(DOWNLOAD) "Holden V. Owens-Illinois Inc." by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Holden V. Owens-Illinois Inc.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 18, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Owens-Illinois, Inc. ("Owens") appeals and E. Marie Holden ("plaintiff") cross-appeals from the judgment for plaintiff in this employment discrimination action. During the summer of 1975, Owens recruited plaintiff to manage the company's affirmative action programs and to design and implement affirmative action plans that would comply with Exec. Order No. 11, 246, 30 Fed. Reg. 12,319 (September 24, 1965), reprinted in 42 U.S.C. § 2000e note, as amended ("Executive Order No. 11, 246"). Plaintiff eventually accepted the position and agreed to commence employment on October 1, 1975. After approximately six weeks, Owens terminated plaintiff's employment on November 11, 1975. The District Court held that Owens discharged plaintiff because she aggressively sought to do her job and that the discharge violated 42 U.S.C. § 2000e-3(a), the "opposition clause" in Title VII of the Civil Rights Act of 1964 ("Title VII") as amended, 42 U.S.C. § 2000e. We hold that plaintiff's attempts to implement affirmative action plans which would comply with Executive Order No. 11,246 do not qualify as protected activity under the opposition clause. We also hold that the District Court did not err in dismissing plaintiff's state law claim for wrongful discharge. Accordingly, we reverse the judgment for plaintiff on the "opposition clause" claim and remand the case to the District Court with instructions to dismiss plaintiff's complaint.