Phillips v. Martin Marietta Corporation

United States Supreme Court

400 U.S. 542

Phillips  v.  Martin Marietta Corporation

Certiorari to the United States Court of Appeals for the Fifth Circuit

No. 73.  Argued: December 9, 1970 --- Decided: January 25, 1971

Under Title VII of the Civil Rights Act of 1964, an employer may not, in the absence of business necessity, refuse to hire women with pre-school-age children while hiring men with such children.

411 F. 2d 1, vacated and remanded.

William L. Robinson argued the cause for petitioner. With him on the briefs were Jack Greenberg, James M. Nabrit III, Norman C. Amaker, and Earl M. Johnson.

Donald T. Senterfitt argued the cause for respondent. With him on the brief were William Y. Akerman, Paul A. Porter, Victor H. Kramer, Dennis G. Lyons, James A. Dobkin, Clark C. Vogel, James T. Ellison, J. Thomas Cardwell, and George T. Edison, Jr.

Lawrence G. Wallace argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Griswold, Assistant Attorney General Leonard, Robert T. Moore, and Stanley P. Hebert.

Briefs of amici curiae urging reversal were filed by Dorothy Kenyan, Norman Dorsen, Pauli Murray, and Melvin L. Wulf for the American Civil Liberties Union; by Gilbert Feldman for the Air Line Stewards and Stewardesses Association, Local 550, Transport Workers Union of America, AFL-CIO; by Jacob D. Hyman, Faith A. Seidenberg, Marguerite Rawalt, and Phineas Indritz for NOW Legal Defense and Education Fund, Inc.; and by Sylvia Ellison for Human Rights for Women, Inc.

PER CURIAM.

Notes