Richard B. SAGERS, Plaintiff-Appellee, v. YELLOW FREIGHT SYSTEM, INC., Defendant-Appellee, v. TRUCK DRIVERS AND HELPERS, LOCAL UNION NO. 728 et al., Defendants-Appellants, 529 F.2d 721

Summary

Plaintiff sued defendant employer and defendant union, charging racial discrimination in hiring practices and transfer policies, in violation of Title VII of the 1964 Civil Rights Act, 42 U.S.C.S. § 2000e et seq. and 42 U.S.C.S. § 1981. Plaintiff moved for summary judgment, and the district court granted partial summary judgment. Defendant union appealed. The court affirmed the district court's order with modifications and remanded. Defendants' failure to rebut plaintiff's statistical evidence, to explain disparity in hiring, or to justify their practices as a business necessity warranted summary disposition of the case. The court modified the district court's order to provide for the calculation of terminal date seniority as of the date when an individual class plaintiff first qualified for road employment and such a position became available.