shall
discuss
two
quite
different
theories
might
support
petitioner
claimed
right
contribution
common
law
right
contribution
among
joint
tortfeasors
american
jurisdictions
however
rule
changed
either
statute
judicial
decision
typically
right
contribution
recognized
two
persons
liable
plaintiff
injury
one
joint
tortfeasors
paid
fair
share
common
liability
recognition
right
reflects
view
two
persons
share
responsibility
wrong
inequitable
require
one
pay
entire
cost
reparation
sound
policy
deter
wrongdoers
reducing
likelihood
entirely
escape
liability
case
assume
elements
typical
contribution
claim
established
means
assume
plaintiffs
laffey
litigation
recovered
either
union
employer
equal
pay
act
title
vii
unfair
require
petitioner
pay
entire
judgment
furthermore
although
adversaries
disagree
respect
whether
recognition
right
contribution
undermine
advance
policies
equal
pay
act
title
vii
indeed
equal
employment
opportunity
commission
staunchly
argued
sides
policy
question
different
stages
litigation
assume
policy
considerations
favor
recognition
right
argued
petitioner
assume
respondent
unions
case
well
unions
industries
bear
significant
responsibility
discriminatory
practices
statutes
designed
prohibit
finally
assume
circumstances
employer
may
person
aggrieved
union
conduct
remediable
timely
charge
filed
union
title
vii
none
assumptions
however
provides
sufficient
basis
recognizing
right
petitioner
asserting
proceeding
right
may
created
either
two
ways
first
may
created
statute
congress
enacted
equal
pay
act
title
vii
even
though
congress
expressly
create
contribution
remedy
intent
may
fairly
inferred
either
statutes
implied
cause
action
contribution
recognized
basis
analysis
used
cases
cort
ash
cannon
university
chicago
universities
research
coutu
second
cause
action
contribution
may
become
part
federal
common
law
exercise
judicial
power
fashion
appropriate
remedies
unlawful
conduct
see
kohr
allegheny
airlines
cert
denied
somewhat
different
reasons
reject
theories
ii
determining
whether
federal
statute
expressly
provide
particular
private
right
action
nonetheless
implicitly
created
right
task
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construction
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touche
ross
redington
ultimate
question
cases
whether
congress
intended
create
private
remedy
example
right
contribution
plaintiff
seeks
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see
transamerica
mortgage
advisors
lewis
universities
research
supra
factors
relevant
inquiry
language
statute
legislative
history
underlying
purpose
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statutory
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matters
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reiter
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equal
pay
act
title
vii
expressly
creates
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favor
employers
omission
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significant
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among
things
language
statutes
indicates
enacted
special
benefit
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member
see
cannon
supra
however
district
correctly
perceived
possibly
said
employers
members
class
whose
especial
benefit
either
equal
pay
act
title
vii
enacted
app
pet
cert
contrary
statutes
expressly
directed
employers
congress
intended
statutes
regulate
conduct
benefit
employees
light
fact
petitioner
scarcely
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claim
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considered
need
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industries
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provisions
statute
arguably
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protection
employers
result
follows
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construed
favorably
petitioner
provide
basis
implying
remedy
harm
employer
caused
union
wrongdoing
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violation
employer
rights
entirely
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union
share
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violation
third
party
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clearly
language
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supports
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favor
employers
unions
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similarly
counsels
recognition
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petitioner
advocates
case
equal
pay
act
title
vii
establish
comprehensive
programs
designed
eliminate
certain
varieties
employment
discrimination
statutes
make
express
provision
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enforcement
certain
carefully
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circumstances
provide
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government
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character
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expressly
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evidences
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judges
amend
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schemes
adding
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remedy
authorized
congress
finally
conclude
legislative
histories
equal
pay
act
title
vii
provide
support
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position
parties
recognize
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history
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contains
reference
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cases
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create
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employers
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pay
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title
vii
accordingly
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right
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iii
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late
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law
fashioned
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judiciary
tradition
remains
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courts
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broadly
worded
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tradition
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law
cases
raising
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therefore
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common
law
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jersey
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york
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lawmaking
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judiciary
found
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jurisdiction
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courts
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maritime
law
see
fitzgerald
lines
congress
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left
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law
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kopke
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shipowner
may
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lower
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discriminating
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comprehensive
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integrated
system
procedures
enforcement
equal
pay
act
title
vii
civil
rights
act
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judiciary
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fashion
new
remedies
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term
mohasco
silver
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consider
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title
vii
care
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created
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pay
act
title
vii
judgment
appeals
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scheuer
rhodes
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action
see
laffey
northwest
airlines
supp
aff
part
vacated
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part
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cert
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attendants
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association
international
became
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see
laffey
northwest
airlines
prior
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employed
petitioner
females
classified
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ibid
claims
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unions
although
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party
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rule
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laffey
northwest
airlines
app
plaintiffs
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stated
consider
alpa
responsible
alleged
discrimination
petitioner
oppose
alpa
participation
nonaligned
party
shortly
thereafter
district
entered
order
detailing
remedial
steps
including
payment
backpay
petitioner
take
rectify
past
discrimination
laffey
northwest
airlines
supp
opinion
district
present
case
indicates
petitioner
monetary
liability
result
laffey
litigation
estimated
app
pet
cert
petitioner
asserts
monetary
liability
presently
calculated
approximately
million
brief
petitioner
petitioner
moved
amend
answer
include
request
alpa
realigned
defendant
assert
contribution
indemnification
alpa
equal
pay
act
title
vii
monetary
liability
assessed
petitioner
claim
damages
equal
pay
act
allegedly
causing
petitioner
violation
petitioner
also
moved
leave
file
complaint
twu
asserting
similar
claims
lower
federal
courts
considered
question
whether
employers
may
seek
contribution
unions
monetary
liability
equal
pay
act
concluded
right
implicit
statute
available
federal
common
law
see
denicola
murphy
eeoc
ferris
state
college
supp
wd
marshall
tombs
janitorial
service
cch
lc
wd
mo
usery
beloit
college
epd
wd
brennan
emerald
renovators
supp
sdny
see
love
temple
university
supp
ed
wirtz
hayes
industries
epd
nd
ohio
district
explained
difficult
question
whether
right
contribution
federal
law
traditional
american
rule
originating
english
case
merryweather
nixan
right
contribution
joint
tortfeasors
rule
abrogated
principally
statute
although
jurisdictions
including
district
columbia
done
decisional
law
state
law
initially
right
contribution
federal
law
absent
legislation
union
stock
yards
chicago
however
modern
trend
evidenced
cases
kohr
allegheny
airlines
cir
cert
denied
recognize
right
contribution
federal
law
gould
steamship
company
supp
del
vacated
grounds
cir
federal
courts
come
realize
policy
considerations
upon
traditional
rule
built
archaic
lead
inequities
indeed
extensive
body
law
evidencing
significant
trend
toward
fashioning
federal
common
law
right
contribution
concerns
contribution
back
pay
awarded
title
vii
app
pet
cert
footnotes
omitted
weight
authority
lower
federal
courts
supports
district
conclusion
right
contribution
available
employers
found
liable
backpay
title
vii
see
glus
murphy
cert
pending
stevenson
international
paper
supp
wd
la
international
union
electrical
radio
machine
workers
westinghouse
electric
wdny
grogg
general
motors
sdny
lynch
sperry
rand
sdny
gilbert
general
electric
ed
osborne
mccall
printing
fep
cases
sd
ohio
torockio
chamberlain
mfg
wd
blanton
southern
bell
telephone
telegraph
nd
bowe
supp
sd
ind
aff
part
rev
part
see
younger
glamorgan
pipe
foundry
supp
wd
vacated
grounds
harden
illinois
bell
telephone
nd
apr
cf
communication
workers
america
illinois
bell
telephone
epd
nd
district
entered
appropriate
order
appeals
allowed
interlocutory
appeal
district
made
findings
required
rule
federal
rules
civil
procedure
appeals
described
statutory
scheme
detail
improbable
employee
ever
implied
cause
action
equal
pay
act
union
statutory
scheme
envisions
three
modes
enforcement
imply
fourth
inconsistent
intent
evidenced
existing
three
first
section
title
code
person
wilfully
violates
act
may
subject
criminal
penalties
section
secretary
labor
may
bring
suit
recover
money
owing
employee
employees
finally
section
title
permits
suits
employees
employer
violates
act
statutory
scheme
enforcement
comprehensive
omission
insulates
unions
suits
employees
statutory
protection
certainly
frustrated
declaration
employer
recover
union
employer
found
liable
employees
course
need
definitely
resolve
issue
employee
right
sue
union
act
hold
likelihood
implication
right
sufficiently
remote
preclude
creation
cause
action
union
contribution
indemnification
cause
action
reality
create
liability
part
union
benefit
employees
congress
intend
protect
manner
app
omitted
discussion
implied
right
action
federal
theories
indicate
see
parts
ii
iii
infra
find
legal
questions
presented
equal
pay
act
title
vii
contribution
claims
analysis
applicable
claims
address
title
vii
question
despite
appeals
decision
avoid
consideration
question
merits
see
minnesota
clover
leaf
creamery
new
york
city
transit
authority
beazer
noted
reasons
avoiding
unnecessary
premature
decision
constitutional
questions
necessarily
applicable
decision
statutory
questions
interpretation
statute
misapprehends
actual
intent
congress
proved
experience
unwise
remedial
legislation
promptly
enacted
rule
common
law
generally
traced
merryweather
nixan
term
eng
however
scholars
persuasively
argued
merryweather
read
establish
general
rule
prohibiting
contribution
among
joint
tortfeasors
rather
interpret
merryweather
announce
rule
barring
contribution
cases
intentional
wrongdoing
see
prosser
law
torts
pp
ed
sullivan
new
perspectives
antitrust
litigation
towards
right
comparative
contribution
law
forum
nevertheless
american
courts
understood
merryweather
general
proscription
contribution
common
law
country
traditionally
prohibited
contribution
among
joint
tortfeasors
cases
see
union
stock
yards
chicago
district
columbia
recognize
extent
right
contribution
among
joint
tortfeasors
jurisdictions
rule
initially
changed
judicial
action
see
george
radio
capital
transit
app
skinner
div
package
machinery
best
yerkes
iowa
quatray
wicker
la
bedell
reagan
underwriters
lloyds
smith
royal
indemnity
aetna
casualty
surety
neb
goldman
davis
broad
street
garage
ellis
chicago
four
later
adopted
contribution
statutes
see
la
civ
code
arts
west
stat
tit
purdon
supp
code
ann
supp
stat
remaining
relied
upon
legislative
action
change
rule
see
alaska
stat
ann
ark
stat
ann
cal
civ
proc
code
ann
west
supp
rev
stat
supp
del
code
tit
stat
supp
code
haw
rev
stat
idaho
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stat
ann
rev
stat
md
ann
code
art
mass
laws
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west
supp
comp
laws
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miss
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ann
mo
rev
stat
rev
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stat
ann
west
stat
ann
civ
prac
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stat
cent
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tex
rev
civ
stat
art
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supp
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code
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code
supp
code
wyo
stat
see
restatement
second
torts
prosser
supra
see
judson
peoples
bank
trust
prosser
supra
implicit
assumption
two
important
assumptions
first
assume
alleged
complaint
unions
fact
least
partially
responsible
equal
pay
act
title
vii
violations
established
laffey
litigation
second
assume
laffey
plaintiffs
chosen
asserted
claim
monetary
relief
unions
equal
pay
act
title
vii
title
vii
expressly
provides
private
actions
see
however
equal
pay
act
expressly
create
right
action
lower
federal
courts
generally
refused
find
act
implicitly
created
right
see
tuma
american
supp
nj
cf
hodgson
sagner
supp
md
aff
appeals
case
relied
upon
uncertain
availability
remedy
equal
pay
act
basis
rejecting
petitioner
claim
contribution
app
availability
implied
remedy
however
relevant
primarily
question
whether
elements
contribution
claim
established
right
contribution
exists
irrelevant
elements
traditional
contribution
claim
may
may
established
case
conclude
right
contribution
exists
either
statute
federal
common
law
need
decide
whether
elements
contribution
claim
established
case
therefore
need
decide
question
whether
employees
implied
right
action
backpay
unions
violations
equal
pay
act
eeoc
filed
brief
amicus
curiae
appeals
arguing
follows
recognizing
right
contribution
title
vii
liability
person
named
eeoc
charge
fully
consistent
substantive
remedial
policies
statute
permitting
party
assert
contribution
claim
another
violated
title
person
named
charge
inadvert
nce
design
manifestly
serves
primary
prophylactic
purpose
title
vii
inferred
claims
contribution
constitute
exception
policy
necessary
inconsistency
statutory
scheme
title
vii
assertion
right
contribution
title
vii
liability
employer
seeking
contribution
asserting
injured
conduct
unlawful
statute
rather
asserting
equitable
claim
reimbursement
enforced
common
law
another
wrongdoer
shares
common
liability
brief
eeoc
amicus
curiae
cadc
pp
contribution
undermine
policies
interfere
enforcement
equal
pay
act
somewhat
different
reasons
contribution
undermine
policies
interfere
enforcement
title
vii
brief
eeoc
amici
curiae
see
steelworkers
weber
note
union
liability
employer
discrimination
harv
rev
federal
courts
recognized
right
contribution
title
vii
divided
respect
whether
right
may
asserted
union
named
charge
filed
eeoc
compare
osborne
mccall
printing
fep
cases
sd
ohio
blanton
southern
bell
telephone
telegraph
nd
torockio
chamberlain
mfg
wd
stevenson
international
paper
supp
wd
la
bowe
cf
gilbert
general
electric
ed
congress
expressly
provided
contribution
among
joint
wrongdoers
securities
act
see
securities
exchange
act
see
thus
least
instances
congress
wanted
provide
right
contribution
expressly
number
federal
courts
recognized
implied
right
contribution
securities
laws
underlying
liability
resulted
implied
private
right
action
courts
reasoned
congress
expressly
created
right
contribution
correspond
certain
express
civil
remedies
contribution
also
permitted
liability
based
implied
civil
remedy
see
heizer
ross
globus
law
research
service
supp
sdny
aff
cert
denied
whatever
merit
reasoning
question
address
decisions
provide
support
petitioner
case
appeals
rejected
district
literal
application
first
cort
ash
factor
finding
inappropriate
evaluation
contribution
claim
app
rather
focusing
rights
conferred
upon
employers
equal
pay
act
reasoned
proper
inquiry
determine
whether
employees
bring
suit
unions
statute
viewed
light
first
cort
factor
easily
satisfied
case
employees
clearly
within
class
whose
especial
benefit
equal
pay
act
enacted
app
however
analysis
confuses
question
whether
elements
contribution
claim
particular
common
liability
established
given
case
question
whether
congress
intended
contribution
available
circumstances
see
supra
appeals
erred
case
failed
focus
whether
party
seeking
invoke
implied
remedy
member
class
congress
intended
benefit
indeed
inasmuch
petitioner
found
guilty
laffey
litigation
discrimination
violation
statutes
member
precise
class
congress
intended
regulate
section
equal
pay
act
provides
labor
organization
agents
representing
employees
employer
employees
subject
provisions
section
shall
cause
attempt
cause
employer
discriminate
employee
violation
paragraph
subsection
shall
unlawful
employment
practice
labor
organization
cause
attempt
cause
employer
discriminate
individual
violation
section
broad
power
fashion
relief
respondents
named
properly
filed
charge
course
issue
litigation
since
charge
filed
either
respondent
unions
see
glus
murphy
sloviter
dissenting
frequently
stated
principle
statutory
construction
legislation
expressly
provides
particular
remedy
remedies
courts
expand
coverage
statute
subsume
remedies
national
railroad
passenger
national
association
railroad
passengers
principle
statutory
construction
applies
full
force
case
see
also
transamerica
mortgage
advisors
lewis
case
neither
statute
legislative
history
reveals
congressional
intent
create
private
right
action
benefit
plaintiff
need
carry
cort
ash
inquiry
see
universities
research
coutu
touche
ross
redington
brennan
concurring
see
clearfield
trust
miree
dekalb
county
standard
oil
see
illinois
milwaukee
kansas
colorado
hinderlider
la
plata
river
cherry
creek
ditch
thus
congress
addresses
subject
even
subject
previously
governed
federal
common
law
justification
lawmaking
federal
courts
greatly
diminished
thereafter
task
federal
courts
interpret
apply
statutory
law
create
common
law
see
illinois
milwaukee
supra
arizona
california
analogous
situation
presented
labor
management
relations
act
textile
workers
lincoln
mills
concluded
supplied
basis
federal
jurisdiction
certain
cases
authorization
judicial
development
substantive
federal
law
govern
cases
see
edmonds
mobil
oil
higginbotham
halcyon
lines
haenn
ship
cooper
stevedoring
fritz
kopke
see
glus
murphy
professional
beauty
supply
national
beauty
supply
cohen
ustc
ed
course
federal
courts
including
recognized
right
contribution
state
law
cases
state
law
supplied
appropriate
rule
decision
see
yellow
cab
gomes
brodhurst
cases
inapposite
emphasized
cooper
stevedoring
tradition
division
damages
unique
admiralty
rejected
common
law
halcyon
lines
supra
demonstrates
even
admiralty
decline
fashion
new
remedies
possibility
may
interfere
legislative
program
see
cooper
stevedoring
supra
equitable
considerations
advanced
petitioner
properly
addressed
congress
federal
courts
congress
best
able
evaluate
policy
considerations
claim
asserted
though
product
law
congress
passed
matter
congress
taken
position
presents
questions
policy
congress
spoken
selection
policy
advantageous
whole
involves
host
considerations
must
weighed
appraised
function
appropriately
write
laws
rather
interpret
gilman
presently
pending
us
case
presenting
question
whether
contribution
available
federal
antitrust
laws
texas
industries
radcliff
materials
although
question
analogous
question
addressed
case
note
texas
industries
involves
substantially
different
statutory
scheme
antitrust
federal
courts
enjoy
flexibility
act
courts
areas
governed
federal
statute
see
national
society
professional
engineers