ford
motor
eeoc
argued
april
decided
june
held
employer
charged
discrimination
hiring
title
vii
civil
rights
act
toll
continuing
accrual
backpay
liability
title
vii
unconditionally
offering
claimant
job
previously
denied
required
offer
seniority
retroactive
date
alleged
discrimination
thus
absent
special
circumstances
rejection
employer
unconditional
job
offer
ends
accrual
potential
backpay
liability
pp
rule
serves
title
vii
objective
ending
discrimination
voluntary
compliance
gives
employer
strong
incentive
hire
claimant
require
retroactive
seniority
offer
addition
unconditional
job
offer
fails
provide
incentive
makes
hiring
claimant
costly
hiring
another
applicant
job
pp
unemployed
underemployed
claimant
statutory
obligation
minimize
damages
requires
accept
unconditional
job
offer
even
without
retroactive
seniority
rule
announced
merely
embodies
requirement
minimizing
damages
without
affecting
claimant
right
compensation
pp
rule
announced
also
consistent
policy
full
compensation
claimant
good
fortune
find
attractive
job
offered
employer
charged
discrimination
availability
better
job
terminates
ongoing
ill
effect
latter
refusal
hire
claimant
pp
since
rule
announced
rests
statutory
requirement
claimant
minimize
damages
fact
longer
incurs
additional
injury
able
find
work
least
attractive
charged
employer
rule
almost
circumstances
consistent
title
vii
object
making
injured
claimants
whole
pp
require
retroactive
seniority
offer
addition
unconditional
job
offer
threaten
interests
innocent
incumbent
employees
disrupting
established
seniority
hierarchy
attendant
risk
innocent
employee
unfairly
laid
disadvantaged
title
vii
claimant
granted
seniority
pp
delivered
opinion
burger
white
powell
rehnquist
stevens
joined
blackmun
filed
dissenting
opinion
brennan
marshall
joined
post
john
wester
argued
cause
petitioner
briefs
robert
stern
nolte
stephen
bolerjack
david
strauss
argued
cause
pro
hac
vice
respondent
brief
solicitor
general
lee
assistant
attorney
general
reynolds
deputy
solicitor
general
wallace
michael
connolly
philip
sklover
vella
fink
robert
williams
douglas
mcdowell
thomas
bagby
filed
brief
equal
employment
advisory
council
amicus
curiae
urging
reversal
justice
delivered
opinion
case
presents
question
whether
employer
charged
discrimination
hiring
toll
continuing
accrual
backpay
liability
title
vii
simply
unconditionally
offering
claimant
job
previously
denied
whether
employer
also
must
offer
seniority
retroactive
date
alleged
discrimination
question
considerable
practical
significance
lengthy
delays
often
attend
title
vii
litigation
extended
time
frequently
takes
obtain
satisfaction
courts
may
force
discrimination
claimant
suffer
years
underemployment
unemployment
awarded
job
claimant
deserves
delays
course
affect
litigants
victim
job
discrimination
delay
especially
unfortunate
claimant
afford
stand
aside
wheels
justice
grind
slowly
toward
ultimate
resolution
lawsuit
claimant
needs
work
feed
family
restore
job
needed
case
therefore
must
determine
best
fashion
remedies
available
title
vii
fulfill
basic
need
june
july
judy
gaddis
rebecca
starr
zettie
smith
applied
ford
motor
ford
parts
warehouse
located
charlotte
jobs
picking
ordered
parts
storage
packing
shipment
time
woman
ever
worked
capacity
ford
warehouse
three
women
qualified
positions
gaddis
starr
recently
laid
equivalent
jobs
nearby
general
motors
gm
warehouse
smith
comparable
prior
experience
smith
applied
openings
filled
gaddis
starr
applied
least
two
positions
remained
available
ford
however
filled
three
vacant
positions
men
gaddis
filed
charge
federal
equal
employment
opportunity
commission
eeoc
claiming
ford
discriminated
sex
january
gm
recalled
gaddis
starr
former
positions
warehouse
following
july
still
working
gm
single
vacancy
opened
ford
ford
offered
job
gaddis
without
seniority
retroactive
application
ford
offer
however
require
gaddis
abandon
compromise
title
vii
claim
ford
gaddis
accept
job
part
want
woman
working
warehouse
part
want
lose
seniority
earned
gm
ford
made
unconditional
offer
starr
declined
reasons
gaddis
starr
continued
work
gm
warehouse
warehouse
closed
laid
unsuccessfully
sought
new
employment
september
entered
government
training
program
unemployed
smith
applied
work
ford
never
hired
worked
elsewhere
though
lower
wages
earned
ford
much
time
district
decision
contrast
gaddis
starr
smith
difficulties
least
two
three
men
hired
ford
still
working
warehouse
time
trial
july
eeoc
sued
ford
district
western
district
north
carolina
alleging
ford
violated
title
vii
civil
rights
act
stat
amended
et
seq
ed
supp
iv
refusing
hire
women
charlotte
warehouse
commission
sought
injunctive
relief
backpay
victims
trial
district
found
ford
discriminated
three
women
basis
sex
awarded
backpay
amount
equal
difference
amount
earned
hired
august
amounts
actually
earned
reasonably
earnable
date
date
order
app
pet
cert
district
rejected
ford
contention
gaddis
starr
entitled
backpay
accruing
dates
declined
ford
offer
employment
appeals
fourth
circuit
affirmed
district
finding
unlawful
discrimination
well
award
gaddis
starr
backpay
accrued
july
women
rejected
ford
unconditional
job
offer
suggested
ford
promised
retroactive
seniority
job
offer
offer
cut
ford
backpay
liability
concluded
however
without
promise
retroactive
seniority
ford
offer
incomplete
unacceptable
ford
petitioned
writ
certiorari
contending
inter
alia
unconditional
job
offer
gaddis
starr
cut
accrual
backpay
liability
granted
writ
ii
section
civil
rights
act
stat
amended
governs
award
backpay
title
vii
cases
pertinent
part
provides
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
hiring
employees
without
back
pay
equitable
relief
deems
appropriate
interim
earnings
amounts
earnable
reasonable
diligence
person
persons
discriminated
shall
operate
reduce
back
pay
otherwise
allowable
emphasis
added
discretionary
choices
left
inclination
judgment
judgment
guided
sound
legal
principles
burr
cas
cc
marshall
true
quity
eschews
mechanical
rules
depends
flexibility
holmberg
armbrecht
congress
invokes
chancellor
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
omitted
iii
primary
objective
title
vii
bring
employment
discrimination
end
albemarle
paper
achiev
ing
equality
employment
opportunities
remov
ing
barriers
operated
past
favor
identifiable
group
employees
ibid
quoting
griggs
duke
power
see
also
mcdonnell
douglas
green
preferred
means
achieving
goal
ooperation
voluntary
compliance
alexander
accomplish
objective
legal
rules
fashioned
implement
title
vii
designed
consistent
title
vii
policies
encourage
title
vii
defendants
promptly
make
curative
unconditional
job
offers
title
vii
claimants
thereby
bringing
defendants
voluntary
compliance
ending
discrimination
far
quickly
litigation
proceeding
often
ponderous
pace
delays
litigation
unfortunately
commonplace
forcing
victims
discrimination
suffer
years
underemployment
unemployment
obtain
order
awarding
jobs
unlawfully
denied
better
world
perhaps
lawsuits
brought
title
vii
speed
judgment
quickly
effects
legal
rules
behavior
parties
pendency
litigation
important
consideration
live
world
however
case
illustrates
rule
tolling
accrual
backpay
liability
defendant
offers
claimant
job
originally
sought
well
serves
objective
ending
discrimination
voluntary
compliance
gives
employer
strong
incentive
hire
title
vii
claimant
claimant
may
attractive
job
applicants
job
offer
claimant
free
employer
threat
liability
backpay
damages
since
paying
backpay
damages
like
paying
extra
worker
never
came
work
ford
proposed
rule
gives
title
vii
claimant
decided
edge
competitors
job
seeks
rule
adopted
hand
fails
provide
incentive
makes
hiring
title
vii
claimant
costly
hiring
one
applicants
job
give
claimant
retroactive
seniority
adjudication
liability
employer
must
willing
pay
additional
costs
fringe
benefits
come
seniority
newly
hired
workers
usually
receive
important
employer
must
also
prepared
cope
deterioration
morale
labor
unrest
reduced
productivity
may
engendered
inserting
claimant
seniority
ladder
heads
incumbents
earned
places
work
job
many
cases
moreover
disruption
existing
seniority
system
violate
agreement
violation
entails
employer
labor
relations
rule
adopted
employer
must
willing
accept
additional
costs
hopes
toll
backpay
liability
offering
job
claimant
result
employer
less
rather
likely
hire
claimant
sum
appeals
rule
provides
incentive
employers
hire
title
vii
claimants
rule
advocated
ford
contrast
powerfully
motivates
employers
put
title
vii
claimants
work
thus
ending
ongoing
discrimination
promptly
possible
iv
title
vii
primary
goal
course
end
discrimination
victims
job
discrimination
want
jobs
lawsuits
unlawful
discrimination
occur
title
vii
secondary
fallback
purpose
compensate
victims
injuries
end
aims
make
victims
unlawful
discrimination
whole
restoring
far
possible
position
unlawful
discrimination
albemarle
paper
quoting
cong
rec
remarks
williams
turn
consider
whether
rule
urged
ford
better
serves
goal
ending
discrimination
also
properly
compensates
injured
title
vii
claimants
gaddis
starr
rejected
unconditional
offer
ford
recalled
jobs
gm
tolling
ford
backpay
liability
time
ford
offer
plainly
consistent
providing
gaddis
starr
full
compensation
injuries
unemployed
underemployed
claimant
like
title
vii
claimants
subject
statutory
duty
minimize
damages
set
duty
rooted
ancient
principle
law
requires
claimant
use
reasonable
diligence
finding
suitable
employment
although
unemployed
underemployed
claimant
need
go
another
line
work
accept
demotion
take
demeaning
position
forfeits
right
backpay
refuses
job
substantially
equivalent
one
denied
consequently
employer
charged
unlawful
discrimination
often
toll
accrual
backpay
liability
unconditionally
offering
claimant
job
sought
thereby
providing
opportunity
minimize
damages
employer
unconditional
offer
job
originally
sought
unemployed
underemployed
claimant
moreover
need
supplemented
offer
retroactive
seniority
effective
lest
defendant
offer
irrationally
disfavored
relative
employers
offers
substantially
similar
jobs
claimant
plainly
required
minimize
damages
accepting
another
employer
offer
even
though
failed
grant
benefits
seniority
yet
earned
course
claimant
fulfills
requirement
minimize
damages
accepting
defendant
unconditional
offer
remains
entitled
full
compensation
wins
case
may
grant
backpay
accrued
prior
effective
date
offer
retroactive
seniority
compensation
losses
suffered
result
lesser
seniority
judgment
short
unemployed
underemployed
claimant
statutory
obligation
minimize
damages
requires
accept
unconditional
offer
job
originally
sought
even
without
retroactive
seniority
acceptance
offer
preserves
rather
jeopardizes
claimant
right
made
whole
case
unemployed
underemployed
claimant
ford
suggested
rule
merely
embodies
existing
requirement
claimant
minimize
damages
without
affecting
right
compensation
ford
proposed
rule
also
consistent
policy
full
compensation
claimant
good
fortune
find
attractive
job
defendant
availability
better
job
terminates
ongoing
ill
effects
defendant
refusal
hire
claimant
example
gaddis
starr
considered
jobs
gm
far
superior
jobs
originally
offered
ford
even
ford
hired
outset
left
ford
employ
take
new
work
continuing
hold
ford
responsible
backpay
gaddis
starr
lost
gm
jobs
require
effect
ford
insure
risks
unemployment
new
independent
undertaking
rule
merely
restore
gaddis
starr
position
unlawful
discrimination
albemarle
paper
moody
citation
omitted
catapult
better
position
enjoyed
absence
discrimination
likewise
even
gaddis
starr
considered
gm
jobs
somewhat
better
even
substantially
equivalent
positions
held
ford
ford
hired
initially
rejection
ford
unconditional
offer
taken
mean
believed
lingering
ill
effects
ford
prior
refusal
hire
extinguished
later
developments
example
thought
ford
gm
jobs
identical
every
respect
offering
identical
pay
identical
conditions
employment
identical
risks
layoff
gaddis
starr
utterly
indifferent
job
ford
gm
assuming
work
one
job
time
ongoing
economic
ill
effects
caused
ford
prior
refusal
hire
ceased
found
identical
jobs
gm
reason
accept
ford
offers
case
claimant
lands
better
job
therefore
requiring
defendant
provide
amounts
form
unemployment
insurance
claimants
found
identical
jobs
refused
defendant
unconditional
job
offer
absent
special
circumstances
grant
something
compensation
injuries
situations
claimant
power
accept
defendant
offer
abandon
superior
substantially
equivalent
replacement
job
case
unemployed
underemployed
claimant
rule
advocated
ford
acceptance
defendant
unconditional
offer
preserve
fully
ultimately
victorious
claimant
right
full
redress
effects
discrimination
claimant
chooses
follow
path
provides
inadequate
compensation
value
replacement
job
outweighs
value
defendant
job
supplemented
prospect
full
compensation
words
victim
discrimination
finds
better
substantially
equivalent
job
longer
suffers
ongoing
injury
stemming
unlawful
discrimination
thus
rule
advocated
ford
rests
comfortably
statutory
requirement
title
vii
claimant
must
minimize
damages
fact
claimant
longer
incurring
additional
injury
able
find
suitable
work
things
considered
least
attractive
defendant
reason
almost
circumstances
rule
fully
consistent
title
vii
object
making
injured
claimants
whole
sole
question
raised
regarding
whether
rule
adequately
compensates
claimants
arises
narrow
category
cases
claimant
believes
replacement
job
superior
defendant
job
without
seniority
inferior
defendant
job
benefits
seniority
present
case
example
possible
gaddis
starr
considered
gm
jobs
attractive
jobs
offered
ford
less
satisfactory
positions
held
ford
ford
hired
initially
confronted
two
options
accepted
ford
unconditional
offer
preserving
right
full
compensation
prevailed
title
vii
claims
forfeiting
favorable
positions
gm
alternatively
kept
jobs
gm
retaining
possibility
continued
employment
operation
rule
advocated
ford
losing
right
claim
backpay
ford
date
ford
offer
concluded
circumstances
ford
rule
present
gaddis
starr
intolerable
choice
depriving
opportunity
receive
full
compensation
agree
gaddis
starr
choose
two
alternatives
agree
however
opportunity
choose
deprived
compensation
option
accepting
ford
unconditional
offer
retaining
right
seek
full
compensation
trial
comport
fully
title
vii
goal
making
discrimination
victims
whole
rule
advocated
ford
gaddis
starr
chose
option
remaining
gm
jobs
rather
accept
ford
offer
thought
gm
jobs
plus
claims
backpay
accrued
prior
ford
offer
valuable
jobs
originally
sought
ford
plus
right
seek
full
compensation
hard
see
gaddis
starr
deprived
adequate
compensation
chose
venture
upon
path
seemed
attractive
ford
job
plus
right
seek
full
compensation
choice
presented
gaddis
starr
difficult
required
assess
likelihood
prevailing
trial
surely
contended
reason
alone
deprived
right
adequate
compensation
fact
life
litigation
risky
plaintiff
claim
compensation
losses
must
consider
possibility
claim
might
lost
trial
either
wrongly
litigation
error
rightly
defendant
innocent
ford
rule
merely
requires
title
vii
claimant
decide
whether
take
job
offered
defendant
retaining
rights
award
backpay
accrued
prior
effective
date
offer
retroactive
seniority
plus
compensation
losses
suffered
result
lesser
seniority
judgment
instead
whether
accept
attractive
job
another
employer
limitation
claim
backpay
damages
already
accrued
rule
urged
eeoc
adopted
contrast
perverse
result
requiring
employer
effect
insure
claimant
risk
employer
might
win
trial
therefore
conclude
claimant
rejects
offer
job
originally
sought
supplemented
right
full
compensation
choice
taken
establishing
considers
ongoing
injury
suffered
hands
defendant
ended
availability
better
opportunities
elsewhere
reason
find
absent
special
circumstances
simple
rule
ongoing
accrual
backpay
liability
tolled
title
vii
claimant
rejects
job
originally
sought
comports
title
vii
policy
making
discrimination
victims
whole
although
title
vii
remedies
depend
primarily
upon
objectives
discussed
statute
also
permits
us
consider
rights
innocent
third
parties
city
los
angeles
department
water
power
manhart
see
also
teamsters
lower
rule
places
particularly
onerous
burden
innocent
employees
employer
charged
discrimination
rule
employer
may
cap
backpay
liability
forcing
incumbent
employees
yield
seniority
person
proved
may
never
prove
unlawful
discrimination
acknowledged
numerous
occasions
seniority
plays
central
role
allocating
benefits
burdens
among
employees
light
overriding
importance
rights
american
tobacco
patterson
quoting
humphrey
moore
wary
rule
encourages
job
offers
compel
innocent
workers
sacrifice
seniority
person
claimed
yet
proved
unlawful
discrimination
sacrifice
demanded
lower
rule
moreover
leaves
displaced
workers
without
remedy
claimants
fail
establish
claims
example
layoffs
occur
title
vii
suit
pending
employer
may
furlough
innocent
worker
indefinitely
retaining
claimant
given
retroactive
seniority
claimant
subsequently
fails
prove
unlawful
discrimination
worker
unfairly
relegated
unemployment
lines
redress
wrong
done
believe
large
objectives
title
vii
albemarle
paper
moody
citation
omitted
require
innocent
employees
carry
heavy
burden
vi
conclusion
find
rule
adopted
disserves
title
vii
primary
goal
getting
victims
employment
discrimination
jobs
deserve
quickly
possible
rule
moreover
threatens
interests
innocent
employees
disrupting
established
seniority
hierarchy
attendant
risk
innocent
employee
unfairly
laid
disadvantaged
title
vii
claimant
unfairly
granted
seniority
hand
rule
title
vii
claimant
rejection
defendant
job
offer
normally
ends
defendant
ongoing
responsibility
backpay
suffers
neither
disadvantages
nevertheless
adequately
satisfying
title
vii
compensation
goals
important
also
serves
potent
force
behalf
title
vii
objective
bringing
discrimination
end
quickly
often
possible
litigation
reasons
hold
absent
special
circumstances
rejection
employer
unconditional
job
offer
ends
accrual
potential
backpay
liability
reverse
judgment
appeals
remand
proceedings
consistent
opinion
ordered
footnotes
discriminatory
refusals
hire
involved
case
occurred
years
ago
case
came
trial
ford
claimed
gaddis
starr
applied
men
already
hired
smith
applied
district
found
contrary
however
appeals
upheld
findings
gaddis
filed
complaint
starr
continued
seek
work
ford
warehouse
november
ford
hired
four
workers
six
weeks
fill
temporary
jobs
warehouse
although
eeoc
suit
involved
additional
issues
claimants
concerned
part
suit
involved
gaddis
starr
smith
senior
district
judge
walter
hoffman
sitting
designation
dissented
portion
appeals
decision
petition
ford
raised
two
issues
first
ford
read
opinion
appeals
suggesting
toll
backpay
liability
employer
must
include
job
offer
retroactive
seniority
also
offer
backpay
appeals
opinion
expressly
hold
however
eeoc
concedes
title
vii
offer
payment
backpay
required
toll
continuing
accrual
backpay
liability
issue
thus
longer
contested
parties
second
issue
one
involving
smith
ford
disputed
district
finding
ford
discriminated
three
women
claiming
reached
conclusion
erroneously
allocated
burden
proof
persuaded
however
district
findings
consistent
texas
dept
community
affairs
burdine
mcdonnell
douglas
green
set
forth
basic
allocation
burdens
order
presentation
proof
title
vii
case
alleging
discriminatory
treatment
see
also
furnco
construction
waters
board
trustees
sweeney
despite
decisions
confusion
continued
exist
burdine
reiterated
plaintiff
proved
prima
facie
case
discrimination
burden
shifts
defendant
articulate
legitimate
nondiscriminatory
reason
employee
rejection
citation
omitted
ultimate
burden
persuading
trier
fact
defendant
intentionally
discriminated
plaintiff
remains
times
plaintiff
ibid
citation
omitted
made
clear
defendant
need
persuade
actually
motivated
proffered
reasons
sufficient
defendant
evidence
raises
genuine
issue
fact
whether
discriminated
plaintiff
omitted
neither
district
appeals
cited
burdine
apparently
recently
decided
restate
foregoing
principles
conclude
however
basis
specific
findings
fact
district
undisturbed
appeals
plaintiffs
case
carried
burden
persuasion
burdine
commands
district
place
burden
persuasion
ford
instead
began
discussion
liability
straightforwardly
declaring
eeoc
ha
established
ford
discriminated
smith
gaddis
starr
basis
sex
app
pet
cert
supported
conclusion
pointing
eeoc
proof
prima
facie
case
also
showing
ford
never
hired
women
warehouse
november
procedures
hiring
vague
based
highly
subjective
criteria
moreover
entered
findings
fact
discrediting
ford
proffered
justifications
refusing
hire
women
progression
factual
findings
legal
conclusions
indicates
district
found
preponderance
evidence
ford
justifications
unworthy
credence
company
discriminated
basis
sex
findings
fully
consistent
burdine
ford
points
appeals
opinion
contains
statements
arguably
inconsistent
burdine
corrected
misimpression
generated
statements
however
discussion
directly
focusing
issue
light
discussion
clear
trier
fact
properly
allocated
burden
proof
find
merit
ford
argument
section
expressly
modeled
albemarle
paper
moody
analogous
remedial
provision
national
labor
relations
act
nlra
stat
amended
section
provides
unfair
labor
practice
committed
national
labor
relations
board
nlrb
empowered
take
affirmative
action
including
reinstatement
employees
without
back
pay
effectuate
policies
act
principles
developed
nlra
generally
guide
bind
courts
tailoring
remedies
title
vii
see
teamsters
franks
bowman
transportation
albemarle
paper
supra
therefore
throughout
opinion
refer
cases
decided
nlra
well
title
vii
clear
contested
backpay
suit
stems
period
following
ford
offer
gaddis
starr
unemployed
gm
warehouse
closed
decision
today
affect
right
claim
backpay
period
rejected
ford
offers
reasons
dissenting
opinion
reads
decision
narrowly
takes
us
task
discerning
outlines
general
rule
post
emphasis
deleted
opinion
appeals
regard
note
already
least
one
district
evidently
read
opinion
prescribing
general
rule
addition
interpreted
rule
broadly
see
saunders
hercules
supp
wd
view
recent
fourth
circuit
appeals
decision
equal
employment
opportunity
commission
ford
motor
company
cir
clear
person
discriminated
accept
offer
reemployment
back
pay
offered
see
american
tobacco
patterson
seniority
provisions
overriding
importance
collective
bargaining
universally
included
contracts
quoting
humphrey
moore
trans
world
airlines
hardison
dissent
justice
blackmun
suggests
speak
comfor
sidelines
post
somewhere
outside
real
world
sex
discrimination
dissent
rhetoric
however
nowhere
dissent
seriously
challenge
conclusion
rule
adopt
powerfully
motivate
employers
offer
title
vii
claimants
jobs
denied
rebecca
starr
trial
testimony
eloquently
explains
claimants
need
wanting
job
bad
ca
woman
got
three
children
needed
money
wanting
job
bad
tr
thus
rule
applied
manifests
studied
indifference
concerns
post
victims
sex
discrimination
see
cong
rec
remarks
dent
debate
amendments
title
vii
people
want
work
want
opportunity
work
trying
see
us
matter
race
sex
religious
ethnic
background
equal
opportunity
employment
provision
expressly
nterim
earnings
amounts
earnable
reasonable
diligence
person
persons
discriminated
shall
operate
reduce
back
pay
otherwise
allowable
claimants
often
take
lesser
dissimilar
work
pendency
claims
even
though
mandated
statutory
requirement
claimant
minimize
damages
forfeit
right
compensation
see
merriweather
hercules
voluntary
minimization
damages
dissimilar
work
thornton
east
texas
motor
freight
voluntary
minimization
damages
moonlighting
see
generally
mccormick
law
damages
mccormick
summarizes
general
rule
follows
one
person
committed
tort
breach
contract
legal
wrong
another
incumbent
upon
latter
use
means
reasonable
circumstances
avoid
minimize
damages
person
wronged
recover
item
damage
thus
avoided
connection
remedial
provisions
nlra
said
making
workers
whole
losses
suffered
account
unfair
labor
practice
part
vindication
public
policy
board
enforces
since
actual
losses
made
good
seems
fair
deductions
made
actual
earnings
worker
also
losses
willfully
incurred
phelps
dodge
nlrb
see
nlrb
madison
courier
app
employee
need
seek
employment
consonant
particular
skills
background
experience
involves
conditions
substantially
onerous
previous
position
wonder
markets
offer
reinstatement
ineffective
discharged
employee
offered
different
job
though
former
position
still
existed
enf
supplemental
decision
good
foods
manufacturing
processing
offer
reinstatement
ineffective
job
offered
different
conditions
employment
benefits
supplemental
decision
enf
harvey
carlton
offer
reinstatement
ineffective
employees
return
probation
lower
courts
indicated
however
extended
period
time
searching
work
without
success
claimant
must
consider
taking
position
see
nlrb
madison
courier
supra
nlrb
southern
silk
mills
cert
denied
claimant
decides
go
dissimilar
line
work
accept
demotion
earnings
must
deducted
eventual
backpay
award
see
merriweather
hercules
supra
taylor
philips
industries
per
curiam
nlrb
arduini
mfg
claimant
obligation
minimize
damages
order
retain
right
compensation
require
settle
claim
employer
whole
part
thus
applicant
discharged
employee
required
accept
job
offered
employer
condition
claims
employer
compromised
see
nlrb
marys
sewer
pipe
reasons
defendant
job
offer
effective
force
minimization
damages
unemployed
underemployed
claimant
even
without
supplemental
offer
backpay
since
claimant
required
accept
another
employer
offer
substantially
similar
job
without
large
bonus
see
nlrb
midwest
hanger
clear
company
offer
reinstatement
conditioned
solely
refusal
give
back
pay
company
strenuously
argues
offer
reinstatement
invalidated
cert
denied
reliance
clay
products
board
consistently
held
discriminatorily
discharged
employee
may
refuse
unconditioned
offer
reinstatement
even
though
unaccompanied
backpay
refusal
offer
tolls
employer
liability
backpay
tailoring
title
vii
remedy
merely
power
duty
render
decree
far
possible
eliminate
discriminatory
effects
past
well
bar
like
discrimination
future
albemarle
paper
moody
quoting
louisiana
see
nlrb
huntington
hospital
see
zipes
trans
world
airlines
teamsters
franks
bowman
transportation
decisions
construing
remedial
provision
nlra
accord
see
nevada
consolidated
copper
persons
unlawfully
refused
jobs
must
offered
jobs
seniority
rights
privileges
acquired
respondent
unlawfully
discriminated
quoted
franks
bowman
transportation
supra
enf
denied
rev
ford
eeoc
agree
point
see
brief
respondent
reply
brief
petitioner
possible
value
gm
jobs
since
applied
ford
laid
gm
since
recalled
gm
jobs
rejected
ford
offer
therefore
contrary
dissent
erroneous
suggestion
post
possibility
gaddis
starr
considered
gm
jobs
superior
positions
ford
ford
hired
outset
merely
hypothetical
case
infer
valued
gm
jobs
however
solely
rejection
ford
offer
see
discussion
supra
employees
value
job
many
reasons
besides
rate
pay
including
example
presence
workers
employee
sex
availability
recreational
facilities
worksite
staggered
work
hours
better
health
benefits
longer
vacations
forth
makes
one
job
better
another
varies
one
employee
another
gaddis
starr
presumably
rejected
ford
offer
thought
jobs
gm
worth
full
compensation
ford
offer
plus
award
discounted
risks
litigation
essence
position
adopted
advocated
eeoc
turns
fact
sure
gaddis
starr
known
going
win
lawsuit
still
rejected
ford
offer
known
going
win
course
rejected
ford
job
valued
gm
jobs
valued
combination
ford
job
plus
value
compensation
undiscounted
risks
litigation
agree
eeoc
effect
contend
claimant
made
whole
purposes
title
vii
unless
decided
stay
replacement
job
worth
sum
defendant
job
right
seek
full
compensation
addition
sum
analogous
insurance
risk
loss
trial
discern
however
reason
concluding
title
vii
requires
defendant
insure
claimant
possibility
defendant
might
prevail
lawsuit
example
claimant
forced
move
great
distance
find
replacement
job
rejection
employer
offer
might
reflect
costs
relocation
judgment
replacement
job
superior
things
considered
defendant
job
exceptional
circumstances
trial
exercise
sound
discretion
give
weight
factors
deciding
whether
backpay
damages
accrued
rejection
employer
offer
awarded
claimant
dissent
attempts
characterize
loss
accumulated
seniority
replacement
jo
cost
relocation
post
dissent
simply
confuses
costs
changing
one
job
another
whatever
respective
advantages
disadvantages
two
jobs
might
differences
two
jobs
seniority
may
govern
promotion
layoff
also
transfer
demotion
rest
days
shift
assignments
prerogative
scheduling
vacation
order
layoff
possibilities
lateral
transfer
avoid
layoff
bumping
possibilities
face
layoff
order
recall
training
opportunities
working
conditions
length
layoff
endured
without
reducing
seniority
length
layoff
recall
rights
withstand
overtime
opportunities
parking
privileges
even
preferred
place
line
franks
bowman
transportation
quoting
stacy
title
vii
seniority
remedies
time
economic
downturn
vand
rev
addition
rights
innocent
employees
rule
urged
eeoc
adopted
burdens
innocent
employers
innocent
employer
one
believes
innocent
right
challenge
claims
considers
weak
baseless
approach
endorsed
lower
undermines
right
requiring
employer
wishes
offer
relief
claimant
toll
mounting
backpay
bill
surrender
defense
charge
claimant
entitled
retroactive
seniority
employer
offers
claimant
retroactive
seniority
well
job
prevails
trial
recourse
claimant
costs
retroactive
seniority
claimant
erroneously
received
rule
urged
ford
permits
parties
stem
ongoing
effects
alleged
discrimination
without
compelling
either
claimant
employer
compromise
claims
surrender
defenses
cf
moro
motors
employer
required
offer
employee
allegedly
discharged
discriminatory
reasons
reinstatement
accrued
back
pay
employer
right
litigate
issue
whether
discharge
unlawful
practical
purposes
nullified
emphasis
original
national
screen
products
justice
blackmun
justice
brennan
justice
marshall
join
dissenting
finding
petitioner
ford
motor
company
discriminated
unlawfully
judy
gaddis
rebecca
starr
sex
appeals
affirmed
district
backpay
award
two
women
proper
exercise
discretion
founded
clearly
erroneous
factual
determinations
today
reverses
unremarkable
holding
advisory
ruling
stretching
far
beyond
confines
case
rule
provides
employers
engaged
unlawful
hiring
practices
unilateral
device
cut
backpay
liability
victims
past
discrimination
justify
new
rule
mischaracterizes
holding
appeals
undertakes
intricate
economic
analysis
hypothetical
situations
presented
invokes
rights
innocent
third
parties
ante
supplants
traditional
district
discretion
mold
equitable
relief
also
ensures
judy
gaddis
rebecca
starr
title
vii
claimants
whose
rights
issue
lawsuit
made
whole
injury
indisputably
suffered
find
ruling
unnecessary
unfair
dissent
frames
question
presented
whether
employer
charged
discrimination
hiring
toll
continuing
accrual
backpay
liability
simply
unconditionally
offering
title
vii
claimant
job
previously
denied
whether
employer
also
must
offer
seniority
retroactive
date
alleged
discrimination
ante
view
simply
completely
misstates
issue
question
us
two
inflexible
standards
govern
accrual
backpay
liability
title
vii
cases
whether
district
award
backpay
relief
gaddis
starr
case
constituted
abuse
discretion
makes
frequent
puzzling
reference
onerous
burden
sacrifice
demanded
lower
rule
ante
see
also
ante
lower
rule
ante
rule
adopted
ibid
appeals
rule
ante
rule
applied
ante
rule
adopted
ante
rule
adopted
fact
appeals
adopted
inflexible
rule
rather
simply
applied
flexible
principles
appellate
review
title
vii
remedies
prescribed
albemarle
paper
moody
franks
bowman
transportation
albemarle
directed
title
vii
matters
standard
appellate
review
familiar
one
whether
district
clearly
erroneous
factual
findings
whether
abused
traditional
discretion
locate
result
light
circumstances
peculiar
case
citation
omitted
regard
title
vii
backpay
relief
however
specified
district
merely
power
duty
render
decree
far
possible
eliminate
discriminatory
effects
past
well
bar
like
discrimination
future
quoting
louisiana
achieve
purpose
congress
took
care
arm
courts
full
equitable
powers
historic
purpose
equity
secur
complete
justice
citation
omitted
albemarle
franks
made
clear
title
vii
cases
equitable
discretion
district
courts
guided
heavy
presumption
favor
full
backpay
awards
rather
limiting
power
district
courts
equity
presumption
insures
complete
equity
normally
accomplished
franks
bowman
transportation
powell
concurring
part
dissenting
part
exercising
discretion
award
full
backpay
relief
district
courts
two
broad
purposes
underlying
title
vii
first
reasonably
certain
prospect
backpay
award
provide
spur
catalyst
causes
employers
employment
practices
endeavor
eliminate
far
possible
last
vestiges
discrimination
albemarle
paper
moody
citation
omitted
second
backpay
awards
make
persons
whole
injuries
suffered
account
unlawful
employment
discrimination
thus
goal
appellate
review
ensure
district
courts
exercised
remedial
discretion
way
allow
complete
achievement
objectives
title
vii
attainable
facts
circumstances
specific
case
franks
bowman
transportation
courts
appeals
must
maintain
consistent
principled
application
backpay
provision
consonant
title
vii
twin
statutory
objectives
time
recognizing
trial
often
keener
appreciation
facts
circumstances
peculiar
particular
cases
albemarle
paper
moody
case
trial
findings
fact
uncontroverted
july
judy
gaddis
rebecca
starr
sought
jobs
petitioner
ford
automotive
parts
warehouse
charlotte
experience
qualified
work
ford
app
pet
cert
district
findings
fact
ford
stated
hiring
practice
fill
job
vacancies
warehouse
taking
earliest
filed
applications
first
selecting
employees
interviewing
qualified
candidates
time
gaddis
starr
applied
however
ford
never
hired
woman
work
warehouse
gaddis
starr
received
application
forms
receptionist
ford
told
substance
ford
hire
women
work
warehouse
despite
gaddis
persistent
requests
job
interviews
petitioner
interviewed
neither
woman
immediately
supposedly
job
vacancy
existed
unit
supervisor
testified
gaddis
called
several
occasions
asked
hiring
said
much
work
sit
interview
people
hiring
app
shortly
thereafter
however
august
ford
hired
male
applicants
fill
four
job
openings
app
pet
cert
least
two
men
offered
jobs
gaddis
starr
applied
emphasis
original
gaddis
filed
sex
discrimination
charge
respondent
eeoc
september
january
gaddis
starr
recalled
jobs
nearby
general
motors
warehouse
july
petitioner
made
vague
job
offer
first
gaddis
starr
district
found
fact
offer
two
women
made
ford
learned
charge
sex
discrimination
filed
commission
prompted
desire
bring
women
warehouse
response
charge
gaddis
starr
turned
petitioner
job
offer
district
found
offer
refused
women
since
time
back
work
general
motors
warehouse
recalled
work
january
neither
woman
wished
lose
accrued
seniority
general
motors
neither
wanted
woman
employed
ford
warehouse
based
factual
findings
district
concluded
matter
law
ford
discriminated
gaddis
starr
basis
sex
failing
employ
warehouse
positions
filled
august
rulings
contested
district
also
found
women
established
prima
facie
cases
unlawful
sex
discrimination
ford
determine
backpay
remedy
gaddis
starr
entitled
district
attached
legal
significance
women
decision
decline
beginning
employment
ford
nearly
two
years
unlawfully
denied
jobs
six
months
begun
accumulating
seniority
elsewhere
ruling
today
implicitly
deems
abuse
discretion
district
held
ack
pay
due
gaddis
starr
shall
affected
refusal
accept
single
position
offered
july
inasmuch
neither
confronted
decision
implications
hired
august
applying
standard
review
specified
franks
supra
albemarle
supra
appeals
affirmed
district
decision
proper
exercise
discretion
founded
clearly
erroneous
factual
determinations
particular
appeals
found
abuse
discretion
district
failure
terminate
backpay
awards
july
appeals
rested
narrow
ruling
two
key
facts
gaddis
starr
accept
ford
offer
forfeiting
seniority
accumulated
general
motors
without
compensating
offer
seniority
ford
alleviate
effects
discrimination
emphasis
added
expressed
view
whether
ford
backpay
liability
tolled
gaddis
starr
accepted
ford
job
offer
without
forfeiting
seniority
accumulated
elsewhere
appeals
decide
whether
women
obliged
accept
ford
offer
encompassed
compensating
offer
seniority
short
full
retroactive
seniority
contrary
suggestion
today
appeals
announced
general
rule
employer
backpay
liability
tolled
rejection
offer
includes
seniority
retroactive
date
alleged
discrimination
occurred
ante
emphasis
added
appeals
merely
refused
announce
broad
new
rule
urged
ford
requiring
victims
title
vii
discrimination
accept
job
offers
include
loss
seniority
order
preserve
back
pay
rights
inflexible
approach
decided
frustrate
title
vii
central
purposes
permitting
employers
present
discriminatees
intolerable
choice
ibid
ii
today
accepts
ford
invitation
wisely
declined
appeals
adopts
broad
new
rule
governing
awards
backpay
relief
title
vii
cases
henceforth
absent
special
circumstances
rejection
employer
unconditional
job
offer
ends
accrual
potential
backpay
liability
ante
ruling
disturbing
four
respects
first
new
rule
flatly
inconsistent
albemarle
unambiguous
directive
given
finding
unlawful
discrimination
backpay
denied
reasons
applied
generally
frustrate
central
statutory
purposes
eradicating
discrimination
throughout
economy
making
persons
whole
injuries
suffered
past
discrimination
applied
generally
rule
interferes
objectives
approach
authorizes
employers
make
cheap
offers
victims
past
discrimination
employers
may
terminate
backpay
liability
unilaterally
extending
discrimination
victims
offers
reasonably
accept
employer
refused
hire
job
applicant
applicant
mitigated
damages
obtaining
accumulating
seniority
another
job
employer
may
offer
applicant
job
denied
unlawfully
several
years
earlier
case
example
ford
offered
gaddis
starr
jobs
obtained
employment
elsewhere
filed
charges
eeoc
applicant
declines
offer
preserve
existing
job
security
employer
successfully
cut
future
backpay
liability
applicant
insulating
discriminating
employer
proper
liability
discriminatory
acts
rule
reduces
incentive
shun
practices
dubious
legality
hinders
eradication
discrimination
rule
also
violates
title
vii
second
objective
making
victims
discrimination
whole
rule
anomalies
well
illustrated
facts
case
petitioner
discriminated
gaddis
starr
begun
work
ford
august
july
accumulated
nearly
two
years
seniority
ford
discrimination
however
experienced
long
periods
unemployment
temporary
employment
obtaining
jobs
elsewhere
district
therefore
determined
full
backpay
awards
mitigated
wages
earned
reasonably
earnable
elsewhere
make
gaddis
starr
whole
truncates
awards
simply
gaddis
starr
refused
accept
ford
offers
beginning
employment
yet
even
gaddis
starr
accepted
offers
made
whole
deprived
two
years
seniority
gaddis
starr
enjoyed
lesser
health
life
unemployment
insurance
benefits
lower
wages
less
eligibility
promotion
transfer
greater
vulnerability
layoffs
persons
hired
unlawfully
refused
employment
see
tr
oral
arg
brief
respondent
even
gaddis
starr
continued
litigate
question
retroactive
seniority
accepting
ford
offer
still
spent
many
years
ford
subordinate
persons
illegal
discrimination
respect
entitlement
competitive
seniority
benefits
inferiors
franks
bowman
transportation
claims
new
rule
powerfully
motivates
employers
put
title
vii
claimants
work
thus
ending
ongoing
discrimination
promptly
possible
ante
fact
discrimination
ended
discrimination
victim
accepts
cheap
offer
obliged
work
seniority
disadvantage
therefore
suffer
ongoing
effects
employer
discriminatory
act
also
alleges
rule
promotes
cooperation
voluntary
compliance
title
vii
giving
employers
claimants
incentives
make
accept
unconditional
job
offers
ante
rule
furthers
end
however
weakening
bargaining
position
claimant
employer
discrimination
victims
forced
accept
otherwise
unacceptable
offers
know
rejection
offers
truncates
backpay
recovery
rule
shields
discriminating
employers
liability
past
discrimination
coerces
bona
fide
title
vii
claimants
accept
incomplete
job
offers
fundamentally
incompatible
purposes
title
vii
second
rule
unjustifiably
limits
district
discretion
make
individual
discrimination
victims
whole
awards
backpay
suggests
absent
special
circumstances
district
abuses
discretion
per
se
fails
terminate
employer
backpay
liability
point
employer
extended
unconditional
job
offer
discrimination
claimant
yet
albemarle
paper
read
title
vii
creating
presumption
favor
backpay
franks
bowman
transportation
powell
concurring
part
dissenting
part
emphasis
added
franks
supplied
emphatic
confirmation
federal
courts
empowered
fashion
relief
particular
circumstances
case
may
require
effect
restitution
making
whole
insofar
possible
victims
discrimination
hiring
opinion
emphasis
added
recognizes
new
rule
interferes
district
discretion
make
complete
backpay
awards
individual
cases
thus
expressly
preserves
principle
appellate
deference
sound
discretion
trial
exceptional
circumstances
ante
yet
curiously
offers
explanation
facts
case
fail
satisfy
exceptional
circumstances
test
given
concession
district
courts
must
retain
discretion
make
bona
fide
title
vii
claimants
whole
cases
see
advantage
prescribing
blanket
rule
displaces
discretion
cases
complete
relief
equally
justified
third
disturbed
efforts
justify
rule
relying
situations
presented
case
example
partially
rests
rule
unemployed
underemployed
claimant
statutory
obligation
minimize
damages
accepting
unconditional
job
offer
without
seniority
ante
gaddis
starr
fully
employed
ford
finally
offered
jobs
however
neither
district
appeals
exempted
unemployed
underemployed
victims
discrimination
accepting
offers
like
ford
similarly
analyzes
hypothetical
case
title
vii
claimant
good
fortune
find
attractive
job
defendant
ibid
later
recognizes
assurance
present
case
fits
category
either
speculating
length
gaddis
starr
may
valued
relative
worth
ford
general
motors
jobs
see
ante
finally
acknowledges
paper
record
infer
much
gaddis
starr
valued
gm
jobs
solely
rejection
ford
offer
ante
equally
unconvincing
repeated
invocation
preoccupation
rights
innocent
third
parties
ante
disruption
existing
seniority
system
ante
result
adoption
appeals
rule
nowhere
demonstrates
petitioner
labor
relations
suffered
extended
offers
retroactive
seniority
gaddis
starr
details
ford
agreement
litigated
either
district
appeals
see
tr
oral
arg
thus
courts
never
passed
petitioner
obligation
offer
retroactive
seniority
gaddis
starr
offer
disrupted
labor
relations
existing
seniority
systems
appeals
decide
general
matter
whether
offers
retroactive
seniority
discrimination
claimants
adversely
affect
rights
incumbent
employees
justify
reversal
case
hand
vague
reference
classes
claimants
third
parties
extent
seeks
intricate
argument
irrelevant
advisory
fourth
finally
struck
contrast
concern
parties
studied
indifference
concerns
parties
whose
interests
directly
affected
finally
confronts
choice
actually
faced
gaddis
starr
ante
blithely
suggests
fter
option
accepting
ford
unconditional
offer
retaining
right
seek
full
compensation
trial
form
retroactive
seniority
ante
yet
earlier
acknowledges
elays
litigation
unfortunately
commonplace
forcing
victims
discrimination
suffer
years
underemployment
unemployment
obtain
order
awarding
jobs
unlawfully
denied
ante
choice
presented
gaddis
starr
difficult
continues
required
assess
likelihood
prevailing
trial
ante
without
consulting
record
gaddis
starr
presumably
rejected
ford
offer
thought
jobs
gm
worth
full
compensation
ford
offer
plus
award
discounted
risks
litigation
known
going
win
lawsuit
course
rejected
ford
job
valued
gm
jobs
valued
combination
ford
job
plus
value
compensation
undiscounted
risks
litigation
ante
emphasis
original
person
living
real
world
value
job
security
today
far
outstrips
value
full
compensation
many
years
future
elaborate
speculation
concerns
presumably
motivated
gaddis
starr
nowhere
recognizes
ford
job
without
seniority
actually
meant
gaddis
starr
job
laid
moment
unlike
gaddis
starr
recognized
traded
jobs
seniority
jobs
without
seniority
quickly
become
unemployed
long
chance
vindicate
rights
trial
people
like
gaddis
starr
knowledge
might
someday
establish
title
vii
claims
merits
provides
little
solace
immediate
pressing
personal
needs
starr
trial
testimony
reveals
much
job
security
meant
couple
days
started
working
temporary
job
wanting
job
bad
ca
woman
got
three
children
needed
money
wanting
job
bad
worked
hard
never
forget
one
day
unit
supervisor
came
never
forget
said
days
let
go
broke
heart
knew
worked
hard
hearing
witnesses
appraising
evidence
district
exercised
equitable
discretion
shape
complete
backpay
relief
gaddis
starr
light
circumstances
district
refused
penalize
gaddis
starr
declining
ford
job
offer
applying
correct
standard
review
title
vii
remedies
appeals
concluded
district
exercised
remedial
discretion
properly
sitting
remove
say
gaddis
starr
acted
unreasonably
affirm
judgment
appeals
thereby
two
victims
discrimination
fulfill
defeat
promise
title
vii
passing
equal
employment
opportunity
act
stat
congress
specifically
rejected
several
legislative
efforts
limit
judicial
power
award
backpay
see
albemarle
paper
moody
analysis
accompanying
conference
committee
report
reaffirmed
make
whole
purpose
title
vii
backpay
provision
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
requires
persons
aggrieved
consequences
effects
unlawful
employment
practice
far
possible
restored
position
unlawful
discrimination
cong
rec
quoted
albemarle
paper
moody
district
found
example
job
application
zettie
smith
sought
employment
ford
month
gaddis
starr
first
woman
apply
warehouse
job
never
seriously
considered
woman
app
pet
cert
trial
gaddis
asked
clerk
warehouse
manager
say
job
offered
discuss
simply
form
interview
possibility
hiring
job
vague
pinpoint
anything
never
say
type
work
whether
parts
picking
whether
sheet
metal
whether
putting
stock
whether
day
shift
night
shift
whether
permanent
temporary
job
time
good
seniority
general
motors
secure
job
grounds
refused
app
similarly
starr
testified
remember
clerk
warehouse
manager
specific
job
general
motors
fifteen
know
fourteen
fifteen
people
seniority
also
truth
scared
whenever
worked
ford
badgered
know
wanted
look
job
yet
fear
go
back
know
facing
trial
testimony
ford
warehouse
operations
manager
illuminates
petitioner
motives
whose
decision
call
gaddis
starr
decision
well
mainly
suit
eeoc
suit
filed
us
wanted
give
one
opportunity
go
work
us
one
maybe
two
openings
time
ely
indicated
testimony
offered
job
one
women
either
gaddis
starr
july
correct
yes
correct
also
stated
offered
job
eeoc
charge
filed
ford
motor
company
correct
correct
district
applied
two
equitable
principles
shape
relief
case
first
concluded
award
backpay
accruing
august
make
gaddis
starr
whole
district
therefore
reconstructed
probable
employment
history
ford
woman
calculating
received
petitioner
unlawful
discrimination
second
obliged
gaddis
starr
take
reasonable
steps
mitigate
damages
accordingly
subtracted
backpay
awards
amounts
gaddis
starr
actually
earned
reasonably
earned
august
app
pet
cert
district
reached
eminently
reasonable
result
permit
ford
cut
back
pay
period
making
gaddis
starr
incomplete
unacceptable
offer
denied
gaddis
starr
double
recovery
deducting
general
motors
wages
back
pay
awards
gaddis
starr
rejected
ford
offer
stayed
general
motors
forego
rights
back
pay
benefits
hand
accepted
job
offered
ford
held
previous
two
years
ford
discriminatory
hiring
policy
lose
seniority
rights
general
motors
explanation
misreading
appeals
decision
district
western
district
virginia
interpreted
decision
stating
somewhat
different
proposition
see
ante
one
district
fourth
circuit
misconstrued
fourth
circuit
opinion
surely
matter
properly
corrected
appeals
fourth
circuit
entitled
transform
narrow
appeals
ruling
broad
one
may
reverse
install
broad
new
rule
choosing
gaddis
example
sought
employment
south
carolina
various
parts
places
independent
part
places
car
dealers
ford
place
lewis
ford
time
car
dealers
hosiery
mills
radiator
specialty
company
tr
obtaining
job
general
motors
cites
language
albemarle
suggesting
district
discretion
limitless
see
ante
conspicuously
omits
albemarle
clear
statement
congress
intended
limit
equitable
discretion
district
courts
way
leaving
little
room
exercise
discretion
order
reimbursement
see
albemarle
paper
moody
quoting
mitchell
demario
jewelry
emphasis
added
suggests
example
hypothetical
title
vii
claimant
forced
move
great
distance
find
replacement
job
rejection
employer
offer
might
reflect
costs
relocation
judgment
replacement
job
superior
things
considered
defendant
job
ante
gaddis
starr
however
loss
accumulated
seniority
replacement
jobs
certainly
reflected
costs
relocation
least
substantial
high
moving
expenses
expect
federal
courts
find
meaningful
distinction
worker
refusal
accept
job
offer
believes
acceptance
force
incur
costs
similar
refusal
based
worker
judgment
changing
jobs
prove
costly
either
case
purposes
awarding
title
vii
relief
reasonableness
worker
refusal
left
trial
discretion
purpose
mitigation
damages
requirement
encourage
claimants
work
title
vii
claims
adjudicated
deny
gaddis
starr
fully
mitigated
damages
seeking
obtaining
employment
litigating
claims
ford
appeals
foreclose
possibility
ford
terminated
backpay
liability
gaddis
starr
offering
employment
plus
award
provisional
seniority
defeasible
event
lost
continuing
lawsuit
backpay
appeals
deny
offering
job
without
seniority
might
terminate
ford
backpay
liability
provision
ford
agreement
preclude
making
offers
retroactive
seniority
petitioner
pointed
agreement
provision
proved
incumbent
employees
actually
objected
offers
retroactive
seniority
title
vii
claimants
appeals
considered
factors
determining
whether
district
abused
discretion
shaping
gaddis
starr
relief
event
claim
offers
retroactive
seniority
injure
rights
incumbent
employees
vastly
overstated
employer
sued
title
vii
claimant
toll
accrual
backpay
liability
making
unilateral
offer
included
form
retroactive
seniority
still
every
incentive
make
offer
soon
possible
discriminatory
act
amount
retroactive
seniority
offered
necessarily
small
seniority
rights
relatively
incumbent
employees
affected
approach
contrast
employers
longer
incentive
offer
retroactive
seniority
awards
retroactive
seniority
bona
fide
title
vii
claimants
thus
entered
lengthy
delays
often
attend
title
vii
litigation
ante
delaying
awards
retroactive
seniority
final
judgment
significant
number
cases
approach
ensures
seniority
rights
comparatively
greater
numbers
incumbent
employees
affected
adversely
without
embarrassment
cites
rebecca
starr
testimony
support
argument
appeals
rule
new
rule
indifferent
concerns
victims
sex
discrimination
see
ante
appeals
rule
however
rebecca
starr
awarded
full
backpay
compensation
ford
sex
discrimination
rule
large
portion
starr
compensation
simply
cut
claiming
appeals
somehow
indifferent
starr
concerns
confirms
far
removed
real
world