[Download] "White v. Carlucci" by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: White v. Carlucci
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 12, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
JERRY E. SMITH, Circuit Judge: In this case, we must determine whether and to what extent a Title VII plaintiff must show a likelihood of irreparable harm for a preliminary injunction to issue. Plaintiff Alfred White is a civilian employee of the United States Navy who worked as a Deputy Equal Employment Officer before filing this lawsuit. On December 18, 1987, he brought this action alleging racial discrimination in violation of, inter alia, Title VII of the [Text Deleted by Court Emendation] Civil Rights Act of 1964. By letter dated February 11, 1988, plaintiff was reassigned to a new position as a program analyst at the same command post. This new job involved skills similar to those of the old job and provided identical compensation and benefits. Plaintiff moved to enjoin preliminarily the reassignment pending the resolution of his claims. A magistrate held a lengthy hearing and explicitly found that plaintiff had not established a likelihood of irreparable injury and therefore denied the injunction.1 This interlocutory appeal followed. The government, asserting that the appeal is frivolous, asks us to impose sanctions.