20 Fair empl.prac.cas. 172, 20 Empl. Prac. Dec. P 30,084 Michael J. Tyler, on Behalf of Himself and All Persons Similarly Situated v. Reynolds Metals Company, a Delaware Corporation

600 F.2d 232 20 Fair Empl.Prac.Cas. 172 , 20 Empl. Prac. Dec. P 30,084 Michael J. TYLER, on behalf of himself and all persons similarly situated, Plaintiff-Appellant, v. REYNOLDS METALS COMPANY, a Delaware Corporation, Defendant-Appellee. No. 76-2361. United States Court of Appeals, Ninth Circuit. July 5, 1979. Steven L. Parker (argued), and Henry L. Zalut, Phoenix, Ariz., for plaintiff-appellant. Philip E. von Ammon (argued), of Fennemore, Craig, von Ammon & Udall, Phoenix, Ariz., for defendant-appellee. Appeal from the United States District Court for the District of Arizona. Before ELY and TANG, Circuit Judges, and ORRICK, * District Judge. PER CURIAM. 1 On December 27, 1973, Michael Tyler, a black male, filed a complaint with the Equal Employment Opportunity Commission (EEOC). Tyler charged that his employer, Reynolds Metal Co. (Reynolds), had terminated his employment while he was off the job due to illness, although it did not terminate white employees similarly on sick leave. Tyler filed a second charge with the EEOC on January 9, 1974, claiming that Reynolds, by refusing to rehire him, had retaliated against him for filing the first charge. The EEOC assumed…