Equal Employment Opportunity Commission v. Carter Carburetor, Division of ACF Industries, Inc.

577 F.2d 43, 17 Fair Empl. Prac. Cas. (BNA) 706, 25 Fed. R. Serv. 2d 806, 1978 U.S. App. LEXIS 10958, 16 Empl. Prac. Dec. (CCH) 8333
CourtCourt of Appeals for the Eighth Circuit
DecidedMay 30, 1978
DocketNo. 77-1657
StatusPublished
Cited by1 cases

This text of 577 F.2d 43 (Equal Employment Opportunity Commission v. Carter Carburetor, Division of ACF Industries, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Equal Employment Opportunity Commission v. Carter Carburetor, Division of ACF Industries, Inc., 577 F.2d 43, 17 Fair Empl. Prac. Cas. (BNA) 706, 25 Fed. R. Serv. 2d 806, 1978 U.S. App. LEXIS 10958, 16 Empl. Prac. Dec. (CCH) 8333 (8th Cir. 1978).

Opinion

ROSS, Circuit Judge.

The Equal Employment Opportunity Commission (EEOC) appeals from a discovery sanctions order entered by the district court on February 10, 1977. The defendants, Carter Carburetor, Division of ACF Industries, Inc., Local 819 of the United Automobile, Aerospace and Agricultural Implement Workers of America, and the international union, moved to dismiss the appeal for lack of jurisdiction. That motion was denied without prejudice on November 2, 1977, and is presently before this court along with the merits.

I.

On July 17, 1975, the EEOC filed suit against Carter Carburetor and the union [44]*44defendants pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. The EEOC alleged that the defendants had discriminated on the basis of race with regard to hiring, promotion, apprenticeship, training, job classification, and discharge. It also alleged sex discrimination with regard to maternity leave and disability benefits. It sought to permanently enjoin the defendants from engaging in any employment practice which discriminates because of race or sex. It also sought an order that the company institute and carry out policies, practices and affirmative action programs providing equal employment opportunities for Negroes and women to eradicate the effects of past discrimination; an order that the company make whole the persons adversely affected by the unlawful employment practices; and other necessary and proper relief.

The complaint was based upon a charge of racial discrimination filed with the EEOC by Wendell Holmes, Charles Gamble, Otha Lewis, and Charles Peoples; and on a charge of sex discrimination filed on behalf of Sandra Moore.

Since its inception this litigation has been plagued by discovery problems caused, to some extent, by antagonistic and noncoop-erating counsel from both the company and the EEOC. The order in dispute arose from Carter Carburetor’s second set of interrogatories which was served on the EEOC on or about August 13, 1976. Through these interrogatories Carter Carburetor sought, inter alia, identification of every individual who had been affected by each discriminatory policy alleged. The EEOC requested a stay on answering the 11 interrogatories seeking identification of discriminatees. That motion was denied on November 4, 1976, and the EEOC filed its supplemental answers on December 20, 1976. It responded, essentially, that it would be unable to identify other acts of discrimination until it had completed discovery. It stated that, in accordance with Rule 26(e) of the Federal Rules of Civil Procedure, it would supplement its responses to the interrogatories.

On December 30, 1976, Carter Carburetor moved for sanctions against the EEOC for its wilful refusal to answer interrogatories.1 The motion was set for argument on February 4, 1977. However, at that time, the district court ordered the parties to confer and reach a conclusion.

When no satisfactory resolution was reached by February 10, 1977, the district court entered its memorandum and order finding that, under the circumstances, sanctions were appropriate. The court found that dismissal was too harsh a sanction because the questions which the EEOC had not answered concerned only individuals other than those specified in the triggering charges. The following order was entered on February 10, 1977:

For the purposes of this action, the following facts shall be taken to be established:

(1) The defendant Carter Carburetor Company did not discriminate against any person on the basis of race, with the possible exception of Wendell Holmes, Charles Gamble, Otha Lewis, or Charles Peoples, as to which individuals plaintiff shall bear the burden of proof at trial;

(2) The defendant Carter Carburetor Company did not discriminate against any person on the basis of sex, with the possible exception of Sandra Moore, as to whom the Commission shall bear the burden of proof at trial.

IT IS FURTHER ORDERED that at the trial of this matter the plaintiff shall be prohibited from offering any evidence as to any discrimination by defendant against any person other than Wendell Holmes, Charles Gamble, Otha Lewis, Charles Peoples or Sandra Moore.

[45]*45IT IS FURTHER ORDERED that the plaintiff shall pay to defendant Five Hundred Dollars ($500.00) attorneys’ fees incurred as a result of plaintiff’s failure to provide discovery.

The EEOC filed a motion to reconsider, which was denied, and then appealed from the sanctions order.

II.

Jurisdiction.

Carter Carburetor contends that the sanctions order is not appealable and this court does not have jurisdiction of the purported appeal. The EEOC argues that the order is immediately appealable under the collateral test of Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Alternatively, the EEOC contends that since the effect of the order is to prevent it from proving the nature, extent and duration of Carter Carburetor’s discriminatory policies, it will not be able to get injunctive relief against many discriminatory practices alleged in its complaint. Thus, the EEOC argues, it is appealable under 28 U.S.C. § 1292(a)(1) as a denial of an injunction.

Because we find that the district court exceeded its power in issuing the sanctions order and mandamus is an appropriate remedy, we do not reach the jurisdictional contention raised by the parties.

We acknowledge that mandamus is not to be used as a substitute for appeal. See Schlagenhauf v. Holder, 379 U.S. 104, 110, 85 S.Ct. 234, 13 L.Ed.2d 152 (1964), citing Ex parte Fahey, 332 U.S. 258, 259-60, 67 S.Ct. 1558, 91 L.Ed. 2041 (1947). However, the writ is appropriate when there is “usurpation of judicial power” or “a clear abuse of discretion.” Schlagenhauf v. Holder, supra, 379 U.S. at 110, 85 S.Ct. 234, citing Bankers Life & Casualty Co. v. Holland, 346 U.S. 379, 383, 74 S.Ct. 145, 98 L.Ed. 106 (1953). After reviewing the history of discovery in this case and the manner in which the sanctions order was entered, we find this an appropriate case for the issuance of a writ of mandamus.

III.

Discovery Background.

Because the history of discovery significantly influenced our decision we will set forth, in detail, what has transpired.

In the course of discovery the EEOC has filed two sets of interrogatories addressed to defendant Carter Carburetor. Through its first set of 11 interrogatories, filed on August 18, 1975, the EEOC sought detailed information about Carter Carburetor’s computer or electronic data processing equipment, including but not limited to, locations of computers, programming information, and capabilities of the computers.

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577 F.2d 43, 17 Fair Empl. Prac. Cas. (BNA) 706, 25 Fed. R. Serv. 2d 806, 1978 U.S. App. LEXIS 10958, 16 Empl. Prac. Dec. (CCH) 8333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equal-employment-opportunity-commission-v-carter-carburetor-division-of-ca8-1978.