Croker v. Boeing Co. (Vertol Division)

Summary

The United States Court of Appeals for the Third Circuit, sitting en banc, reviewed orders in a class action alleging racial discrimination in employment at Boeing’s Vertol Division under Title VII and 42 U.S.C. §§ 1981 and 1985. The court held that the appeal was timely because the judgment was not final until the amount of civil-rights attorney’s fees was determined, and it addressed whether purposeful discrimination was required for a § 1981 claim.

Holdings

1. An order is not final for appeal purposes until the amount of attorney's fees is set, when the court has determined entitlement but not amount.
2. Section 1981's reach does not extend to facially neutral conduct having a disproportionate impact; proof of intentional discrimination is required.
3. The district court's findings were not clearly erroneous.
4. Under Dickerson, class-member witnesses who are not named plaintiffs and whose class claims fail are not entitled to individual relief unless they intervene.
5. Title VII plaintiffs enjoy no blanket protection from Rule 54(d); costs are awarded to prevailing parties as a matter of course.

Questions Presented

1. Whether an order is final for appeal purposes when the district court has determined entitlement to attorney's fees but not the amount.
2. Whether proof of discriminatory purpose is required to establish a violation of 42 U.S.C. §1981.
3. Whether the district court erred in finding that the employees failed to prove a pattern or practice of racial discrimination in initial placement, promotions, and discipline under Title VII.
4. Whether class-member witnesses who are not named plaintiffs and whose class claims fail are entitled to individual relief.
5. Whether costs may be awarded against a losing Title VII plaintiff only under extraordinary circumstances.

Disposition

other