Eeoc v. Peabody Western Coal Company

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

EQUAL EMPLOYMENT OPPORTUNITY No. 12-17780

COMMISSION,

Plaintiff-Appellant, D.C. No. 2:01-cv-01050- v. JWS

PEABODY WESTERN COAL

COMPANY; NAVAJO NATION, Rule ORDER AND 19 defendant, AMENDED Defendants-Appellees, OPINION

v.

KEVIN K. WASHBURN, Esquire; SALLY JEWELL, in her official capacity as Secretary of the Interior, Third-Party-Defendants-Appellees.

Appeal from the United States District Court for the District of Arizona John W. Sedwick, District Judge, Presiding

Argued and Submitted May 12, 2014—San Francisco, California

Filed September 26, 2014 Amended November 19, 2014 Before: Susan P. Graber, William A. Fletcher, and Richard A. Paez, Circuit Judges.

Opinion by Judge W. Fletcher

SUMMARY*

Title VII / Tribal Affairs

The panel filed an order amending its previous opinion, and in the amended opinion the panel affirmed the district court’s summary judgment against the Equal Employment Opportunity Commission with respect to its claim that Title VII of the Civil Rights Act of 1964 prohibited the…