23 Fair empl.prac.cas. 525, 23 Empl. Prac. Dec. P 31,039 Seattle University, a Washington Nonprofit Corporation v. United States Department of Health, Education and Welfare, an Agency of the United States of America

621 F.2d 992 23 Fair Empl.Prac.Cas. 525 , 23 Empl. Prac. Dec. P 31,039 SEATTLE UNIVERSITY, a Washington Nonprofit Corporation, Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, an agency of the United States of America, Defendant-Appellant. No. 78-1746. United States Court of Appeals, Ninth Circuit. June 19, 1980. Robert J. Walerius, Seattle, Wash., for defendant-appellant. Marie E. Klimesz, Dept. of Justice, Washington, D. C., for plaintiff-appellee. Appeal from the United States District Court for the Western District of Washington. Before CHOY and FERGUSON, Circuit Judges, and BARTELS, * District Judge. PER CURIAM: 1 Section 901(a) of the Education Amendments of 1972, codified at 20 U.S.C. § 1681 (a), 1 prohibits discrimination on the basis of sex under any education program or activity receiving federal financial assistance. The Department of Health, Education and Welfare ("HEW"), pursuant to 20 U.S.C. § 1682 , 2 promulgated regulations designed to effectuate the directive of § 901(a). The regulations in dispute, 45 C.F.R. §§ 86.51 -.61, 3 are addressed to the employment practices of educational institutions. The…