Opinion

Jurinko v. Edwin L. Wiegand Co.

  • 477 F.2d 1038
  • 6 Empl. Prac. Dec. (CCH) 8843
  • 17 Fed. R. Serv. 2d 234
  • 5 Fair Empl. Prac. Cas. (BNA) 925
  • 1973 U.S. App. LEXIS 10463
Court
Court of Appeals for the Third Circuit
Filed
Apr 17, 1973
Status
Published
Author
Gibbons
On the bench
Biggs, Gibbons
Cited by
64 cases

Vacated on other grounds by Edwin L. Wiegand Co. v. Jurinko, 414 U.S. 970 (1973)

"An appellate court may uphold a judgment on any theory which finds support in the record."

How later courts described this case

  • "An appellate court may uphold a judgment on any theory which finds support in the record."

Written by the judges who cited it.

The opinion

GIBBONS, Circuit Judge

(concurring).

I agree with the analysis of the issues in this case set forth in Judge Biggs’ opinion with one exception which in no way affects the outcome. It seems to me that the admitted policy of discrimination against married women, which antedated the enactment of 42 U.S.C. § 2000e-2 and which never operated against married men, together with the evidence establishing that a discriminatory policy continued to operate against the appellants who are married women after the passage of the Act, sufficiently establish that these married women were discriminated against on the basis of their sex. Thus, I do not agree that we must decide the cases on a theory different from that relied on by the district court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.