Berg v. Richmond Unified School District
This text of 572 F.2d 709 (Berg v. Richmond Unified School District) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
Before MERRILL and KOELSCH, Circuit Judges, and SMITH,
The judgment of the district court is vacated. This case is remanded for further proceedings which should be sufficient to enable the court:
1. To give reconsideration to the sick-pay issue in light of General Electric Co. v. Gilbert, 429 U.S. 125, 97 S.Ct. 401, 50 L.Ed.2d 343 (1976), and Nashville Gas Co. v. Satty, 434 U.S. 136, 98 S.Ct. 347, 54 L.Ed.2d 356 (1977), including consideration of the question (if it be advanced by Berg) whether the district’s policy disallowing sick pay was a pretext for discrimination.
2. To give consideration to the question whether the issue relating to the school district’s interim maternity leave policy has been rendered moot by intervening legislation.
3. To resolve any issues not yet reached by the court, including appellee’s paternity leave claim and claim against Dr. Snod-grass.
Honorable Russell E. Smith, United States District Judge for the District of Montana, sitting by designation.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
572 F.2d 709, 16 Empl. Prac. Dec. (CCH) 8287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berg-v-richmond-unified-school-district-ca9-1978.