PAN AMERICAN WORLD AIRWAYS, INC., ET AL.
v.
COOK ET AL.
Justice White,
with whom Justice O’Connor joins,
dissenting.
This petition presents the issue whether an integrated employee seniority list that was adopted by an airline pursuant to a merger plan that the Civil Aeronautics Board (CAB) approved as “fair and equitable” can be attacked collaterally by the airline’s employees in an action under the Age Discrimination in Employment Act (ADEA), 29 U. S. C. § 621 et seq. The United States Court of Appeals for the Second Circuit held that respondents are entitled to bring such a collateral ADEA action. 771 F. 2d 635 (1985). This decision squarely conflicts with Carey v. O’Donnell, 165 U. S. App. D. C. 46, 506 F. 2d 107 (1974), cert. denied, 419 U. S. 1110 (1975). Carey holds that § 1006 of the Federal Aviation Act, 49 U. S. C. App. § 1486, which vests exclusive jurisdiction in the United States Court of Appeals for the District of Columbia Circuit to review CAB orders, precludes a collateral ADEA action of the type allowed by the Second Circuit in the present case. I would grant certiorari to resolve this conflict.
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Lorance v. AT&T Techs., Inc., 490 U.S. 900 (U.S. 1989)…egins to run in a lawsuit arising out of a seniority system not alleged to be discriminatory on its face or as presently applied. Compare, e. g., case below with Cook v. Pan American [*904] World Airways, 771 F. 2d 635, 646 (CA2 1985), cert. denied, 474 U. S. 1109 (1986). Section 706(e) of Title VII of the Civil Rights Act of 1964, 78 Stat. 260, as amended, provides that “[a] charge . . . shall be filed [with the EEOC] within [the applicable period] after the alleged unlawful employment practice occurred.” 4…
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Butts v. The City OF NEW York Dep't OF Hous. Pres. & Dev., 990 F.2d 1397 (2d Cir. 1993)…ies only where discrimination is accomplished through a specific official policy or mechanism, which is not alleged here. See, e.g., Cook v. Pan American World Airways, Inc., 771 F. 2d 635 (2d Cir.1985) (discriminatory seniority list), cert. denied, 474 U.S. 1109, 106 S.Ct. 895, 88 L.Ed.2d 929 (1986); Association Against Discrimination in Employment, Inc. v. Bridgeport, 647 F. 2d 256 (2d Cir.1981) (discriminatory fire department tests), cert. denied, 455 U.S. 988, 102 S.Ct. 1611, 71 L.Ed.2d 847 (1982). We t…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Carey v. O'Donnell, 419 U.S. 1110 (U.S. 1975)
- Placid Oil Co. v. Louisiana, 419 U.S. 1110 (U.S. 1975)
- Carey v. J. J. O'Donnell (President of Air Line Pilots Association), 506 F.2d 107 (D.C. Cir. 1974)
- Cook v. PAN Am. World Airways, Inc., 771 F.2d 635 (2d Cir. 1985)