United States v. Fresno Unified School District

FURTHER MEMORANDUM AND ORDER GRANTING MOTION TO DISMISS

On December 11,1975, the Attorney General filed suit on behalf of the United States against the defendant School District, the District Superintendent and members of the District’s Governing Board. The complaint alleges that the actions of the defendants “. . . constitute a pattern or practice of resistance to the full enjoyment by women of the right to equal employment opportunity guaranteed them by Title VII.”

The complaint further alleges that the court has jurisdiction on the basis of Title 42, United States Code, Section 2000e-6(b) which authorizes so-called pattern or practice suits and Title 28, United States Code, Section 1345 which is the general jurisdictional grant to the district courts to entertain actions specifically authorized by statute.

The defendants have moved to dismiss the complaint and the action pursuant to Federal Rules of Civil Procedure 12(b)(1) for lack of jurisdiction over the subject matter and 12(b)(6) for failure to state a claim upon which relief can be granted. Defendants assert that the Attorney General has no present authority under Title 42, United States Code, Section 2000e-6, to bring…