mcdonnell
douglas
green
argued
march
decided
may
respondent
black
civil
rights
activist
engaged
disruptive
illegal
activity
petitioner
part
protest
discharge
employee
petitioner
firm
general
hiring
practices
racially
motivated
petitioner
subsequently
advertised
qualified
personnel
rejected
respondent
application
ground
illegal
conduct
respondent
filed
complaint
equal
employment
opportunity
commission
eeoc
charging
violation
title
vii
civil
rights
act
eeoc
found
reasonable
cause
believe
petitioner
rejection
respondent
violated
act
forbids
discrimination
applicants
employees
attempting
protest
correct
allegedly
discriminatory
employment
conditions
made
finding
respondent
allegation
petitioner
also
violated
prohibits
discrimination
employment
decision
following
unsuccessful
eeoc
conciliation
efforts
respondent
brought
suit
district
ruled
respondent
illegal
activity
protected
dismissed
claim
eeoc
made
finding
respect
thereto
appeals
affirmed
ruling
reversed
respect
holding
eeoc
determination
reasonable
cause
jurisdictional
prerequisite
claiming
violation
provision
federal
held
complaint
right
bring
suit
civil
rights
act
confined
charges
eeoc
made
finding
district
error
holding
contrary
harmless
since
issues
raised
respect
identical
respect
dismissal
former
charge
may
prejudiced
respondent
efforts
trial
pp
private
complaint
title
vii
charging
racial
employment
discrimination
complaint
burden
establishing
prima
facie
case
satisfy
showing
belongs
racial
minority
ii
applied
qualified
job
employer
trying
fill
iii
though
qualified
rejected
iv
thereafter
employer
continued
seek
applicants
complainant
qualifications
appeals
though
correctly
holding
respondent
proved
prima
facie
case
erred
holding
petitioner
discharged
burden
proof
rebuttal
showing
stated
reason
rehiring
refusal
based
respondent
illegal
activity
remand
respondent
must
afforded
fair
opportunity
proving
petitioner
stated
reason
pretext
racially
discriminatory
decision
showing
whites
engaging
similar
illegal
activity
retained
hired
petitioner
evidence
may
relevant
depending
circumstances
include
facts
petitioner
discriminated
respondent
employee
followed
discriminatory
policy
toward
minority
employees
pp
powell
delivered
opinion
unanimous
veryl
riddle
argued
cause
petitioner
briefs
mcroberts
thomas
walsh
louis
gilden
argued
cause
respondent
brief
jack
greenberg
james
nabrit
iii
william
robinson
albert
rosenthal
milton
smith
lawrence
cohen
filed
brief
chamber
commerce
amicus
curiae
urging
reversal
solicitor
general
griswold
assistant
attorney
general
pottinger
deputy
solicitor
general
wallace
keith
jones
david
rose
julia
cooper
beatrice
rosenberg
filed
brief
amicus
curiae
urging
affirmance
justice
powell
delivered
opinion
case
us
raises
significant
questions
proper
order
nature
proof
actions
title
vii
civil
rights
act
stat
et
seq
petitioner
mcdonnell
douglas
aerospace
aircraft
manufacturer
headquartered
louis
missouri
employs
people
respondent
black
citizen
louis
worked
petitioner
mechanic
laboratory
technician
august
laid
course
general
reduction
petitioner
work
force
respondent
activist
civil
rights
movement
protested
vigorously
discharge
general
hiring
practices
petitioner
racially
motivated
part
protest
respondent
members
congress
racial
equality
illegally
stalled
cars
main
roads
leading
petitioner
plant
purpose
blocking
access
time
morning
shift
change
district
judge
described
plan
respondent
participation
follows
ive
teams
consisting
four
cars
tie
five
main
access
roads
mcdonnell
time
morning
rush
hour
drivers
cars
instructed
line
next
completely
blocking
intersections
roads
drivers
also
instructed
stop
cars
turn
engines
pull
emergency
brake
raise
windows
lock
doors
remain
cars
police
arrived
plan
cars
remain
position
one
hour
acting
stall
plan
plaintiff
respondent
present
action
drove
car
onto
brown
road
mcdonnell
access
road
approximately
start
morning
rush
hour
plaintiff
aware
traffic
problems
result
stopped
car
intent
block
traffic
police
arrived
shortly
requested
plaintiff
move
car
refused
move
car
voluntarily
plaintiff
car
towed
away
police
arrested
obstructing
traffic
plaintiff
pleaded
guilty
charge
obstructing
traffic
fined
supp
three
weeks
following
july
petitioner
publicly
advertised
qualified
mechanics
respondent
trade
respondent
promptly
applied
petitioner
turned
respondent
basing
rejection
respondent
participation
shortly
thereafter
respondent
filed
formal
complaint
equal
employment
opportunity
commission
claiming
petitioner
refused
rehire
race
persistent
involvement
civil
rights
movement
violation
civil
rights
act
former
section
generally
prohibits
racial
discrimination
employment
decision
latter
forbids
discrimination
applicants
employees
attempting
protest
correct
allegedly
discriminatory
conditions
employment
commission
made
finding
respondent
allegation
racial
bias
find
reasonable
cause
believe
petitioner
violated
refusing
rehire
respondent
civil
rights
activity
commission
unsuccessfully
attempted
conciliate
dispute
advised
respondent
march
right
institute
civil
action
federal
within
days
april
respondent
brought
present
action
claiming
initially
violation
amended
complaint
violation
well
district
dismissed
latter
claim
racial
discrimination
petitioner
hiring
procedures
ground
commission
failed
make
determination
reasonable
cause
believe
violation
section
committed
district
also
found
petitioner
refusal
rehire
respondent
based
solely
participation
illegal
demonstrations
legitimate
civil
rights
activities
concluded
nothing
title
vii
protected
activity
employed
plaintiff
stall
lock
demonstrations
appeal
eighth
circuit
affirmed
unlawful
protests
protected
activities
reversed
dismissal
respondent
claim
relating
racially
discriminatory
hiring
practices
holding
prior
commission
determination
reasonable
cause
jurisdictional
prerequisite
raising
claim
section
federal
ordered
case
remanded
trial
respondent
claim
remanding
appeals
attempted
set
forth
standards
govern
consideration
respondent
claim
majority
noted
respondent
established
prima
facie
case
racial
discrimination
petitioner
refusal
rehire
respondent
rested
subjective
criteria
carried
little
weight
rebutting
charges
discrimination
though
respondent
participation
unlawful
demonstrations
might
indicate
lack
responsible
attitude
toward
performing
work
employer
respondent
given
opportunity
demonstrate
petitioner
reasons
refusing
rehire
mere
pretext
order
clarify
standards
governing
disposition
action
challenging
employment
discrimination
granted
certiorari
agree
appeals
absence
commission
finding
reasonable
cause
bar
suit
appropriate
section
title
vii
district
judge
erred
dismissing
respondent
claim
racial
discrimination
respondent
satisfied
jurisdictional
prerequisites
federal
action
filing
timely
charges
employment
discrimination
commission
ii
receiving
acting
upon
commission
statutory
notice
right
sue
act
restrict
complainant
right
sue
charges
commission
made
findings
reasonable
cause
engraft
statute
requirement
may
inhibit
review
claims
employment
discrimination
federal
courts
commission
consider
absence
reasonable
cause
determination
providing
employer
immunity
similar
charges
federal
cfr
courts
appeal
held
view
large
volume
complaints
commission
nonadversary
character
many
proceedings
actions
title
vii
de
novo
proceedings
commission
reasonable
cause
finding
bar
lawsuit
case
robinson
lorillard
beverly
lone
star
lead
construction
flowers
local
laborers
international
union
north
america
fekete
steel
petitioner
argues
respondent
sustained
prejudice
trial
erroneous
ruling
fact
issue
racial
discrimination
refusal
tried
thoroughly
trial
lasting
four
days
least
questions
relating
issue
race
petitioner
therefore
requests
judgment
vacated
cause
remanded
instructions
judgment
district
affirmed
agree
dismissal
respondent
claim
harmless
error
clear
district
findings
respondent
contentions
involved
identical
issues
raised
claim
former
section
relates
solely
discrimination
applicant
employee
account
participation
legitimate
civil
rights
activities
protests
latter
section
deals
broader
centrally
important
question
act
whether
reason
racially
discriminatory
employment
decision
made
moreover
respondent
accorded
right
prepare
case
plan
strategy
trial
knowledge
cause
action
properly
district
accordingly
remand
case
trial
respondent
claim
racial
discrimination
consistent
views
set
forth
ii
critical
issue
us
concerns
order
allocation
proof
private
action
challenging
employment
discrimination
language
title
vii
makes
plain
purpose
congress
assure
equality
employment
opportunities
eliminate
discriminatory
practices
devices
fostered
racially
stratified
job
environments
disadvantage
minority
citizens
griggs
duke
power
castro
beecher
chance
board
examiners
quarles
philip
morris
supp
ed
noted
griggs
supra
congress
intend
title
vii
however
guarantee
job
every
person
regardless
qualifications
short
act
command
person
hired
simply
formerly
subject
discrimination
member
minority
group
discriminatory
preference
group
minority
majority
precisely
congress
proscribed
required
congress
removal
artificial
arbitrary
unnecessary
barriers
employment
barriers
operate
invidiously
discriminate
basis
racial
impermissible
classification
case
respondent
complainant
charges
denied
employment
involvement
civil
rights
activities
race
color
petitioner
denied
discrimination
kind
asserting
failure
respondent
based
upon
justified
participation
unlawful
conduct
thus
issue
trial
remand
framed
opposing
factual
contentions
two
opinions
appeals
several
opinions
three
judges
attempted
notable
lack
harmony
state
applicable
rules
burden
proof
shifts
upon
making
prima
facie
case
address
problem
complainant
title
vii
trial
must
carry
initial
burden
statute
establishing
prima
facie
case
racial
discrimination
may
done
showing
belongs
racial
minority
ii
applied
qualified
job
employer
seeking
applicants
iii
despite
qualifications
rejected
iv
rejection
position
remained
open
employer
continued
seek
applicants
persons
complainant
qualifications
instant
case
agree
appeals
respondent
proved
prima
facie
case
petitioner
sought
mechanics
respondent
trade
continued
respondent
rejection
petitioner
moreover
dispute
respondent
qualifications
acknowledges
past
work
performance
petitioner
employ
satisfactory
burden
must
shift
employer
articulate
legitimate
nondiscriminatory
reason
employee
rejection
need
attempt
instant
case
detail
every
matter
fairly
recognized
reasonable
basis
refusal
hire
petitioner
assigned
respondent
participation
unlawful
conduct
cause
rejection
think
suffices
discharge
petitioner
burden
proof
stage
meet
respondent
prima
facie
case
discrimination
appeals
intimated
however
petitioner
stated
reason
refusing
rehire
respondent
subjective
rather
objective
criterion
carr
ies
little
weight
rebutting
charges
discrimination
among
statements
caused
dissenting
judge
read
opinion
taking
position
unlawful
acts
green
committed
mcdonnell
legally
entitle
mcdonnell
refuse
hire
even
though
racial
motivation
involved
regardless
whether
intended
import
opinion
think
seriously
underestimated
rebuttal
weight
petitioner
reasons
entitled
respondent
admittedly
taken
part
carefully
planned
designed
tie
access
egress
petitioner
plant
peak
traffic
hour
nothing
title
vii
compels
employer
absolve
rehire
one
engaged
deliberate
unlawful
activity
upholding
national
labor
relations
act
discharge
employees
seized
forcibly
retained
employer
factory
buildings
illegal
strike
noted
pertinently
unable
conclude
congress
intended
compel
employers
retain
persons
employ
regardless
unlawful
conduct
invest
go
strike
immunity
discharge
acts
trespass
violence
employer
property
apart
question
constitutional
validity
enactment
sort
enough
say
legislative
intention
found
definite
unmistakable
expression
nlrb
fansteel
evidence
may
relevant
showing
pretext
includes
facts
petitioner
treatment
respondent
prior
term
employment
petitioner
reaction
respondent
legitimate
civil
rights
activities
petitioner
general
policy
practice
respect
minority
employment
latter
point
statistics
petitioner
employment
policy
practice
may
helpful
determination
whether
petitioner
refusal
rehire
respondent
case
conformed
general
pattern
discrimination
blacks
jones
lee
way
motor
freight
blumrosen
strangers
paradise
griggs
duke
power
concept
employment
discrimination
rev
short
retrial
respondent
must
given
full
fair
opportunity
demonstrate
competent
evidence
presumptively
valid
reasons
rejection
fact
coverup
racially
discriminatory
decision
appeared
rely
upon
griggs
duke
power
supra
stated
employment
practice
operates
exclude
negroes
shown
related
job
performance
practice
prohibited
griggs
differs
instant
case
important
respects
dealt
standardized
testing
devices
however
neutral
face
operated
exclude
many
blacks
capable
performing
effectively
desired
positions
griggs
rightly
concerned
childhood
deficiencies
education
background
minority
citizens
resulting
forces
beyond
control
allowed
work
cumulative
invidious
burden
citizens
remainder
lives
respondent
however
appears
different
clothing
engaged
seriously
disruptive
act
one
seeks
employment
petitioner
seek
exclusion
basis
testing
device
overstates
necessary
competent
performance
sweeping
disqualification
past
record
unlawful
behavior
however
remote
insubstantial
unrelated
applicant
personal
qualifications
employee
petitioner
assertedly
rejected
respondent
unlawful
conduct
absence
proof
pretext
discriminatory
application
reason
thought
kind
artificial
arbitrary
unnecessary
barriers
employment
found
intention
congress
remove
iii
sum
respondent
allowed
pursue
claim
evidence
retrial
substantially
accord
us
case
think
respondent
carried
burden
establishing
prima
facie
case
racial
discrimination
petitioner
successfully
rebutted
case
end
matter
retrial
respondent
must
afforded
fair
opportunity
demonstrate
petitioner
assigned
reason
refusing
pretext
discriminatory
application
district
judge
finds
must
order
prompt
appropriate
remedy
absence
finding
petitioner
refusal
rehire
must
stand
judgment
vacated
cause
hereby
remanded
district
proceedings
consistent
opinion
ordered
footnotes
appeals
noted
respondent
filed
formal
complaints
discrimination
president
commission
civil
rights
justice
department
department
navy
defense
department
missouri
commission
human
rights
occurred
picketing
demonstration
action
civil
rights
organization
entrance
downtown
office
building
housed
part
petitioner
offices
certain
petitioner
employees
working
time
chain
padlock
placed
front
door
building
prevent
ingress
egress
although
respondent
acknowledges
chairman
action
time
demonstration
planned
staged
group
participated
indeed
charge
picket
line
front
building
told
advance
member
action
planning
chain
front
door
approved
chaining
door
evidence
respondent
personally
took
part
actual
arrested
app
appeals
majority
however
found
record
support
trial
conclusion
green
actively
cooperated
chaining
doors
downtown
louis
building
demonstration
see
also
concurring
opinion
judge
lay
judge
johnsen
dissent
agreed
district
chaining
padlocking
carried
planned
green
fact
given
approval
authorization
view
respondent
admitted
participation
unlawful
find
unnecessary
resolve
contradictory
contentions
surrounding
section
civil
rights
act
pertinent
part
provides
shall
unlawful
employment
practice
employer
fail
refuse
hire
discharge
individual
otherwise
discriminate
individual
respect
compensation
terms
conditions
privileges
employment
individual
race
color
religion
sex
national
origin
shall
unlawful
employment
practice
employer
discriminate
employees
applicants
employment
opposed
practice
made
unlawful
employment
practice
subchapter
respondent
also
contested
legality
discharge
petitioner
courts
held
claim
barred
statute
limitations
respondent
challenge
rulings
respondent
sought
review
issue
references
part
revised
opinion
appeals
superseded
part
initial
opinion
respect
order
nature
proof
tr
oral
arg
brief
petitioner
trial
discuss
respondent
claim
opinion
denied
requests
discovery
statistical
materials
may
relevant
claim
respondent
initially
charged
petitioner
complaint
filed
april
discrimination
involvement
civil
rights
activities
app
amended
complaint
filed
march
plaintiff
broadened
charge
include
denial
employment
race
violation
app
see
original
opinion
majority
panel
heard
case
concurring
opinion
judge
lay
first
opinion
judge
johnsen
dissenting
part
revised
opinion
majority
supplemental
dissent
judge
johnsen
petition
rehearing
en
banc
denied
evenly
divided
appeals
facts
necessarily
vary
title
vii
cases
specification
prima
facie
proof
required
respondent
necessarily
applicable
every
respect
differing
factual
situations
note
issue
may
properly
used
test
qualifications
employment
present
case
employers
instituted
employment
tests
qualifications
exclusionary
effect
minority
applicants
requirements
must
shown
bear
demonstrable
relationship
successful
performance
jobs
used
griggs
duke
power
castro
beecher
chance
board
examiners
tr
oral
arg
trial
judge
noted
personal
injury
property
damage
resulted
due
solely
fact
law
enforcement
officials
obtained
notice
advance
plaintiff
respondent
demonstration
scene
remove
plaintiff
car
highway
supp
unlawful
activity
case
directed
specifically
petitioner
need
consider
decide
whether
circumstances
unlawful
activity
directed
particular
employer
may
legitimate
justification
refusing
hire
aware
factors
indeed
considered
district
judge
finding
defendant
petitioner
reasons
refusing
rehire
plaintiff
motivated
solely
simply
plaintiff
participation
stall
lock
demonstrations
intimate
finding
must
overturned
consideration
remand
respondent
claim
however
insist
respondent
must
given
full
fair
opportunity
demonstrate
competent
evidence
whatever
stated
reasons
rejection
decision
reality
racially
premised
district
may
example
determine
reasonable
discovery
racial
composition
defendant
labor
force
reflective
restrictive
exclusionary
practices
see
blumrosen
supra
caution
general
determinations
helpful
may
controlling
individualized
hiring
decision
particularly
presence
otherwise
justifiable
reason
refusing
rehire
see
generally
bethlehem
steel
supp
wdny
order
modified
blumrosen
supra
see
course
predictive
evaluation
resistant
empirical
proof
whether
applicant
past
participation
unlawful
conduct
directed
prospective
employer
might
indicate
applicant
lack
responsible
attitude
toward
performing
work
employer
case
given
seriousness
harmful
potential
respondent
participation
accompanying
inconvenience
employees
said
petitioner
refusal
employ
lacked
rational
neutral
business
justification
noted
elsewhere
past
conduct
may
well
relate
present
fitness
past
loyalty
may
reasonable
relationship
present
future
trust
garner
los
angeles
board