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Stotts' Denial Of Hiring And Promotion Preferences For Nonvictims: Draining The "Spirit" From Title Vii, Mary C. Daly
Stotts' Denial Of Hiring And Promotion Preferences For Nonvictims: Draining The "Spirit" From Title Vii, Mary C. Daly
Fordham Urban Law Journal
The author questions whether the dicta in a recent Supreme Court case, Local Union No. 1784 v. Stotts, effectively narrow the scope of relief available under Title VII to non-victims. Specifically, the Court addressed affirmative action and the possible reparations under a Title VII employment race discrimination class action. The dicta in question appear to limit courts' ability to grant relief to "non-victims" (individuals who were not named parties in an employment discrimination suit) in the form of consent decrees or post-trial injunctive relief. The author examines Supreme Court caselaw on affirmative action, the legislative history of the 1964 Civil …
Title Vii Of The Civil Rights Act Of 1964- Seniority Provisions Of Union Collective Bargaining Agreement Held Controlling Over Eeoc Affirmative Action Hiring Program. Jersey Central Power & Light Co. V. Local 327, Ibew, 508 F.2d 687 (3d Cir. 1975)., Ira E. Goldberg
Fordham Urban Law Journal
Plaintiff, Jersey Central Power & Light Company (Jersey Central), a large public utility, was economically forced to announce a series of plant wide layoffs. The collective bargaining agreement in force between Jersey Central and various unions required that layoffs be conducted in reverse order of seniority, i.e., the last person hired is the first person to be fired. A conciliation agreement among Jersey Central, the unions and the Federal Equal Employment Opportunity Commission (EEOC) called for the company to begin an affirmative action program designed to increase employment opportunities for women and minority workers. Plaintiff sought a declaratory judgment in …