Mills v. International Brotherhood of Teamsters Book Reviews

Mills v. International Brotherhood of Teamsters by Fifth Circuit. Unit B United States Court of Appeals Book Summary

In this case, the district court held that General Teamsters Local Union No. 528 (Local 528) violated Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. §§ 2000e-2000e-17, by refusing to refer plaintiff for employment as a truck driver because of her sex. The court awarded plaintiff over $15,000 in back pay. On appeal, Local 528 asserts the district court erred in two respects: first, in finding the union impermissibly discriminated against plaintiff; and second, in computing damages from the day plaintiff requested referral rather than the day there was a vacancy for which plaintiff should have been referred but was not. We affirm the finding of liability but hold that the award of back pay should not begin until the first instance of discriminatory nonreferral occurred. The cause is therefore remanded for a redetermination of damages. Briefly, on September 9, 1975, plaintiff Remonia Mills, a qualified heavy truck driver, had her name put on Local 528's courtesy out-of-work list to be referred by the union for employment as a truck driver in Augusta, Georgia. Drivers were to be referred for vacant positions in the order their names were placed on the list. Plaintiff was not referred by the union for a truck driver position until March, 1977, after she had filed a sex discrimination complaint against the union with the EEOC.

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