Mengelkoch
Mengelkoch v. Industrial Welfare Commission
Opinion
Opinion
Stephens, J.
OPINION AND ORDER ON MOTION TO DISSOLVE THREE-JUDGE COURT
This is an action brought for declaratory and other appropriate relief pursuant to the Civil Rights Act of 1964.
Plaintiffs, three female employees of defendant North American Aviation, Inc., are suing to have Section 1350 of the California Labor Code (a maximum hours for women law), declared unconstitutional as violating the Equal Protection Clause of the 14th Amendment to the Constitution of the United States, or invalid as conflicting with Title VII of the Civil Rights Act of 1964 [42 U.S.C. § 2000e-7]. Plaintiffs, suing in their own behalf and purportedly in behalf of all similarly situated women in the State of California, seek to enjoin defendants California Industrial Welfare Commission and the California Division of Industrial Welfare from enforcing § 1350, C.L.C. and to enjoin defendant North American from further violations of Title VII of the Civil Rights Act.
Plaintiffs requested that a three-judge court be convened to hear and determine the case pursuant to Title 28 U. S.C. § 2281 and § 2284. A three-judge court was appointed and convened. Defendants Division of Industrial Welfare and the Industrial Welfare…