Dailey
Dailey v. Norton
Opinion
Lead Opinion
MEMORANDUM ***
Russell T. Dailey appeals the district court’s summary judgment for the United States Department of the Interior, Bureau of Land Management, in his suit brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Dailey was an employee of the BLM from 1974 until 1996.
Dailey argues that he was transferred because he was a male without custody of his children and that males without custody of their children should be considered a protected class. In support of his argument, Dailey cites Phillips v. Martin Marietta Corp., 400 U.S. 542 , 91 S.Ct. 496 , 27 L.Ed.2d 613 (1971). Phillips held that in the absence of a business necessity, an employer may not refuse to hire women with preschool age children while hiring men with such children.
Phillips is the opposite of Dailey’s case. In Phillips , the employer made an adverse employment decision that impacted women with children. Here, the employer allegedly made an adverse employment decision impacting men without children. No case law, however, supports Dailey’s contention that men who do not have custody of their children are in a protected group for purposes of Title VII.