Legal Opinion

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. CBS, INC., Defendant-Appellant

Court of Appeals for the Second Circuit

Decided August 28, 1984No. 1295, Docket 84-6063PublishedCited by 22 opinions

1Opinion of the Court

GEORGE C. PRATT, Circuit Judge.

This appeal presents a narrow but important question of first impression in this circuit:

Does the presence of a one-house veto clause in the Reorganization Act of 1977 invalidate the authority of the Equal Employment Opportunity Commission (EEOC), transferred to it by Reorganization Plan No. 1 of 1978, to enforce the Age Discrimination in Employment Act (ADEA)?

Judge Sprizzo below held that, although the legislative veto clause in question is unconstitutional in light of the Supreme Court’s decision in Immigration and Naturalization Service v. Chadha, 462 U.S.…

2Cases cited16 opinions

  1. Buckley v. ValeoSupreme Court of the United States · 1976
  2. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  3. Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
  4. Immigration & Naturalization Service v. ChadhaSupreme Court of the United States · 1983
  5. Greene v. McElroySupreme Court of the United States · 1959

11 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Guidry v. Sheet Metal Workers International Ass'n, Local No. 9Court of Appeals for the Tenth Circuit · 1993
  2. Lewis v. GrossDistrict Court, E.D. New York · 1986
  3. Mille Lacs Band of Chippewa Indians v. MinnesotaCourt of Appeals for the Eighth Circuit · 1997
  4. Alan Guttmacher Institute v. McPhersonDistrict Court, S.D. New York · 1984
  5. Alaska Airlines, Inc. v. DonovanCourt of Appeals for the D.C. Circuit · 1985

17 more not listed; retrieve them via the Exa API.

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