5 Fair empl.prac.cas. 713, 5 Empl. Prac. Dec. P 8448 Commonwealth of Pennsylvania (Intervenors Plaintiffs), Guardian Civic League (Intervenor Plaintiff) v. Joseph F. O'neill, in No. 72-1614. Appeal of Fraternal Order of Police, Defendants-Intervenors, in No. 72-1613, 473 F.2d 1029 (3rd Cir. 1973). · Go Syfert
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5 Fair empl.prac.cas. 713, 5 Empl. Prac. Dec. P 8448 Commonwealth of Pennsylvania (Intervenors Plaintiffs), Guardian Civic League (Intervenor Plaintiff) v. Joseph F. O'neill, in No. 72-1614. Appeal of Fraternal Order of Police, Defendants-Intervenors, in No. 72-1613, 473 F.2d 1029 (3rd Cir. 1973). Cases Citing This Book View Copy Cite
107 citation events across 25 distinct courts.
Strongest positive: Council of and for the Blind of Delaware County Valley, Inc. v. Donald T. Regan, Secretary of the Treasury (cadc, 1983-06-10)
Treatment trajectory · 1972 → 2026 · click a year to view as-of
1972 1999 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited "see" Council of and for the Blind of Delaware County Valley, Inc. v. Donald T. Regan, Secretary of the Treasury (2×)
D.C. Cir. · 1983 · signal: see · confidence high
See Amended Complaint p 27, Joint Appendix (J.App.) 36, referring to Pennsylvania v. O'Neill, 348 F.Supp. 1084 (E.D.Pa.), aff'd in part and vacated in part, 473 F.2d 1029 (3d Cir.1972) (hiring practices of Philadelphia police department found racially discriminatory), and to Pennsylvania v. Rizzo, 9 EPD p 9891 (E.D.Pa.1975) (employment procedures of Philadelphia fire department found racially discriminatory); Amended Complaint p 36, J.App. 38, referring to United States v. City of Milwaukee, 441 F.Supp. 1371 (E.D.Wis.1977) (pay practices of city found discriminatory on basis of sex); Amended C…
discussed Cited "see" 23 Fair empl.prac.cas. 677, 23 Empl. Prac. Dec. P 31,153, 6 Fed. R. Evid. Serv. 724 the Guardians Association of the New York City Police Department, Inc., the Hispanic Society of the New York City Police Department, Inc., Oswaldo Perez and Felix E. Santos Individually and on Behalf of All Others Similarly Situated v. Civil Service Commission of the City of New York, Department of Personnel of the City of New York, the New York City Police Department, Alphonse D'ambrose, Individually and in His Capacity as Chairman of the Civil Service Commission of the City of New York and Personnel Director of the City of New York, James Smith and Josephine Gambino, Individually and in Their Capacity as Members of the Civil Service Commission of the City of New York, and Michael J. Codd, Individually and in His Capacity as Commissioner of the New York Police Department, Defendants
2d Cir. · 1980 · signal: accord · confidence high
Accord, Pennsylvania v. O'Neill, 348 F.Supp. 1084, 1090 (E.D.Pa.1972), aff'd in pertinent part, 473 F.2d 1029 (3d Cir. 1973); United States v. City of Chicago, 385 F.Supp. 543, 556 (N.D.Ill.1974); Officers for Justice v. Civil Service Commission, 371 F.Supp. 1328, 1337 (N.D.Cal.1973).
discussed Cited "see" Guardians Ass'n of New York City Police Department, Inc. v. Civil Service Commission of New York
2d Cir. · 1980 · signal: accord · confidence high
Accord, Pennsylvania v. O’Neill, 348 F.Supp. 1084, 1090 (E.D.Pa.1972), aff’d in pertinent part, 473 F.2d 1029 (3d Cir. 1973); United States v. City of Chicago, 385 F.Supp. 543, 556 (N.D.Ill.1974); Officers for Justice v. Civil Service Commission, 371 F.Supp. 1328, 1337 (N.D.Cal.1973).
cited Cited "see" Pennsylvania v. Local Union 542, International Union of Operating Engineers
E.D. Pa. · 1980 · signal: see · confidence high
See Commonwealth of Pennsylvania v. O'Neill, 473 F.2d 1029 (3d Cir. 1973) (in banc) (per curiam).
cited Cited "see" Officers for Justice v. Civil S. Com'n, C. & C. San Francisco
N.D. Cal. · 1973 · signal: see · confidence high
See generally Commonwealth of Pennsylvania v. O’Neill, 348 F.Supp. 1084, 1103 (E.D.Pa.1972), modified on other grounds 473 F.2d 1029 (3rd Cir. 1973) (en banc).
discussed Cited "see, e.g." Wright Farms Construction, Inc. v. Kreps (2×)
D. Vt. · 1977 · signal: see also · confidence low
See also Commonwealth of Pa. v. O’Neill, supra, 473 F.2d 1029 (3d Cir. 1973) (en banc) (per curiam) (appeal from preliminary injunction; court struck down promotion ratios because the trial court admitted that there was no evidence concerning the statistical significance of the data on which its finding was based); Parham v. Southwestern Bell Tel.
discussed Cited "see, e.g." Edward L. KIRKLAND, Etc., Plaintiffs-Appellees, v. the NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Etc., Defendants-Appellants (2×)
2d Cir. · 1975 · signal: see, e.g. · confidence low
See, e. g., Pennsylvania v. O’Neill, 473 F.2d 1029 (3d Cir. 1973) (en banc); Castro v. Beecher, supra, [1 Cir.] 459 F.2d 725 ; Carter v. Gallagher, 452 F.2d 315, 327-332 (8th Cir. 1971) (en banc), cert. denied, 406 U.S. 950 , 92 S.Ct. 2045 , 32 L.Ed.2d 338 (1972).” 482 F.2d at 1340 .
Retrieving the full opinion text from the archive…
5 Fair empl.prac.cas. 713, 5 Empl. Prac. Dec. P 8448 Commonwealth of Pennsylvania (Intervenors Plaintiffs), Guardian Civic League (Intervenor Plaintiff)
v.
Joseph F. O'neill, in No. 72-1614. Appeal of Fraternal Order of Police, Defendants-Intervenors, in No. 72-1613
72-1613.
Court of Appeals for the Third Circuit.
Feb 8, 1973.
473 F.2d 1029
Cited by 20 opinions  |  Published

473 F.2d 1029

5 Fair Empl.Prac.Cas. 713, 5 Empl. Prac. Dec. P 8448
COMMONWEALTH OF PENNSYLVANIA et al. (Intervenors
Plaintiffs), Guardian Civic League (Intervenor Plaintiff),
v.
Joseph F. O'NEILL et al., Appellants in No. 72-1614. Appeal
of FRATERNAL ORDER OF POLICE et al.,
Defendants-Intervenors, in No. 72-1613.

Nos. 72-1613, 72-1614.

United States Court of Appeals,
Third Circuit.

Argued Aug. 28, 1972.
Submitted for Rehearing before the Court En Banc Jan. 3, 1973.
Decided Feb. 8, 1973.

A. Charles Peruto, James M. Penny, Jr., Sheldon L. Albert, Martin Weinberg, Philadelphia, Pa., for appellants in Nos. 72-1613 and 72-1614.

Henry W. Sawyer, III, Andrew S. Price, Harold I. Goodman, Robert J. Reinstein, F. John Hagele, Robert P. Vogel, Stephen C. Miller, Philadelphia, Pa., for appellees in Nos. 72-1613 and 72-1614.

George H. Weiler, III, Washington, D. C., for amicus curiae, Equal Employment Opportunity Commission in Nos. 72-1613 and 72-1614.

Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, MAX ROSENN and HUNTER, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

[*~1029]1

The defendants appeal from an order dated July 7, 1972 granting a preliminary injunction pending final hearing. 348 F.Supp. 1084 (E.D.Pa.1972). The complaint challenges the hiring and promotion procedures of the Police Department of the City of Philadelphia as violative of the Civil Rights Acts. 42 U.S.C. Secs. 1981-1983. The alleged violations involve discrimination in hiring black applicants and in promoting black police officers. After a hearing the district court entered the order appealed from, which granted interim injunctive relief both with respect to hiring procedures and with respect to promotion procedures.

2

The court being equally divided with respect to the provisions of the order dealing with hiring procedures, the order will in those respects be affirmed.

3

With respect to the promotion procedures, the district court directed that no promotions be made pursuant to the existing procedure unless the Police Department promoted at least one black officer for every two white officers. It found that the "written examination for promotion . . . plays a significant role in determinations of eligibility and eliminates a disproportionate number of blacks." 348 F.Supp. at 1101 (emphasis omitted). In reviewing the evidence, however, the district court revealed that its finding of disproportionate disqualification was based upon the following unrebutted statistical evidence concerning passing rates on three promotion examinations:

4 
"Test White Pass Rate Black Pass Rate
Sergeant 18.4% 11.7%
Detective 27.2% 17.7%
Corporal 36.2% 23.8%"
5

Id. Immediately following the reproduction of this table upon which the district court apparently based its finding of disproportionate disqualifications, the trial judge stated: "There is no evidence as to the statistical significance of these figures, nor as to the passing rates for the other promotion examinations." Id. Thus, although he made a finding that the promotional tests disqualify a disproportionate number of black policemen seeking promotion, the judge pointed to the absence of evidence concerning the statistical significance of the data on which his finding was based. Perhaps this apparent incongruence between the statistics, the finding of fact, and the statement made by the trial judge was caused by a simple mistake. Speculation about its nature is, however, just that, speculation. In view of the critical nature of the matter, we unanimously decline, on this record, to uphold that part of the district court's order requiring a one-for-two quota system in the Police Department's promotion procedure pending final hearing. Our ruling, is, of course, without prejudice to any other or further relief which may be ordered by the district court with respect to Philadelphia Police Department promotion procedures in proceedings not before us on this appeal.

[*~1030]6

Those portions of the district court's order of July 7, 1972 dealing with the hiring procedures of the Philadelphia Police Department pending final hearing will be affirmed. Those portions of the district court's order of July 7, 1972 dealing with promotion procedures of the Philadelphia Police Department pending final hearing will be vacated and the cause remanded for further proceedings.