Interest Dispute in Title VII Actions - Loeffler v. Tisch, The

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Auffart, Shentell L.
Issue Date
1987
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Journal Article
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INTRODUCTION|In 1972, Congress amended Title VII of the Civil Rights Act by enacting the Equal Employment Opportunity Act and, for the first time, gave federal employees the right to bring actions for illegal employment discrimination under the provisions of Title VII. Before Title VII was amended, the "sue and be sued" clause of the Postal Reorganization Act had not afforded postal employees a cause of action for employment discrimination. After Title VII was amended, postal employees sought to take advantage of the liberal remedies afforded by the "sue and be sued" clause of the Postal Reorganization Act in conjunction with Title VII to expand their remedies in Title VII employment discrimination actions. The Eighth Circuit Court of Appeals reviewed such a situation in Cross v. United States Postal Service, but the case established no precedent because the original decision rendered by a three-judge panel was vacated by an equally divided court on a rehearing en banc. Thus, the Eighth Circuit's opinion in Loeffler v. Tisch is important because it sets forth the standard that the Eighth Circuit will apply in future cases of this nature...
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20 Creighton L. Rev. 1033 (1986-1987)
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Creighton University School of Law
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