albemarle
paper
moody
argued
april
decided
june
together
halifax
local
papermakers
paperworkers
moody
et
also
certiorari
respondents
certified
class
present
former
negro
employees
brought
action
petitioners
employer
albemarle
paper
employees
union
seeking
injunctive
relief
policy
practice
custom
usage
plant
violative
title
vii
civil
rights
act
amended
equal
employment
opportunity
act
several
years
discovery
moved
add
class
backpay
demand
trial
major
issues
plant
seniority
system
program
employment
testing
backpay
district
found
following
reorganization
new
agreement
negro
employees
locked
lower
paying
job
classifications
ordered
petitioners
implement
system
plantwide
seniority
refused
however
order
backpay
losses
sustained
plaintiff
class
discriminatory
system
grounds
albemarle
breach
title
vii
found
bad
faith
respondents
initially
disclaimed
interest
backpay
delayed
making
backpay
claim
five
years
complaint
filed
thereby
prejudicing
petitioners
also
refused
enjoin
limit
albemarle
testing
program
respondents
contended
disproportionate
adverse
impact
blacks
shown
related
job
performance
concluding
personnel
tests
administered
plant
undergone
validation
studies
proven
job
related
respondents
appealed
backpay
tests
issues
appeals
reversed
district
judgment
held
given
finding
unlawful
discrimination
backpay
denied
reasons
applied
generally
frustrate
central
statutory
purposes
manifested
congress
enacting
title
vii
eradicating
discrimination
throughout
economy
making
persons
whole
injuries
suffered
past
discrimination
pp
absence
bad
faith
sufficient
reason
denying
backpay
title
vii
concerned
employer
good
intent
absence
discriminatory
intent
congress
directed
thrust
act
consequences
employment
practices
simply
motivation
griggs
duke
power
pp
whether
respondents
tardiness
inconsistency
making
backpay
demand
excusable
whether
actually
prejudiced
petitioners
matters
open
review
appeals
district
remand
decides
decline
backpay
award
pp
clear
griggs
supra
equal
employment
opportunity
commission
guidelines
employers
seeking
determine
professional
validation
studies
whether
employment
tests
job
related
tests
impermissible
unless
shown
professionally
acceptable
methods
predictive
significantly
correlated
important
elements
work
behavior
comprise
relevant
job
jobs
candidates
evaluated
measured
standard
albemarle
validation
study
materially
defective
odd
patchwork
results
application
validated
two
general
ability
tests
used
albemarle
skilled
lines
progression
two
tests
apparently
required
compared
test
scores
subjective
supervisorial
rankings
affording
means
knowing
criteria
supervisors
considering
focused
mostly
job
groups
near
top
various
lines
progression
fact
best
employees
working
near
top
line
progression
score
well
test
necessarily
mean
test
permissibly
measures
qualifications
new
workers
entering
lower
level
jobs
dealt
white
workers
tests
given
new
job
applicants
younger
largely
inexperienced
many
instances
nonwhite
pp
view
facts
appellate
stages
litigation
albemarle
apparently
amending
departmental
organization
use
made
tests
issues
standards
proof
job
relatedness
evidentiary
procedures
involving
validation
tests
clarified
provisional
use
tests
pending
new
validation
efforts
may
authorized
district
remand
initially
fashion
necessary
relief
stewart
delivered
opinion
douglas
brennan
white
marshall
rehnquist
joined
marshall
post
rehnquist
post
filed
concurring
opinions
blackmun
filed
opinion
concurring
judgment
post
burger
filed
opinion
concurring
part
dissenting
part
post
powell
took
part
consideration
decision
cases
francis
lowden
argued
cause
petitioners
briefs
gordon
busdicker
charles
charles
blanchard
julian
allsbrook
warren
woods
argued
cause
petitioner
brief
leonard
appel
levonne
chambers
argued
cause
respondents
cases
brief
jack
greenberg
james
nabrit
iii
charles
stephen
ralston
eric
schnapper
morris
baller
barry
goldstein
robert
belton
conrad
pearson
clayton
albert
rosenthal
louis
pollak
james
turner
argued
cause
et
al
amici
curiae
urging
affirmance
cases
brief
solicitor
general
bork
assistant
attorney
general
pottinger
mark
evans
brian
landsberg
david
rose
john
hoyle
julia
cooper
joseph
eddins
beatrice
fn
briefs
amici
curiae
cases
filed
gerard
smetana
jerry
kronenberg
milton
smith
richard
berman
chamber
commerce
harold
flannery
paul
dimond
william
caldwell
robert
wallace
william
brown
iii
lloyd
cutler
erwin
griswold
lawyer
committee
civil
rights
law
american
society
personnel
administration
john
vanderstar
filed
brief
scott
paper
amicus
curiae
justice
stewart
delivered
opinion
consolidated
cases
raise
two
important
questions
title
vii
civil
rights
act
stat
amended
equal
employment
opportunity
act
stat
et
seq
ed
supp
iii
first
employees
applicants
employment
lost
opportunity
earn
wages
employer
engaged
unlawful
discriminatory
employment
practice
standards
federal
district
follow
deciding
whether
award
deny
backpay
second
must
employer
show
establish
tests
racially
discriminatory
effect
though
intent
sufficiently
job
related
survive
challenge
title
vii
respondents
plaintiffs
district
certified
class
present
former
negro
employees
paper
mill
roanoke
rapids
petitioners
defendants
district
plant
owner
albemarle
paper
plant
employees
labor
union
halifax
local
august
filing
complaint
equal
employment
opportunity
commission
eeoc
receiving
notice
right
sue
respondents
brought
class
action
district
eastern
district
north
carolina
asking
permanent
injunctive
relief
policy
practice
custom
usage
plant
violated
title
vii
respondents
assured
suit
involved
claim
monetary
awards
class
basis
june
several
years
discovery
respondents
moved
add
class
demand
backpay
ruled
issue
considered
trial
trial
july
august
major
issues
plant
seniority
system
program
employment
testing
question
backpay
opinion
november
found
petitioners
strictly
segregated
plant
departmental
lines
progression
prior
january
reserving
higher
paying
skilled
lines
whites
racial
identifiability
whole
lines
progression
persisted
lines
reorganized
new
agreement
found
however
reorganization
left
negro
employees
locked
lower
paying
job
classifications
formerly
negro
lines
progression
merely
tacked
bottom
formerly
white
lines
promotions
demotions
layoffs
continued
governed
skills
relatively
equal
system
job
seniority
plant
previous
history
overt
segregation
whites
seniority
higher
job
categories
accordingly
ordered
petitioners
implement
system
plantwide
seniority
refused
however
award
backpay
plaintiff
class
losses
suffered
job
seniority
program
explained
instant
case
evidence
bad
faith
act
appears
company
early
began
active
recruitment
blacks
maintenance
apprentice
program
certain
lines
progression
merged
initiative
judicial
decisions
expanded
existing
interpretations
act
defendants
took
steps
correct
abuses
without
delay
addition
award
back
pay
equitable
remedy
plaintiffs
claim
back
pay
filed
nearly
five
years
institution
action
prayed
pleadings
although
neither
party
charged
deliberate
dilatory
tactics
bringing
cause
trial
apparent
defendants
substantially
prejudiced
granting
affirmative
relief
defendants
might
chosen
exercise
unusual
zeal
determine
rights
earlier
date
known
back
pay
issue
personnel
tests
administered
plant
undergone
validation
studies
proven
job
related
defendants
carried
burden
proof
proving
tests
necessary
safe
efficient
operation
business
therefore
permitted
act
however
high
school
education
requirement
used
conjunction
testing
requirements
unlawful
personnel
tests
alone
adequate
measure
mental
ability
reading
skills
required
job
classifications
compensatory
nature
back
pay
award
strong
congressional
policy
embodied
title
vii
district
must
exercise
discretion
back
pay
manner
must
exercise
discretion
attorney
fees
title
ii
civil
rights
act
thus
plaintiff
complaining
class
successful
obtaining
injunction
title
vii
act
ordinarily
awarded
back
pay
unless
special
circumstances
render
award
unjust
newman
piggie
park
enterprises
omitted
approve
validation
study
done
without
job
analysis
allow
albemarle
require
tests
lines
progression
validation
study
allow
albemarle
require
person
pass
two
tests
entrance
lines
progression
one
tests
validated
line
progression
granted
certiorari
evident
circuit
conflict
standards
governing
awards
backpay
showing
required
establish
job
relatedness
tests
ii
whether
particular
member
plaintiff
class
awarded
backpay
much
questions
involved
review
equities
individual
cases
never
reached
though
least
members
plaintiff
class
obviously
suffered
loss
wage
opportunities
account
albemarle
unlawfully
discriminatory
system
job
seniority
district
decided
backpay
awarded
anyone
class
declined
make
award
two
stated
grounds
lack
evidence
bad
faith
act
fact
defendants
substantially
prejudiced
award
backpay
demanded
contrary
earlier
representation
late
progress
litigation
relying
directly
newman
piggie
park
enterprises
appeals
reversed
holding
backpay
denied
special
circumstances
petitioners
argue
appeals
error
district
virtually
unfettered
discretion
award
deny
backpay
abuse
discretion
piggie
park
enterprises
supra
directly
point
held
attorneys
fees
ordinarily
awarded
special
circumstances
plaintiffs
successful
obtaining
injunctions
discrimination
public
accommodations
title
ii
civil
rights
act
act
appears
leave
title
ii
fee
awards
district
discretion
determined
great
public
interest
injunctive
actions
brought
vindicated
successful
plaintiffs
acting
private
attorneys
general
awarded
attorneys
fees
unusual
circumstances
course
equally
strong
public
interest
injunctive
actions
brought
title
vii
eradicate
discriminatory
employment
practices
interest
vindicated
applying
piggie
park
standard
attorneys
fees
provision
title
vii
see
northcross
memphis
board
education
guidance
granting
denial
backpay
one
must
therefore
look
elsewhere
petitioners
contend
statutory
scheme
provides
guidance
beyond
indicating
backpay
awards
within
district
discretion
disagree
true
backpay
automatic
mandatory
remedy
like
remedies
act
one
courts
may
invoke
scheme
implicitly
recognizes
may
cases
calling
one
remedy
another
owing
structure
federal
judiciary
choices
course
left
first
instance
district
courts
however
discretionary
choices
left
inclination
judgment
judgment
guided
sound
legal
principles
burr
cas
cc
marshall
power
award
backpay
bestowed
congress
part
complex
legislative
design
directed
historic
evil
national
proportions
must
exercise
power
light
large
objectives
act
hecht
bowles
discretion
equitable
nature
see
curtis
loether
hardly
means
unfettered
meaningful
standards
shielded
thorough
appellate
review
mitchell
demario
jewelry
held
face
silent
statute
district
courts
enjoyed
historic
power
equity
award
lost
wages
workmen
unlawfully
discriminated
fair
labor
standards
act
stat
amended
ed
simultaneously
noted
statutory
purposes
leave
little
room
exercise
discretion
order
reimbursement
true
quity
eschews
mechanical
rules
depends
flexibility
holmberg
armbrecht
congress
invokes
chancellors
conscience
transcendent
legislative
purposes
required
principled
application
standards
consistent
purposes
equity
varies
like
chancellor
foot
important
national
goals
frustrated
regime
discretion
produce
different
results
breaches
duty
situations
differentiated
policy
moragne
marine
lines
district
decision
must
therefore
measured
purposes
inform
title
vii
observed
griggs
duke
power
primary
objective
prophylactic
one
achieve
equality
employment
opportunities
remove
barriers
operated
past
favor
identifiable
group
white
employees
employees
also
purpose
title
vii
make
persons
whole
injuries
suffered
account
unlawful
employment
discrimination
shown
fact
congress
took
care
arm
courts
full
equitable
powers
historic
purpose
equity
secur
complete
justice
brown
swann
pet
see
also
porter
warner
holding
federally
protected
rights
invaded
rule
beginning
courts
alert
adjust
remedies
grant
necessary
relief
bell
hood
title
vii
deals
legal
injuries
economic
character
occasioned
racial
antiminority
discrimination
terms
complete
justice
necessary
relief
acquired
clear
meaning
circumstances
racial
discrimination
concerned
district
merely
power
duty
render
decree
far
possible
eliminate
discriminatory
effects
past
well
bar
like
discrimination
future
louisiana
legal
injury
economic
character
general
rule
wrong
done
law
gives
remedy
compensation
shall
equal
injury
latter
standard
former
measured
injured
party
placed
near
may
situation
occupied
wrong
committed
wicker
hoppock
wall
provisions
subsection
intended
give
courts
wide
discretion
exercising
equitable
powers
fashion
complete
relief
possible
dealing
present
section
courts
stressed
scope
relief
section
act
intended
make
victims
unlawful
discrimination
whole
attainment
objective
rests
upon
elimination
particular
unlawful
employment
practice
complained
also
requires
persons
aggrieved
consequences
effects
unlawful
employment
practice
far
possible
restored
position
unlawful
discrimination
cong
rec
follows
given
finding
unlawful
discrimination
backpay
denied
reasons
applied
generally
frustrate
central
statutory
purposes
eradicating
discrimination
throughout
economy
making
persons
whole
injuries
suffered
past
discrimination
courts
appeals
must
maintain
consistent
principled
application
backpay
provision
consonant
twin
statutory
objectives
time
recognizing
trial
often
keener
appreciation
facts
circumstances
peculiar
particular
cases
district
stated
grounds
denying
backpay
case
must
tested
standards
first
ground
albemarle
breach
title
vii
bad
faith
sufficient
reason
denying
backpay
employer
shown
bad
faith
maintaining
practice
knew
illegal
highly
questionable
legality
make
claims
whatsoever
chancellor
conscience
title
vii
mere
absence
bad
faith
simply
opens
door
equity
depress
scales
employer
favor
backpay
awardable
upon
showing
bad
faith
remedy
become
punishment
moral
turpitude
rather
compensation
workers
injuries
read
make
whole
purpose
right
title
vii
worker
injury
less
real
simply
employer
inflict
bad
faith
title
vii
concerned
employer
good
intent
absence
discriminatory
intent
congress
directed
thrust
act
consequences
employment
practices
simply
motivation
griggs
duke
power
see
also
watson
city
memphis
wright
council
city
emporia
condition
awarding
backpay
showing
bad
faith
open
enormous
chasm
injunctive
backpay
relief
title
vii
nothing
face
statute
legislative
history
justifies
creation
drastic
categorical
distinctions
two
remedies
district
also
grounded
denial
backpay
fact
respondents
initially
disclaimed
interest
backpay
first
asserting
claim
five
years
complaint
filed
concluded
petitioners
prejudiced
conduct
appeals
reversed
ground
broad
aims
title
vii
require
issue
back
pay
fully
developed
determined
even
though
raised
stage
litigation
true
title
vii
contains
legal
bar
raising
backpay
claims
complaint
injunctive
relief
filed
indeed
trial
complaint
furthermore
fed
rule
civ
proc
directs
every
final
judgment
shall
grant
relief
party
whose
favor
rendered
entitled
even
party
demanded
relief
pleadings
iii
griggs
duke
power
unanimously
held
title
vii
forbids
use
employment
tests
discriminatory
effect
unless
employer
meets
burden
showing
given
requirement
manifest
relationship
employment
question
burden
arises
course
complaining
party
class
made
prima
facie
case
discrimination
shown
tests
question
select
applicants
hire
promotion
racial
pattern
significantly
different
pool
applicants
see
mcdonnell
douglas
green
employer
meet
burden
proving
tests
job
related
remains
open
complaining
party
show
tests
selection
devices
without
similarly
undesirable
racial
effect
also
serve
employer
legitimate
interest
efficient
trustworthy
workmanship
showing
evidence
employer
using
tests
merely
pretext
discrimination
present
case
however
concerned
question
whether
albemarle
shown
tests
job
related
concept
job
relatedness
takes
meaning
facts
griggs
case
power
company
north
carolina
reserved
skilled
jobs
whites
prior
thereafter
company
allowed
negro
workers
transfer
skilled
jobs
transferees
white
negro
required
attain
national
median
scores
two
tests
wonderlic
personnel
test
purports
measure
general
intelligence
bennett
mechanical
comprehension
test
neither
directed
intended
measure
ability
learn
perform
particular
job
category
jobs
adopted
appeals
noted
without
meaningful
study
relationship
ability
rather
vice
president
company
testified
requirements
instituted
company
judgment
generally
improve
overall
quality
work
force
nothing
act
precludes
use
testing
measuring
procedures
obviously
useful
congress
forbidden
giving
devices
mechanisms
controlling
force
unless
demonstrably
reasonable
measure
job
performance
congress
commanded
tests
used
must
measure
person
job
person
abstract
question
job
relatedness
must
viewed
context
plant
operation
history
testing
program
plant
employs
persons
converts
raw
wood
paper
products
organized
number
functional
departments
one
distinct
lines
progression
theory
workers
move
line
acquire
necessary
skills
number
structure
lines
varied
greatly
time
many
years
certain
lines
skilled
paid
higher
wages
others
skilled
lines
expressly
reserved
white
workers
many
unskilled
negro
lines
onto
skilled
white
lines
apparently
remains
true
least
top
jobs
certain
lines
require
greater
skills
top
jobs
lines
sense
least
still
possible
speak
relatively
skilled
relatively
unskilled
lines
plant
modernized
new
sophisticated
equipment
company
introduced
high
school
diploma
requirement
entry
skilled
lines
though
company
soon
concluded
requirement
improve
quality
labor
force
requirement
continued
district
enjoined
use
late
company
began
using
beta
examination
bennett
mechanical
comprehension
test
also
involved
griggs
case
screen
applicants
entry
skilled
lines
bennett
test
dropped
several
years
later
use
beta
test
continued
company
added
wonderlic
tests
skilled
lines
theory
certain
verbal
intelligence
called
increasing
sophistication
plant
operations
company
made
attempt
validate
test
job
relatedness
simply
adopted
national
norm
score
point
new
job
applicants
discontinued
overt
segregation
lines
progression
company
allowed
negro
workers
transfer
skilled
lines
pass
beta
wonderlic
tests
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pt
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employees
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work
force
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without
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statistically
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confidence
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statistically
significant
footnotes
relevant
procedures
may
found
supp
iii
see
mcdonnell
douglas
green
alexander
see
also
infra
title
vii
backpay
liability
exists
practices
occurring
effective
date
act
july
accrues
date
two
years
prior
filing
charge
eeoc
see
supp
iii
thus
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possible
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plant
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infra
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en
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reject
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recognizing
backpay
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awarded
class
basis
title
vii
without
exhaustion
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procedures
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public
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gas
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lorillard
georgia
power
head
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iii
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finds
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include
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pay
payable
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may
responsible
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pay
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years
prior
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eldon
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action
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employees
without
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pay
effectuate
policies
subchapter
backpay
provision
title
vii
provides
found
unlawful
employment
practice
may
enjoin
practice
order
affirmative
action
may
appropriate
may
include
limited
reinstatement
hiring
employees
without
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pay
supp
iii
framers
title
vii
stated
using
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vii
provision
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jury
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title
vii
cases
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backpay
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ervin
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years
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supp
iii
necessary
therefore
district
decline
award
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carefully
articulate
reasons
district
thought
breach
title
vii
bad
faith
judicial
decisions
recently
focused
directly
discriminatory
impact
seniority
systems
also
noted
albemarle
taken
steps
recruit
black
workers
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eliminate
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departmental
merger
backpay
remedy
nlra
title
vii
remedy
modeled
see
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fully
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even
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mfg
american
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nlrb
laidlaw
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title
vii
recognizes
complete
narrow
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employment
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discriminated
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statutes
inconsistent
title
vii
see
kober
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case
decide
whether
decisions
correct
effect
title
vii
state
statutes
inconsistent
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see
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informed
us
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company
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bennett
beta
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plant
officials
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results
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displayed
chart
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american
psychological
association
standards
educational
psychological
tests
manuals
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apa
standards
volume
title
containing
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district
remand
relative
backpay
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affirms
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bar
raising
claim
backpay
title
vii
time
proceedings
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tardy
entry
prayer
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particularly
difficult
establish
backpay
title
vii
cases
generally
computed
respect
affected
employee
group
employees
determining
amount
compensation
lost
direct
result
employer
discriminatory
decision
hire
promote
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plaintiff
class
limited
present
former
employees
petitioner
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positions
race
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findings
offsetting
computations
wages
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information
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pay
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pay
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indulgent
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basis
deny
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title
vii
complainant
compensatory
backpay
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hether
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iii
construed
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discriminated
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provisions
title
vii
civil
rights
act
stat
amended
equal
employment
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act
stat
et
seq
ed
supp
iii
plaintiffs
entitled
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right
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invasion
plaintiff
rights
story
parchment
patterson
title
vii
cases
also
courts
relied
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whether
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plaintiff
proves
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discrimination
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damages
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judgment
amount
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may
merit
equitable
characterization
title
vii
cases
surely
basis
characterizing
award
compensatory
punitive
damages
equitable
relief
omitted
sense
amendment
may
well
construed
embrace
suits
equity
admiralty
jurisdiction
whatever
may
peculiar
form
may
assume
settle
legal
rights
thus
believe
broad
latitude
opinion
reposes
district
courts
decision
whether
backpay
shall
awarded
consistent
statute
supported
policy
considerations
favor
expeditious
disposition
may
made
numerous
claims
behalf
frequently
large
classes
sitting
without
jury
ante
backpay
remedy
provided
title
vii
modeled
remedial
provisions
nlra
spoke
breadth
latter
provision
phelps
dodge
nlrb
said
must
avoid
rigidities
rule
remedy
back
pay
must
remembered
entrusted
board
discretion
mechanically
compelled
act
applying
authority
back
pay
orders
board
used
stereotyped
formulas
availed
freedom
given
congress
attain
results
diverse
complicated
situations
cursory
canvass
decisions
district
courts
courts
appeals
confront
problems
much
often
suggests
frequently
recurring
problem
area
difficulty
ascertaining
sufficient
causal
connection
employer
conduct
properly
found
violation
statute
ascertainable
amount
backpay
lost
particular
claimant
result
conduct
cert
denied
appeals
eighth
circuit
aptly
described
difficulty
fashioning
award
backpay
circumstances
upheld
district
refusal
award
backpay
norman
missouri
cert
denied
standard
determine
right
back
pay
date
compute
right
back
pay
courts
found
back
pay
awards
appropriate
remedies
title
vii
actions
generally
recognized
awards
limited
actual
damages
important
understand
exact
nature
class
relief
sought
plaintiffs
money
damages
sought
member
class
matter
specific
individual
relief
class
members
app
award
backpay
indeed
governed
equitable
considerations
simply
thinly
disguised
form
damages
factors
others
may
argue
favor
equities
either
plaintiff
defendants
must
open
consideration
district
like
nlrb
must
avail
freedom
given
congress
attain
results
diverse
complicated
situations
phelps
dodge
nlrb
justice
blackmun
concurring
judgment
concur
judgment
agree
said
opinion
statutory
authority
making
awards
backpay
title
vii
cases
cast
language
emphasizes
flexibility
discretion
fashioning
appropriate
remedy
finds
respondent
intentionally
engaged
intentionally
engaging
unlawful
employment
practice
charged
complaint
may
enjoin
respondent
engaging
unlawful
employment
practice
order
affirmative
action
may
appropriate
may
include
limited
reinstatement
hiring
employees
without
back
pay
equitable
relief
deems
appropriate
stat
amended
stat
supp
iii
emphasis
added
also
agree
decision
vacate
judgment
appeals
insofar
appeared
require
injunction
testing
albemarle
join
however
apparent
view
absolute
compliance
eeoc
guidelines
sine
qua
non
test
validation
guidelines
course
deserve
deference
normally
due
agency
statements
based
agency
experience
expertise
nevertheless
guidelines
question
never
subjected
test
adversary
comment
theories
guidelines
based
beyond
dispute
simple
truth
tests
like
attempts
predict
future
never
completely
accurate
bear
mind
testing
long
fairly
related
job
skills
work
characteristics
desired
possesses
potential
effective
weapon
protecting
equal
employment
opportunity
unique
capacity
measure
applicants
objectively
standardized
basis
fear
application
eeoc
guidelines
leave
employer
little
choice
save
impossibly
expensive
complex
validation
study
engage
subjective
quota
system
employment
selection
course
far
intent
title
vii
chief
justice
burger
concurring
part
dissenting
part
agree
opinion
insofar
holds
availability
backpay
matter
title
vii
commits
sound
equitable
discretion
trial
agree
application
principle
case
method
reviewing
district
findings
regarding
albemarle
testing
policy
respect
backpay
issue
must
emphasized
albemarle
held
liable
practicing
overt
racial
discrimination
undisputed
voluntarily
discontinued
practices
prior
effective
date
title
vii
statute
apply
acts
occurring
passage
basis
albemarle
liability
seniority
system
perpetuated
effects
past
discrimination
district
pointed
law
regarding
employer
obligation
cure
effects
unclear
considerable
period
time
moreover
district
finding
albemarle
act
bad
faith
simply
determination
thought
seniority
system
legal
rather
finding
prior
filing
lawsuit
took
steps
integrate
minorities
labor
force
promptly
fulfill
obligations
law
developed
light
background
suggestion
district
conditioned
awards
backpay
upon
showing
bad
faith
ante
incorrect
moreover
district
findings
point
disregarded
irrelevant
opinion
notes
one
congress
major
purposes
giving
district
courts
discretion
award
backpay
title
vii
actions
encourage
employers
unions
employment
practices
endeavor
eliminate
far
possible
last
vestiges
unfortunate
ignominious
page
country
history
ante
token
employers
assessed
backpay
even
attempted
good
faith
conform
law
little
incentive
eliminate
marginal
practices
bound
judgment
plainly
district
findings
relate
reasons
applied
generally
frustrate
central
statutory
purposes
ante
respondents
waited
five
years
changing
original
position
disclaiming
backpay
belatedly
seeking
thus
suggesting
desire
made
whole
major
reason
pursuit
litigation
say
district
abused
discretion
denying
remedy
treatment
testing
issue
equally
troubling
entire
analysis
based
upon
wooden
application
eeoc
guidelines
says
entitled
great
deference
administrative
interpretation
title
vii
griggs
duke
power
reliance
upon
griggs
misplaced
dealing
guidelines
state
test
must
demonstrated
job
related
qualify
exemption
contained
title
vii
stat
device
designed
intended
used
discriminate
interpretation
specific
statutory
language
supported
act
legislative
history
observed
good
reason
treat
guidelines
expressing
congress
see
also
espinoza
farah
mfg
contrast
guidelines
upon
relies
relate
methods
proving
job
relatedness
interpret
section
title
vii
nowhere
referred
legislative
history
moreover
federal
regulations
submitted
public
comment
scrutiny
required
administrative
procedure
act
thus
slavish
adherence
eeoc
guidelines
regarding
test
validation
required
provisions
title
suggests
guides
entitled
weight
testimony
experts
field
employment
testing
district
considered
guidelines
case
resolved
conflicts
favor
albemarle
experts
example
respect
question
whether
validating
tests
persons
near
top
line
progression
permissible
measure
minimal
qualifications
new
workers
ante
district
found
group
tested
typical
employees
skilled
lines
progression
selected
top
middle
various
lines
professional
studies
shown
tests
validated
narrow
range
competence
greater
chance
test
validate
even
broader
range
job
candidates
well
present
employees
tested
app
district
concluded
albemarle
entirely
justified
maintaining
type
seniority
system
insured
employees
certain
degree
training
experience
findings
regarding
absence
bad
faith
follows
appears
company
early
began
active
recruitment
blacks
maintenance
apprentice
program
certain
lines
progression
merged
initiative
judicial
decisions
expanded
existing
interpretations
act
defendants
took
steps
correct
abuses
without
delay
app
points
ante
district
reasons
denying
backpay
cumulative
favor
one
policy
title
vii
exclusion
others
fear
comment
mere
formality
light
fact
many
eeoc
guidelines
universally
accepted
example
guideline
relating
differential
validation
upon
relies
case
ante
questioned
american
psychological
association
see
georgia
power