Legal Opinion

Cora Lee EAST, Plaintiff-Appellant, v. ROMINE, INCORPORATED, Defendant-Appellee

Court of Appeals for the Fifth Circuit

Decided September 2, 1975No. 74-2332PublishedCited by 144 opinions

1Opinion of the Court

GOLDBERG, Circuit Judge:

This Title VII case presents a nigh diurnal problem for the judiciary. Is a refusal to hire an act of sex discrimination or a permissible decision based on the work-related merits of the individual? This question has formed the chorus for many productions in many seasons of the legal opera. The familiar refrain forms the theme for this work too — and the crescendo reverberates: “The antagonist has not shown that his refusal to hire is work-related.” This compelling melodic line causes us to commission a new work in the district court — addressed to the same human…

2Cases cited17 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Baumgartner v. United StatesSupreme Court of the United States · 1944
  4. 5 Fair empl.prac.cas. 587, 5 Empl. Prac. Dec. P 8460 United States of America v. Georgia Power Company, Charles King v. Georgia Power CompanyCourt of Appeals for the Fifth Circuit · 1973
  5. Mrs. Roger McMillan REEB, Plaintiff-Appellant, v. ECONOMIC OPPORTUNITY ATLANTA, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1975

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3Cited by144 opinions

  1. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  2. Pullman-Standard v. SwintSupreme Court of the United States · 1982
  3. Wrenn v. GouldCourt of Appeals for the Sixth Circuit · 1987
  4. 22 Fair empl.prac.cas. 819, 22 Empl. Prac. Dec. P 30,831 James E. Crawford v. Western Electric Company, Inc.Court of Appeals for the Fifth Circuit · 1980
  5. Robert FLOWERS, Plaintiff-Appellant, v. CROUCH-WALKER CORPORATION, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1977

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