Berg v. Richmond Unified School District

572 F.2d 709 16 Empl. Prac. Dec. P 8287 Sonja Lynn BERG, Individually and on behalf of all other female employees of the Richmond Unified School District, Plaintiff-Appellee, v. RICHMOND UNIFIED SCHOOL DISTRICT, Richmond Board of Education, and W. W. Snodgrass, Defendants-Appellants. No. 74-1457. United States Court of Appeals, Ninth Circuit. March 31, 1978. 1 Arthur W. Walenta, Jr. (argued), Martinez, Cal., for defendants-appellants. 2 Mary C. Dunlap (argued), of Davis, Dunlap & Williams, San Francisco, Cal., for plaintiff-appellee. ORDER 3 Before MERRILL and KOELSCH, Circuit Judges, and SMITH, * District Judge. 4 The judgment of the district court is vacated. This case is remanded for further proceedings which should be sufficient to enable the court: 5 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. 6 2. To give consideration to the question…