Case: Harriss v. Pan American World Airways, Inc.

3:74-cv-01884 | U.S. District Court for the Central District of California

Filed Date: Aug. 20, 1973

Closed Date: Dec. 23, 1980

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Case Summary

Female employees of Pan American World Airways, Inc. brought this suit on August 20, 1973, in the Central District of California under Title VII of the Civil Rights Act of 1964. They alleged that Pan Am had engaged in sex discrimination. Specifically, the named female employees claimed that when they became pregnant, Pan Am required them to take a pregnancy leave during a specific period and denied them employment benefits and seniority during their leave. The plaintiffs sought class certifica…
Female employees of Pan American World Airways, Inc. brought this suit on August 20, 1973, in the Central District of California under Title VII of the Civil Rights Act of 1964. They alleged that Pan Am had engaged in sex discrimination. Specifically, the named female employees claimed that when they became pregnant, Pan Am required them to take a pregnancy leave during a specific period and denied them employment benefits and seniority during their leave. The plaintiffs sought class certification, which was granted on January 24, 1977 by Judge William Schwarzer as to all female flight attendants who were employed by Pan Am after October 24, 1972. Harriss v. Pan American World Airways, Inc., 74 F.R.D. 24 (C.D. Cal. 1977). The case proceeded to trial, after which the District Court held that Pan Am's policies requiring commencement of leave upon pregnancy (Stop Policy) and continuation of leave for sixty days after birth (Start Policy) constituted prima facie sex discrimination but that both policies were justified as business necessities and bona fide occupational qualifications. The district court held that neither the seniority policy nor the sick leave policy constituted a prima facie violation. Harriss v. Pan American World Airways, Inc., 437 F.Supp. 413 (N.D. Cal. 1977), supplemented in 441 F.Supp. 881 (N.D. Cal. 1977)The class action plaintiffs did not appeal the district court's sick leave holding but did appeal the violation of the Stop and Start Policies and the Seniority Policy to the Ninth Circuit. In 1980, the Court of Appeals (Farris, J.) agreed with the District Court that the Stop Policy, although prima facie sex discrimination, was justified by safety considerations. It remanded for additional fact-finding on the Start Policy. It also held that the Seniority Policy constituted prima facie sex discrimination and instructed the district court to determine whether Pan Am established that its policy was justified as either a business necessity or a bona fide occupation qualification. Harriss v. Pan American World Airways, Inc., 649 F.2d 670 (9th Cir. 1980). Judge Schroeder dissented, and would have held all three policies in violation of Title VII.The outcome of this action on remand is unknown.

Summary Authors

Clearinghouse (4/15/2013)

People

Judge(s)
Attorney for Plaintiff

Chandler, Jo Ann (California)

Davis, Nancy L. (California)

Attorney for Defendant

Barron, George J. (California)

Beeson, Duane B. (California)

Diedrich, William L. (California)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

3:74-cv-01884

72-00838

76-00512

74-01270

76-00079

74-02558

74-00224

Harriss v. Pan American World Airways, Inc.

U.S. District Court for the Northern District of California

Jan. 24, 1977

Jan. 24, 1977

Order/Opinion

74 F.R.D. 24

3:74-cv-01884

Memorandum and Decision of the Facts

HARRISS V. PAN AMERICAN WORLD AIRWAYS, INC.

U.S. District Court for the Northern District of California

Sept. 2, 1977

Sept. 2, 1977

Order/Opinion

437 F.Supp. 413

3:74-cv-01884

SUPPLEMENTAL MEMORANDUM OF DECISION

HARRISS V. PAN AMERICAN WORLD AIRWAYS, INC.

U.S. District Court for the Northern District of California

Dec. 19, 1977

Dec. 19, 1977

Order/Opinion

441 F.Supp. 881

78-01214

Opinion

HARRISS V. PAN AMERICAN WORLD AIRWAYS, INC.

U.S. Court of Appeals for the Ninth Circuit

Dec. 23, 1980

Dec. 23, 1980

Order/Opinion

649 F.2d 670

Docket

Last updated April 2, 2024, 3:10 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Key Dates

Filing Date: Aug. 20, 1973

Closing Date: Dec. 23, 1980

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Female flight attendants employed by Pan Am who complained that the company's pregnancy policy discriminated against female employees.

Plaintiff Type(s):

EEOC Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Pan American World Airways, Inc., Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Disparate Impact

Pay / Benefits

Promotion

Discrimination Basis:

Pregnancy discrimination

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits