Legal Opinion · Concurring in part, dissenting in part

Catherine M. BURWELL Et Al., Appellees, v. EASTERN AIR LINES, INC., Appellant

Court of Appeals for the Fourth Circuit

Decided August 29, 1980No. 78-1659Published

1Concurring in part, dissenting in partMurnaghan, Circuit Judge

With respect to the special provision causing a pregnant employee to lose seniority accrued as a flight attendant in the event of transfer to a position not directly related to flight attendant work, I am in complete agreement with the majority. Sickness and injury are exceptions but pregnancy is not. I fail to perceive any justifiable reason for according pregnant employees, necessarily all female, less favorable seniority treatment than that accorded any other employee who is obliged for reasons of physical condition temporarily to cease flight service. Nashville Gas Co. v. Satty, 434 U.S.…

2Cases cited12 opinions

  1. International Brotherhood of Teamsters v. United StatesSupreme Court of the United States · 1977
  2. Griggs v. Duke Power Co.Supreme Court of the United States · 1971
  3. Albemarle Paper Co. v. MoodySupreme Court of the United States · 1975
  4. General Electric Co. v. GilbertSupreme Court of the United States · 1976
  5. New York City Transit Authority v. BeazerSupreme Court of the United States · 1979

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