16 Fair empl.prac.cas. 387, 17 Fair empl.prac.cas. 186, 15 Empl. Prac. Dec. P 8039, 17 Empl. Prac. Dec. P 8383 Willie Mae Payne v. Travenol Labs., Inc. & Baxter Labs., Inc., Defendants, 565 F.2d 895 (5th Cir. 1978). · Go Syfert
16 Fair empl.prac.cas. 387, 17 Fair empl.prac.cas. 186, 15 Empl. Prac. Dec. P 8039, 17 Empl. Prac. Dec. P 8383 Willie Mae Payne v. Travenol Labs., Inc. & Baxter Labs., Inc., Defendants, 565 F.2d 895 (5th Cir. 1978). Cases Citing This Book View Copy Cite
“the proper focus when determining disparate impact of an employment condition is on those excluded by the requirement, not on the number of positions to be filled ....”
187 citation events (42 in the last 25 years) across 45 distinct courts.
Strongest positive: Hughes v. Jim Walter Resources, Inc. (alnd, 1981-08-19)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Hughes v. Jim Walter Resources, Inc.
N.D. Ala. · 1981 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
the proper focus when determining disparate impact of an employment condition is on those excluded by the requirement, not on the number of positions to be filled ....
discussed Cited as authority (quoted) PAULCIN v. CHUNN
N.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence low
bey the law' injunctions cannot be sustained
discussed Cited as authority (rule) Charlene Carter v. Southwest Airlines Company (2×) also: Cited "see"
5th Cir. · 2025 · confidence medium
But an injunction’s “command of specificity is a reflection of the seriousness of the consequences which may flow from a violation of an injunctive order.” Id. at 897.
discussed Cited as authority (rule) Charlene Carter v. Southwest Airlines Company (2×) also: Cited "see"
5th Cir. · 2025 · confidence medium
But an injunction’s “command of specificity is a reflection of the seriousness of the consequences which may flow from a violation of an injunctive order.” Id. at 897.
discussed Cited as authority (rule) U.S. Equal Employment Opportunity Commission v. Aviation Port Services, LLC
D. Mass. · 2020 · confidence medium
Louis location that was at issue in the lawsuit); Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 897-98 (5th Cir. 1978) (vacating “obey the law” injunction prohibiting employer from discriminating against all persons in a particular facility as overbroad); Keyes v. Sch.
cited Cited as authority (rule) Equal Employment Opportunity Commission v. Autozone, Inc.
7th Cir. · 2013 · confidence medium
Power Co., 616 F.2d 976, 991 (7th Cir.1980); Payne, 565 F.2d at 897-98; H.K.
discussed Cited as authority (rule) In Re Title Insurance Antitrust Cases
N.D. Ohio · 2010 · confidence medium
"Such 'obey the law’ injunctions cannot be sustained.” EEOC v. Wooster Brush Co. Em *866 ployees Relief Ass’n, 727 F.2d 566 , 576 (6th Cir.1984) (citing Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 897-98 (5th Cir.)). 18 .
discussed Cited as authority (rule) Biscone v. Jetblue Airways Corporation
E.D.N.Y · 2010 · confidence medium
Rather, each claim must be analyzed separately, and a claim cannot be asserted on behalf of a class unless at least one named plaintiff has suffered the injury that gives rise to that claim.”); Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 898 (5th Cir.1978) ( The fact that some members of the class may have had standing to raise this claim is irrelevant.... [T]he necessary requirement is for a named plaintiff to have standing at the time the litigation is filed.” (internal quotations omitted, alterations in original)); In re Pfizer Inc. ERISA Litigation, No. 04 Civ. 10071(LTS)(JFE),…
discussed Cited as authority (rule) Securities & Exchange Commission v. Smyth
11th Cir. · 2005 · confidence medium
The specificity requirement of Rule 65(d) is no mere technicality; "[the] command of specificity is a reflection of the seriousness of the consequences which may flow from a violation of an injunctive order.” Payne, 565 F.2d at 897.
discussed Cited as authority (rule) Florida Association Of Rehabilitation Facilities, Inc. v. State Of Florida Department Of Health And Rehabilitative Services
11th Cir. · 2000 · confidence medium
The specificity requirement of Rule 65(d) is no mere technicality; "[the] command of specificity is a reflection of the seriousness of the consequences which may flow from a violation of an injunctive order." Payne, 565 F.2d at 897.
discussed Cited as authority (rule) FL Assoc. of Rehab. Fac. v. State of FL Dept. of H
11th Cir. · 2000 · confidence medium
The specificity requirement of Rule 65(d) is no mere technicality; "[the] command of specificity is a reflection of the seriousness of the consequences which may flow from a violation of an injunctive order." Payne, 565 F.2d at 897.
discussed Cited as authority (rule) Florida Ass'n of Rehabilitation Facilities, Inc. v. Florida Department of Health & Rehabilitative Services
11th Cir. · 2000 · confidence medium
The specificity requirement of Rule 65(d) is no mere technicality; “[the] command of specificity is a reflection of the seriousness of the consequences which may flow from a violation of an injunctive order.” Payne, 565 F.2d at 897.
discussed Cited as authority (rule) FL Assoc. of Rehab. Fac. v. State of FL Dept. of H
11th Cir. · 2000 · confidence medium
The specificity requirement of Rule 65(d) is no mere technicality; “[the] command of specificity is a reflection of the seriousness of the consequences which may flow from a violation of an injunctive order.” Payne, 565 F.2d at 897.
examined Cited as authority (rule) Burton v. City of Belle Glade (3×) also: Cited "see"
11th Cir. · 1999 · confidence medium
For example, in Payne v. Travenol Labs., Inc., 565 F.2d 895 (5th Cir.1978), the former Fifth Circuit 27 considered an injunction that prohibited “discriminating on the basis of color, race, or sex in employment practices or conditions of employment.” Id. at 897.
examined Cited as authority (rule) Burton v. City of Belle Glade (3×) also: Cited "see"
11th Cir. · 1999 · confidence medium
For example, in Payne v. Travenol Labs., Inc., 565 F.2d 895 (5th Cir. 1978), the former Fifth Circuit27 considered an injunction that prohibited “discriminating on the basis of color, race, or sex in employment practices or conditions of employment.” Id. at 897.
discussed Cited as authority (rule) Public Service Co. of New Hampshire v. Patch
1st Cir. · 1998 · confidence medium
Unlike in the cases cited by the Commission, see, e.g., Payne v. Travenol Labs., Inc., 565 F.2d 895 , 898 (5th Cir.), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978), the injunction is not so sweeping and vague as to violate the “command of specificity” set down in Fed.R.Civ.P. 65(d), see Payne, 565 F.2d at 897; instead, it identifies as the subject of the injunction the Final Plan and the implementing orders that accompany it.
discussed Cited as authority (rule) Terence D. Hughey v. Jms Development Corporation, Terrence D. Hughey v. Jms Development Corporation, Cross-Appellee (2×)
11th Cir. · 1996 · confidence medium
In the absence of specific injunctive relief, informed and intelligent appellate review is greatly complicated, if not made impossible. 49 Schmidt v. Lessard, 414 U.S. 473, 476 , 94 S.Ct. 713, 715 , 38 L.Ed.2d 661, 664 (1974). 50 Consistent with the two foregoing purposes, appellate courts will not countenance injunctions that merely require someone to "obey the law." Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 897-98 (5th Cir.), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1974). 11 "Broad, non-specific language that merely enjoins a party to obey the law or comply with…
discussed Cited as authority (rule) Hughey v. JMS Development Corp.
11th Cir. · 1996 · confidence medium
Consistent with the two foregoing purposes, appellate courts will not countenance injunctions that merely require someone to "obey the law." Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 897-98 (5th Cir.), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1974).11 "Broad, non-specific language that merely enjoins a party to obey the law or comply with an agreement ... does not give the restrained party fair notice of what conduct will risk contempt." Epstein Family Partnership, supra. Because of the possibility of contempt, an injunction "must be tailored to remedy the specific…
discussed Cited as authority (rule) Hartman v. Duffey
D.C. Cir. · 1994 · confidence medium
Berger v. Iron Workers Reinforced Rodmen Local 201, 843 F.2d 1395, 1409 (D.C.Cir.), clarified on reh’g, 852 F.2d 619 (1988), cert. denied, 490 U.S. 1105 , 109 S.Ct. 3155 , 104 L.Ed.2d 1018 (1989); Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 898 (5th Cir.), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978).
discussed Cited as authority (rule) Carolee Brady Hartman All Other Approx. 50 Additional v. Joseph Duffey, Director, United States Information Agency All Other One Additional Carolee Brady Hartman All Other Approx. 50 Additional v. Joseph Duffey, Director, United States Information Agency All Other One Additional
D.C. Cir. · 1994 · confidence medium
Berger v. Iron Workers Reinforced Rodmen Local 201, 843 F.2d 1395, 1409 (D.C.Cir.), clarified on reh'g, 852 F.2d 619 (1988), cert. denied, 490 U.S. 1105 , 109 S.Ct. 3155 , 104 L.Ed.2d 1018 (1989); Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 898 (5th Cir.), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978).
discussed Cited as authority (rule) Mitchell v. Jones Truck Lines, Inc.
W.D. Tenn. · 1990 · confidence medium
See Griffin v. Dugger, 823 F.2d 1476, 1483-84 (11th Cir.1987), cert. denied, 486 U.S. 1005 , 108 S.Ct. 1729 , 100 L.Ed.2d 193 (1988); Chrisner v. Complete Auto Transit, Inc., 645 F.2d 1251, 1258 (6th Cir.1981); Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 898-99 (5th Cir.), cert, denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978).
discussed Cited as authority (rule) Stephen v. PGA Sheraton Resort
S.D. Fla. · 1987 · confidence medium
In framing an injunction a court must “ ‘be specific in terms’ and ‘describe in reasonable detail ... the act or acts sought to be restrained....’” Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 897 (5th Cir.1978), ce rt. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978) (quoting Fed.R.
discussed Cited as authority (rule) Williams v. City of Dothan, Alabama (2×) also: Cited "see"
1st Cir. · 1987 · confidence medium
Co., 661 F.2d 369, 373 (5th Cir.1981); Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 898 (5th Cir.1978), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978).
discussed Cited as authority (rule) Williams v. City of Dothan (2×) also: Cited "see"
11th Cir. · 1987 · confidence medium
Co., 661 F.2d 369, 373 (5th Cir.1981); Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 898 (5th Cir.1978), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978).
discussed Cited as authority (rule) Smith v. Western Electric Co.
5th Cir. · 1985 · confidence medium
Phillips v. Joint Legislative Committee, 637 F.2d 1014 , 1026 n. 20 (5th Cir.1981), cert. denied, 456 U.S. 960 , 102 S.Ct. 2035 , 72 L.Ed.2d 483 (1982); Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 898 (5th Cir.), cert. denied, 439 U.S. 835 , 91 S.Ct. 118 , 58 L.Ed.2d 131 (1978).
discussed Cited as authority (rule) 38 Fair empl.prac.cas. 1605, 38 Empl. Prac. Dec. P 35,506 Thomas J. Smith, Jr., and E.D. Herron, Intervenors-Appellants v. Western Electric Company, Incorporated
5th Cir. · 1985 · confidence medium
Phillips v. Joint Legislative Committee, 637 F.2d 1014 , 1026 n. 20 (5th Cir.1981), cert. denied, 456 U.S. 960 , 102 S.Ct. 2035 , 72 L.Ed.2d 483 (1982); Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 898 (5th Cir.), cert. denied, 439 U.S. 835 , 91 S.Ct. 118 , 58 L.Ed.2d 131 (1978).
discussed Cited as authority (rule) 34 Fair empl.prac.cas. 1114, 34 Empl. Prac. Dec. P 34,335 Dorothy Walls, Cross-Appellees-Appellants v. Mississippi State Department of Public Welfare, Cross-Appellants v. United States of America, Cross-Appellee
5th Cir. · 1984 · confidence medium
The defendants rely on Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 898 (5th Cir.1978), where the plaintiffs "had fulfilled the [educational] requirement prior to submitting applications" for employment.
discussed Cited as authority (rule) Walls v. Mississippi State Department of Public Welfare
5th Cir. · 1984 · confidence medium
The defendants rely on Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 898 (5th Cir.1978), where the plaintiffs “had fulfilled the [educational] requirement prior to submitting applications” for employment.
discussed Cited as authority (rule) Equal Employment Opportunity Commission v. Wooster Brush Co. Employees Relief Ass'n
6th Cir. · 1984 · confidence medium
Rule 65(d) of the Federal Rules of Civil Procedure provides that “every order granting an injunction ... shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail ... the act or acts sought to be restrained.” As pointed out by Judge Roney in Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 897-98 (5th Cir.), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978): This command of specificity is a reflection of the seriousness of the consequences which may flow from the violation of an injunctive order.
discussed Cited as authority (rule) 33 Fair empl.prac.cas. 1823, 33 Empl. Prac. Dec. P 34,147, 5 Employee Benefits Ca 1483 Equal Employment Opportunity Commission v. Wooster Brush Company Employees Relief Association (81-3638), the Wooster Brush Company, (81-3644)
6th Cir. · 1984 · confidence medium
On the contrary the district court expressly made determinations that in all other particulars known to it, the Company was in full compliance with Title VII. 49 Rule 65(d) of the Federal Rules of Civil Procedure provides that "every order granting an injunction ... shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail ... the act or acts sought to be restrained." As pointed out by Judge Roney in Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 897-98 (5th Cir.), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978): 50 Thi…
discussed Cited as authority (rule) 31 Fair empl.prac.cas. 1578, 31 Empl. Prac. Dec. P 33,571 Frank L. Eastland, Individually v. Tennessee Valley Authority
11th Cir. · 1983 · confidence medium
Eastland emphasizes that the requirements of Fed.R.Civ.Proc. 23 have been met and that under the “across- *618 the-board” approach to Title VII, parties have been permitted to represent those who “suffe[r] from different practices motivated by the same policies.” Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 900 (5th Cir.), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978) (citations omitted).
discussed Cited as authority (rule) Brown v. Eckerd Drugs, Inc.
W.D.N.C. · 1983 · confidence medium
Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 900 (5th Cir.), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978); Senter v. General Motors Corp., 532 F.2d 511, 524 (6th Cir.), cert. denied, 429 U.S. 870 , 97 S.Ct. 182 , 50,L.Ed.2d 150 (1976).
discussed Cited as authority (rule) Thomas v. Johnston
W.D. Tex. · 1983 · confidence medium
Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252, 261 , 97 S.Ct. 555, 561 , 50 L.Ed.2d 450 (1977); Simon v. Eastern Kentucky Welfare Rights Organization, 426 U.S. 26, 40-42 , 96 S.Ct. 1917, 1925-26 , 48 L.Ed.2d 450 (1976); Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 898 (5th Cir.), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978).
discussed Cited as authority (rule) General Telephone Co. of Southwest v. Falcon (2×) also: Cited "see, e.g."
SCOTUS · 1982 · confidence medium
As parties who have allegedly been aggrieved by some of those discriminatory practices, plaintiffs have demonstrated a sufficient nexus to enable them to represent other class members suffering from different practices motivated by the same policies.” 565 F. 2d, at 900, quoted in 626 F. 2d, at 375.
discussed Cited as authority (rule) Madalyn Murray O'Hair and Society of Separationists, Inc. v. Mark White (2×)
5th Cir. · 1982 · confidence medium
Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252, 261 , 97 S.Ct. 555, 561 , 50 L.Ed.2d 450 (1977); Simon v. Eastern Kentucky Welfare Rights Organization, 426 U.S. 26, 40-42 , 96 S.Ct. 1917, 1925-26 , 48 L.Ed.2d 450 (1976); Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 898 (5th Cir.), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978). 15 Although the palpable injury forming the basis for standing is most often economic harm resulting from some official conduct, see, e.g., Barlow v. Collins, 397 U.S. 159 , 90 S.Ct. 832 , 25 L.Ed.2d 192 (1…
discussed Cited as authority (rule) Payne v. Travenol Laboratories, Inc. (2×) also: Cited "see"
5th Cir. · 1982 · confidence medium
Travenol argues that work force statistics are not properly considered in assessing discrimination in promotions because we determined in Payne I that many positions above the operative level were filled in part by lateral hiring. 565 F.2d at 895.
discussed Cited as authority (rule) 28 Fair empl.prac.cas. 1212, 28 Empl. Prac. Dec. P 32,647 Willie Mae Payne, Etc., Cross-Appellants v. Travenol Laboratories, Inc. And Baxter Laboratories, Inc., Defendants- Cross-Appellees (2×) also: Cited "see"
5th Cir. · 1982 · confidence medium
Travenol attacks both findings on appeal. 91 Travenol argues that work force statistics are not properly considered in assessing discrimination in promotions because we determined in Payne I that many positions above the operative level were filled in part by lateral hiring. 565 F.2d at 895.
cited Cited as authority (rule) Halet v. Wend Investment Co.
9th Cir. · 1982 · confidence medium
Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 898 (5th Cir.), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978).
cited Cited as authority (rule) Halet ex rel. Halet v. Wend Investment Co.
9th Cir. · 1982 · confidence medium
Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 898 (5th Cir.), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978).
discussed Cited as authority (rule) Mary Beth MEYER, Plaintiff-Appellee, v. BROWN & ROOT CONSTRUCTION COMPANY, Defendant-Appellant
5th Cir. · 1981 · confidence medium
“This command of specificity is a reflection of the seriousness of the consequences which may flow from a violation of an injunctive order.” Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 897 (5th Cir.), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978).
discussed Cited as authority (rule) Brown v. Eckerd Drugs, Inc.
4th Cir. · 1981 · confidence medium
Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 900 (5th Cir. 1978), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978); Donaldson v. Pillsbury Co., supra, 554 F.2d at 830-31 ; Senter v. General Motors Corp., 532 F.2d 511, 524 (6th Cir. 1976), cert. denied, 429 U.S. 870 , 97 5.
discussed Cited as authority (rule) 27 Fair empl.prac.cas. 137, 27 Empl. Prac. Dec. P 32,200, 27 Empl. Prac. Dec. P 32,312 Shirley Brown and Dorothy Black and Almetta Ivey, Individually and on Behalf of All Others Similarly Situated v. Eckerd Drugs, Inc., a Corporation Now Merged With Jack Eckerd Corporation, a Corporation and Eckerd's Providence, Inc. (Store 4), a Wholly-Owned Subsidiary of Eckerd Drugs, Inc., Now Merged With Jack Eckerd Corporation
4th Cir. · 1981 · confidence medium
Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 900 (5th Cir. 1978), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978); Donaldson v. Pillsbury Co., supra, 554 F.2d at 830-31 ; Senter v. General Motors Corp., 532 F.2d 511, 524 (6th Cir. 1976), cert. denied, 429 U.S. 870 , 97 S.Ct. 182 , 50 L.Ed.2d 150 (1976).
discussed Cited as authority (rule) Sarah L. ABRON, Appellee, v. BLACK & DECKER (U.S.) INC., Appellant (2×)
4th Cir. · 1981 · confidence medium
Co., 508 F.2d 239 (3d Cir. 1975), cert. denied, 421 U.S. 1011 , 95 S.Ct. 2415 , 44 L.Ed.2d 679 (1975); Hackett v. McGuire Bros., Inc., 445 F.2d 442 (3d Cir. 1971); Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 900 (5th Cir. 1978), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978); Alexander v. Aero Lodge No. 785, 565 F.2d 1364 ,1372— 73 (6th Cir. 1977), cert. denied, 436 U.S. 946 , 98 S.Ct. 2849 , 56 L.Ed.2d 787 (1978); Senter v. General Motors Corp., supra, 532 F.2d 511 (6th Cir. 1976); Crockett v. Green, 534 F.2d 715 (7th Cir. 1976); Alliance to End Repression v. Rock…
discussed Cited as authority (rule) Mary R. CHRISNER, Plaintiff-Appellee, v. COMPLETE AUTO TRANSIT, INC., Defendant-Appellant (2×)
6th Cir. · 1981 · confidence medium
Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 899 (5th Cir. 1978). 4 The experience requirement automatically disqualifies all people who have not accumulated two years of experience driving a truck, a vast majority of whom would be females given their gross underrepresentation in the trucking industry when the experience requirement was implemented in 1973.
cited Cited as authority (rule) Texas Supporters of Workers World Party Presidential Candidates v. Strake
S.D. Tex. · 1981 · confidence medium
Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 898 (5th Cir. 1978).
discussed Cited as authority (rule) 24 Fair empl.prac.cas. 1, 24 Empl. Prac. Dec. P 31,368 Thomas Johnson, Individually, and on Behalf of All Others Similarly Situated v. Uncle Ben's, Inc.
5th Cir. · 1980 · confidence medium
Cf. Miller v. International Paper Co., 408 F.2d 283, 294 (5th Cir. 1969) ("The ethic which permeates the American Dream is that a person may advance as far as his talents and his merit will carry him.") An educational requirement for a job is lawful if it is required by "business necessity," Griggs v. Duke Power Co., 401 U.S. at 431 , 91 S.Ct. at 853-854 ; Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 899-900 (5th Cir.), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978), and valid under the EEOC's Uniform Guidelines on Employee Selection Procedures, 29 C.F.R. § 1607 (197…
discussed Cited as authority (rule) Johnson v. Uncle Ben's, Inc.
5th Cir. · 1980 · confidence medium
Cf. Miller v. International Paper Co., 408 F.2d 283, 294 (5th Cir. 1969) (“The ethic which permeates the American Dream is that a person may advance as far as his talents and his merit will carry him.”) An educational requirement for a job is lawful if it is required by “business necessity,” Griggs v. Duke Power Co., 401 U.S. at 431 , 91 S.Ct. at 853-854 ; Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 899-900 (5th Cir.), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978), and valid under the EEOC’s Uniform Guidelines on Employee Selection Procedures, 29 C.F.R. §…
cited Cited as authority (rule) Equal Employment Opportunity Commission v. Crown Liquors of Broward, Inc.
S.D. Fla. · 1980 · confidence medium
Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 900 (5th Cir. 1978); Long v. Sapp, 502 F.2d 34 (5th Cir. 1974); Johnson v. Georgia Highway Express, Inc., 417 F.2d 1122 (5th Cir. 1969).
discussed Cited as authority (rule) Cooper v. University of Texas at Dallas
N.D. Tex. · 1979 · confidence medium
See Satterwhite v. City of Greenville, 578 F.2d 987 , 994 n. 8 (5th Cir. 1978), petition for cert. docketed, 439 U.S. 834 , 99 S.Ct. 114 , 58 L.Ed.2d 129 (1979); Payne v. Travenol Laboratories, Inc., 565 F.2d 895, 900 (5th Cir.), cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978).
cited Cited "see" Diageo North America, Inc. v. Mexcor, Incorporated
5th Cir. · 2016 · signal: see · confidence high
See Payne v. Travenol Labs., Inc., 565 F.2d 895 , 898 (5th Cir. 1978).
Retrieving the full opinion text from the archive…
16 Fair empl.prac.cas. 387, 17 Fair empl.prac.cas. 186, 15 Empl. Prac. Dec. P 8039, 17 Empl. Prac. Dec. P 8383 Willie Mae Payne
v.
Travenol Laboratories, Inc. And Baxter Laboratories, Inc., Defendants
76-1801.
Court of Appeals for the Fifth Circuit.
Mar 23, 1978.
565 F.2d 895

565 F.2d 895

16 Fair Empl.Prac.Cas. 387,
17 Fair Empl.Prac.Cas. 186,
15 Empl. Prac. Dec. P 8039,
17 Empl. Prac. Dec. P 8383
Willie Mae PAYNE et al., Plaintiffs-Appellees,
v.
TRAVENOL LABORATORIES, INC. and Baxter Laboratories, Inc.,
Defendants- Appellants.

No. 76-1801.

United States Court of Appeals,
Fifth Circuit.

Jan. 6, 1978.
As Amended on Denial of Rehearing and Rehearing En Banc
March 23, 1978.

Stephen N. Shulman, Patricia Magee Vaughan, Washington, D. C., James L. Robertson, Greenville, Miss., for defendants-appellants.

Nausead L. Stewart, Jackson, Miss., Richard T. Seymour, Washington, D. C., for plaintiffs-appellees.

Appeal from the United States District Court for the Northern District of Mississippi.

Before THORNBERRY, AINSWORTH and RONEY, Circuit Judges.

RONEY, Circuit Judge:

[*~895]1

This Title VII class action appeal involves four disputed paragraphs of an injunction. The first paragraph, being a general injunction against employment discrimination on the basis of "color, race or sex," violates Fed.R.Civ.P. 65(d), which requires specificity and detail in injunctive orders. It must be set aside. The next three paragraphs involve educational employment requirements of tenth grade, twelfth grade, and college degree for various jobs, which requirements are alleged to discriminate against prospective black employees. Because plaintiffs lack standing to contest the tenth grade requirement, the injunctive relief ordered in respect to that education requirement is set aside. The relief ordered as to the twelfth grade and college degree requirements is supported by the record, and is affirmed. Both parties agree that a fifth paragraph relating to coverage for pregnancy and related disabilities must be vacated in light of General Electric Co. v. Gilbert, 429 U.S. 125, 97 S.Ct. 401, 50 L.Ed.2d 343 (1976). Because the district court's opinion has been published, it is unnecessary to relate again all of the details of this lawsuit. Payne v. Travenol Laboratories, Inc., 416 F.Supp. 248 (N.D.Miss.1976).

General "Obey the Law" Injunction

2

Plaintiffs contend that a general injunction in this case should be permitted because the defendants' discrimination at the Cleveland, Mississippi, pharmaceutical manufacturing plant has been long, varied, and imaginative. Specific relief can be structured for the named plaintiffs, however, and the general relief in favor of a class of "all present, past and future black female employees and applicants at the Cleveland plant" carries the order beyond that permitted by the rules.

3

The paragraph enjoined defendants from discriminating on the basis of color, race, or sex in employment practices, prohibiting defendants from:

4

(1) Discriminating on the basis of color, race, or sex in employment practices or conditions of employment in defendants' Cleveland, Mississippi facility, against the named plaintiffs in the above captioned action or either of them, or any member of the class which they represent, as such class is defined in the court's memorandum of opinion this day released in said action.

[*~895]5

This paragraph clearly fails to satisfy the requirement that an injunction "be specific in terms" and "describe in reasonable detail . . . the act or acts sought to be restrained . . . ." Fed.R.Civ.P. 65(d). This command of specificity is a reflection of the seriousness of the consequences which may flow from a violation of an injunctive order. See Pasadena City Board of Education v. Spangler, 427 U.S. 424, 438-39, 96 S.Ct. 2697, 2706, 49 L.Ed.2d 599 (1976). The word "discriminating," like the word "monopolizing" in Schine Chain Theatres, Inc. v. United States, 334 U.S. 110, 125-26, 68 S.Ct. 947, 92 L.Ed. 1245 (1948), is too general. The provision is more specific than Title VII itself only in that it does not prohibit employment discrimination based on religion and natural origin. See 42 U.S.C.A. § 2000e-2. Such "obey the law" injunctions cannot be sustained. See, e. g., NLRB v. Express Publishing Co., 312 U.S. 426, 435-36, 61 S.Ct. 693, 85 L.Ed. 930 (1941); Russell C. House Transfer & Storage Co. v. United States, 189 F.2d 349, 351 (5th Cir. 1951).

Tenth Grade Requirement: Standing

6

The second paragraph prohibited defendants from:

7

(2) Requiring a tenth grade education (or its equivalency on a General Education Development (GED) test) of applicants for employment for operative positions in defendants' said facility.

8

Defendants attack this part of the injunction on the ground that the three named plaintiffs lack standing to question the legality of the tenth grade requirement. At the time crucial to the issue of standing, when the complaint was filed, all three of the named plaintiffs satisfied the tenth grade education requirement. Indeed, the trial court found that each of the named plaintiffs had fulfilled the requirement prior to submitting applications at the Cleveland plant. Payne v. Travenol Laboratories, Inc., supra, 416 F.Supp. at 251, 252. Thus plaintiffs can hardly argue that their rejections resulted from the imposition of a discriminatory educational standard.

9

To meet the requirement for standing under Article III, a plaintiff must establish either that the asserted injury was in fact the consequence of the defendant's action or that prospective relief will remove the harm. Warth v. Seldin, 422 U.S. 490, 505, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975). As this Court recently noted in Thurston v. Dekle, 531 F.2d 1264 (5th Cir. 1976):

10

The fact that some members of the class may have had standing to raise this claim is irrelevant. . . . (T)he necessary requirement is for a named plaintiff to have standing at the time the litigation is filed. We are unaware of any case where any federal court has reached a substantive issue absent a named plaintiff who had standing at the time the action was filed.

[*~896]11

Id. at 1269-70 (emphasis in original). Here, none of the named plaintiffs nor any member of the class had standing to challenge the tenth grade education requirement. From the class of "all past, present and future black female employees and applicants" the district judge excluded "all black female applicants who lack a tenth grade education or equivalency." Thus, unlike the situation presented by broadly defined Title VII classes without defined exclusions, no member of the class could claim to be aggrieved by the education requirement.

12

Citing Jenkins v. United Gas Corp., 400 F.2d 28 (5th Cir. 1968), plaintiffs argue that a named plaintiff should not be forced to remain unqualified for potential employment during the lengthy pendency of litigation challenging the employment criteria causing his disqualification. In Jenkins, we held that the named plaintiff's acceptance of a promotion, subsequent to the filing of a complaint alleging racial discrimination in the company's promotional system, moots neither the individual claim nor that of the class. If an employer could negate an employee's standing to challenge discriminatory employment practices by the simple expedient of offering him unilaterally the relief he seeks for the class, the individual-initiated enforcement structure of Title VII would be seriously jeopardized. Senter v. General Motors Corp., 532 F.2d 511 (6th Cir. 1976). The principle, however, does not apply to the instant facts. Plaintiffs, due to no act of Travenol, possessed tenth grade educations and therefore lacked standing at the time suit was filed.

13

This case must be distinguished from those in which the named plaintiffs may have little qualifications for a particular job, without regard to the disqualifying requirement they attack, such as the analyst jobs discussed in the portion of this opinion dealing with Travenol's college degree requirements. Here the named plaintiffs and each member of the class were qualified on the precise requirement which they seek to set aside.

[*~897]14

Plaintiffs also attempt to establish standing by noting that during at least 80 of the 90 days preceding the January 29, 1970, filing of plaintiff Willie Mae Payne's first EEOC charge, she failed to satisfy the tenth grade education requirement. No evidence appears in the record to suggest that Ms. Payne applied for employment during this 80-day period. Plaintiffs argue that the question whether Ms. Payne applied is irrelevant in light of the recent Supreme Court case of International Brotherhood of Teamsters v. United States, 431 U.S. 324, 97 S.Ct. 1843, 52 L.Ed.2d 396 (1977), which holds that seniority relief should not be denied to a class member who did not apply for a job when applying would be futile because of the employer's discriminatory practices. In this case, however, the trial court's definition of the class removed from consideration all applications for employment submitted to Travenol prior to March 3, 1970, so that the situation prior thereto is irrelevant on this appeal.

15

Because we hold that plaintiffs lacked standing to challenge the tenth grade education requirement, we do not address Travenol's alternative contentions, first, that plaintiffs failed to prove the requirement had a disparate impact on blacks and, second, that the requirement was justified by business necessity.

Twelfth Grade Requirement

16

The third injunctive paragraph enjoins defendants from:

17

(3) Requiring a twelfth grade education (or its GED equivalency) as a condition of employment in office, clerical, technician and supervisory positions in defendants' said facility.

[*~898]18

In respect to his provision, defendants contend that the court measured the degree of disparate impact by an incorrect statistical referent. Travenol, citing Robinson v. City of Dallas, 514 F.2d 1271 (5th Cir. 1975), argues that the trial judge should have drawn his statistics from Travenol's operative work force rather than the general population because most of the positions requiring twelfth grade educations are filled through the promotion of assemblers and material handlers. The evidence in this case, however, shows that although a large majority of the employees occupying positions subject to the twelfth grade requirement were promoted from operative jobs, a not insignificant number were hired from the general population. The trial court's consideration of general population data was therefore not improper. Evidence in the record amply supports the trial court's findings of disparate impact and lack of business necessity. The third paragraph of the injunction is therefore affirmed.

College Degree Requirement

19

The fourth injunctive paragraph enjoins defendants from:

20

(4) Requiring a college degree as a qualification for the positions of systems, traffic, or scheduling analyst, in defendants' said facility.

[*~899]21

Travenol challenges this part of the injunction on two grounds. First, it maintains that plaintiffs failed to prove the discriminatory impact of the college degree requirement. Travenol employed only five analysts subject to the college degree requirement and urges that positions having so few incumbents cannot properly be subject to statistical proofs of disparate impact. The proper focus when determining the disparate impact of an employment condition is on those excluded by the requirement, not on the number of positions to be filled as Travenol suggests. See Green v. Missouri Pacific Railroad, 523 F.2d 1290, 1294 (8th Cir. 1975). The record contains ample evidence that the college degree requirement, not adopted until 1968, rendered "ineligible (for employment) a markedly disproportionate number of Negroes . . . ." Griggs v. Duke Power Co., 401 U.S. 424, 429, 91 S.Ct. 849, 852, 28 L.Ed.2d 158 (1971). The defendants failed to prove that the requirement was justified by business necessity.

22

Second, Travenol maintains that plaintiffs' class action cannot properly extend to the employment practices applicable to analyst positions. In short, Travenol argues that the level of capability required for these positions is such that, even absent the college degree requirement, plaintiffs would never be serious candidates for them. Even assuming that the named plaintiffs were not strictly affected by the college education requirement, this Court's policy regarding class actions in employment discrimination cases dictates that plaintiffs could properly challenge Travenol's college degree requirement. Plaintiffs' action is an "across the board" attack on unequal employment practices alleged to have been committed by Travenol pursuant to a policy of racial discrimination. As parties who have allegedly been aggrieved by some of those discriminatory practices, plaintiffs have demonstrated a sufficient nexus to enable them to represent other class members suffering from different practices motivated by the same policies. Barnett v. W. T. Grant Co., 518 F.2d 543 (4th Cir. 1975); see Long v. Sapp, 502 F.2d 34 (5th Cir. 1974); Jack v. American Linen Supply Co., 498 F.2d 122 (5th Cir. 1974); Johnson v. Georgia Highway Express, Inc., 417 F.2d 1122 (5th Cir. 1969).

23

The injunction entered by the district court is reversed as to paragraphs (1) and (2) and the fifth unnumbered paragraph relating to pregnancy disabilities, and said paragraphs are hereby vacated and deleted. The injunction is affirmed as to paragraphs (3) and (4). Each party will bear his own costs in connection with this appeal.

24

REVERSED AND VACATED IN PART AFFIRMED IN PART.