Opinion

Felippa C. FIELDS, Plaintiff-Appellee, v. William F. BOLGER, Postmaster General, United States Postal Service, Defendant-Appellant

  • 723 F.2d 1216
  • 33 Empl. Prac. Dec. (CCH) 34,047
  • 33 Fair Empl. Prac. Cas. (BNA) 1109
  • 1984 U.S. App. LEXIS 26651
Court
Court of Appeals for the Sixth Circuit
Filed
Jan 6, 1984
Status
Published
Author
Engel
On the bench
Engel, Wellford, Weick
Cited by
26 cases

noting that the PDA “was intended to be prospective only in application”

How later courts described this case

  • noting that the PDA “was intended to be prospective only in application”
  • holding that the PDA "was intended to be prospective only in application”
  • recognizing that the PDA intended to be applied prospectively only
  • reviewing the "ultimate issue" rather than the prima facie showing

Written by the judges who cited it.

The opinion

ENGEL, Circuit Judge,

dissenting.

I agree with the majority here that the issues in this sex discrimination case are essentially factual and subject to the clearly erroneous rule. I disagree, however, that application of the rule compels reversal. In my opinion, the correspondence from Dr. Atherton, and the exchange of correspon *1221 dence between Dr. Wiener and the Postal Service occurring between February 10, 1978 and March 21, 1978, taken with the other testimony in the case, sufficiently supports the trial judge’s finding of discrimination. The evidence also supports his conclusion that the proffered nondiscriminatory reasons for placing plaintiff on involuntary pregnancy leave were pretextual.

I would affirm.

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.