Tommie Y. MOORE, Plaintiff-Appellant, v. HUGHES HELICOPTERS, INC., a DIVISION OF SUMMA CORPORATION, Defendant-Appellee

This case concerns the proper use of the “disparate impact” model of proof in employment discrimination cases. Tommie Moore is a black female employee of Hughes Helicopters, Inc. (“Hughes”), a manufacturer of commercial and military helicopters. Moore, suing on behalf of a class of black female Hughes employees, alleges that Hughes has discriminated against black females in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et seq. The alleged discrimination occurred in the selection of employees for supervisory and upper-level craft positions from 1975 through 1979. The case went to trial before Judge Robert J. Kelleher in October 1980. At the conclusion of Moore’s case, Hughes moved for an involuntary dismissal pursuant to Fed.R.Civ.P. 41(b). In May 1981, the case was transferred to Judge Manuel L. Real, to whom, by stipulation of the parties, the Rule 41(b) motion was submitted on the transcript and exhibits from the presentation of Moore’s case. On August 27, 1981, the district court granted Hughes’ motion and made an award of costs.

Moore appeals the dismissal of her case, the denial of her earlier motion for summary judgment, the limited…