"[Tjransfering or refusing to transfer are both encompassed within the meaning of ‘employ.’ ”
How later courts described this case
- "[Tjransfering or refusing to transfer are both encompassed within the meaning of ‘employ.’ ”
- explaining that “a discharge from employment with all of its attendant difficulties is not irreparable injury”
- noting, in dicta, that “premature resort to the district court [for Title VII claims] should be discouraged as contrary to congressional intent”
- opining in dicta that “premature resort to the district court should be discouraged as contrary to congressional intent”
Written by the judges who cited it.
The opinion
•SUR PETITION FOR REHEARING
Before SEITZ, Chief Judge, GIBBONS, HUNTER, WEIS, GARTH and BECKER,
Circuit Judges, * and DUMBAULD, District Judge. **
BY THE COURT.
The petition for rehearing filed by the appellee in the above entitled case having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied.
Judges Aldisert, Adams, Higginbotham and SIoviter did not participate in the consideration of this matter.
The Honorable Edward Dumbauld, United States District Judge for the Western District of