Legal Opinion
Usery v. Tamiami Trail Tours, Inc.
Court of Appeals for the Fifth Circuit
Decided May 5, 1976No. 72-2373PublishedCited by 159 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
We are asked to review the lower court’s determination that appellee’s (Tamiami) policy of refusing to consider applications of individuals between the ages of 40 and 65 for initial employment as intercity bus drivers is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of its business. Typically statutory, the words “reasonably necessary to the normal operation of its business,” are not normally of the variety that suggest hand-wringing, earth-shaking, heart-rendering decisions of great moment. Words can be deceiving though,…
2Cases cited9 opinions
- Griggs v. Duke Power Co.Supreme Court of the United States · 1971
- Udall v. TallmanSupreme Court of the United States · 1965
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969
- Mrs. Lorena W. Weeks v. Southern Bell Telephone & Telegraph Company, Southern Bell Telephone & Telegraph Company v. Mrs. Lorena W. WeeksCourt of Appeals for the Fifth Circuit · 1969
- Celio DIAZ, Jr., Plaintiff-Appellant, v. PAN AMERICAN WORLD AIRWAYS, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1971
4 more not listed; retrieve them via the Exa API.
3Cited by159 opinions
- International Union, United Automobile, Aerospace & Agricultural Implement v. Johnson Controls, Inc.Supreme Court of the United States · 1991
- Lusardi v. Xerox Corp.District Court, D. New Jersey · 1987
- Western Air Lines, Inc. v. CriswellSupreme Court of the United States · 1985
- Williams v. General Motors Corp.Court of Appeals for the Fifth Circuit · 1981
- Daniel J. GATELY, Et Al., Plaintiffs, Appellees, v. COMMONWEALTH OF MASSACHUSETTS, Et Al., Defendants, AppellantsCourt of Appeals for the First Circuit · 1993
154 more not listed; retrieve them via the Exa API.