Equal Employment Opportunity Commission v. J.C. Penney Co., Inc.

BOGGS, Circuit Judge.

The Equal Employment Opportunity Commission (“EEOC”) charges J.C. Penney Company (“Penney”) with sex discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. The EEOC challenges the “head of household” provision of Penney’s medical and dental insurance plan, which permits a Penney employee to elect coverage for his or her spouse only if the spouse earns less than the employee. The district court granted partial summary judgment to Penney, 632 F.Supp. 871, holding that the “head of household” requirement could be challenged only…