Legal Opinion

Equal Employment Opportunity Commission v. Trailways, Inc.

District Court, D. Colorado

Decided November 13, 1981No. Civ. A. 80-W-1446PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

WINNER, Chief Judge.

This Title VII case was assigned to Judge Finesilver, but, because he was unable to finish a jury trial, at his request and with my consent the case was reassigned to me for trial. The issue is whether a “no beard” policy of Trailways violates Title VII.

The parties agree that this is a disparate impact case rather than a disparate treatment case. That being so, proof of a discriminatory motive or intent on the part of defendant is not necessary, and the test is whether the challenged practice has a discriminatory effect. Dothard v. Rawlinson, (1977) 433…

2Cases cited8 opinions

  1. Griggs v. Duke Power Co.Supreme Court of the United States · 1971
  2. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  3. Furnco Construction Corp. v. WatersSupreme Court of the United States · 1978
  4. Dothard v. RawlinsonSupreme Court of the United States · 1977
  5. Board of Trustees of Keene State College v. SweeneySupreme Court of the United States · 1978

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3Cited by6 opinions

  1. Lowell Staats Mining Co. v. Pioneer Uravan, Inc.District Court, D. Colorado · 1986
  2. Richardson v. Quik Trip Corp.District Court, S.D. Iowa · 1984
  3. Trailways Lines v. Trailways, Inc. Joint CouncilDistrict Court, E.D. Missouri · 1985
  4. Johnson v. Memphis Police DepartmentDistrict Court, W.D. Tennessee · 1989
  5. Bradley v. Pizzaco of Nebraska, Inc.Court of Appeals for the Eighth Circuit · 1991

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