lorance
technologies
argued
march
decided
june
agreements
respondents
technologies
local
international
brotherhood
electrical
workers
determined
worker
seniority
basis
years
plantwide
service
plantwide
seniority
transferable
upon
promotion
skilled
tester
position
new
agreement
executed
changed
making
seniority
tester
jobs
dependent
upon
amount
time
spent
tester
petitioners
women
employees
promoted
tester
positions
received
demotions
sustained
former
seniority
system
remained
place
filed
charges
equal
employment
opportunity
commission
receiving
letters
filed
present
action
district
alleging
respondents
violated
title
vii
civil
rights
act
adopting
new
seniority
system
purpose
effect
protecting
incumbent
testers
jobs
traditionally
dominated
men
female
employees
greater
plantwide
seniority
becoming
testers
increasing
numbers
granted
summary
judgment
respondents
ground
charges
filed
within
required
period
alleged
unlawful
employment
practice
occurred
title
vii
appeals
affirmed
held
title
vii
operation
seniority
system
disparate
impact
men
women
unlawful
unless
discriminatory
intent
proved
swint
american
tobacco
patterson
trans
world
airlines
hardison
disputed
seniority
system
issue
facially
nondiscriminatory
treats
similarly
situated
employees
alike
nondiscriminatorily
applied
alleged
invalidity
rests
claim
intentional
discrimination
produced
unfavorable
change
petitioners
contractual
seniority
rights
respondents
adopted
new
system
limitations
period
therefore
commenced
point
delaware
state
college
ricks
air
lines
evans
rule
strikes
balance
interest
valid
claims
vindicated
interest
adjudicating
stale
claims
heightened
context
special
reliance
interests
protected
seniority
systems
pp
affirmed
scalia
delivered
opinion
rehnquist
white
stevens
kennedy
joined
stevens
filed
concurring
opinion
post
marshall
filed
dissenting
opinion
brennan
blackmun
joined
post
took
part
consideration
decision
case
barry
goldstein
argued
cause
petitioners
briefs
julius
levonne
chambers
bridget
arimond
patrick
patterson
charles
shanor
argued
cause
et
al
amici
curiae
urging
reversal
brief
solicitor
general
fried
deputy
solicitor
general
ayer
richard
lazarus
gwendolyn
young
reams
donna
brusoski
david
carpenter
argued
cause
respondents
brief
rex
lee
patrick
casey
gerald
skoning
charles
jackson
michael
gottesman
robert
weinberg
joel
stephen
feinberg
robert
williams
douglas
mcdowell
katrina
grider
filed
brief
equal
employment
advisory
council
amicus
curiae
urging
affirmance
justice
scalia
delivered
opinion
respondent
technologies
manufactures
electronics
products
montgomery
works
plant
three
petitioners
women
worked
hourly
wage
employees
facility
since
early
represented
respondent
local
international
brotherhood
electrical
workers
hourly
wage
earners
accrued
competitive
seniority
exclusively
basis
years
spent
plant
worker
promoted
highly
skilled
better
paid
tester
positions
retained
plantwide
seniority
agreement
executed
respondents
july
altered
manner
calculating
tester
seniority
thenceforth
tester
seniority
determined
length
plantwide
service
time
actually
spent
tester
though
possible
regain
full
plantwide
seniority
spending
five
years
tester
completing
prescribed
training
program
present
action
arises
contractual
modification
petitioners
became
testers
economic
downturn
low
seniority
agreement
caused
selected
demotion
demoted
former
plantwide
seniority
system
remained
place
claiming
present
seniority
system
product
intent
discriminate
basis
sex
petitioners
filed
complaints
equal
employment
opportunity
commission
eeoc
april
eeoc
issued
letters
petitioners
september
filed
present
lawsuit
district
northern
district
illinois
sought
certification
class
representatives
women
employees
montgomery
works
plant
lost
plantwide
seniority
new
system
deterred
seeking
promotions
tester
positions
complaint
alleged
among
hourly
wage
earners
tester
positions
traditionally
held
almost
exclusively
men
nontester
positions
principally
women
increasing
number
women
took
steps
necessary
qualify
tester
positions
exercised
seniority
rights
become
testers
claimed
alteration
rules
governing
tester
seniority
product
conspir
acy
change
seniority
rules
order
protect
incumbent
male
testers
discourage
women
promoting
tester
jobs
purpose
effect
manipulation
seniority
rules
protect
male
testers
effects
female
testers
greater
plant
seniority
discourage
women
entering
tester
jobs
app
august
deciding
whether
certify
proposed
class
district
granted
respondents
motion
summary
judgment
ground
petitioners
filed
complaints
eeoc
within
applicable
limitations
period
fep
cases
divided
panel
appeals
seventh
circuit
affirmed
concluding
petitioners
claims
time
barred
relevant
discriminatory
act
triggers
period
limitations
occurs
time
employee
becomes
subject
facially
neutral
discriminatory
seniority
system
employee
knows
reasonably
know
discriminatory
granted
certiorari
resolve
circuit
conflict
limitations
period
begins
run
lawsuit
arising
seniority
system
alleged
discriminatory
face
presently
applied
compare
case
cook
pan
american
world
airways
cert
denied
section
title
vii
civil
rights
act
stat
amended
provides
charge
shall
filed
eeoc
within
applicable
period
alleged
unlawful
employment
practice
occurred
assessing
timeliness
therefore
requires
us
identify
precisely
unlawful
employment
practice
petitioners
complai
delaware
state
college
ricks
title
vii
unlawful
employment
practice
employer
discriminate
individual
respect
compensation
terms
conditions
privileges
employment
individual
race
color
religion
sex
national
origin
limit
segregate
classify
employees
applicants
employment
way
deprive
tend
deprive
individual
employment
opportunities
otherwise
adversely
affect
status
employee
individual
race
color
religion
sex
national
origin
notwithstanding
provision
subchapter
shall
unlawful
employment
practice
employer
apply
different
standards
compensation
different
terms
conditions
privileges
employment
pursuant
bona
fide
seniority
system
provided
differences
result
intention
discriminate
race
color
religion
sex
national
origin
petitioners
allege
seniority
system
treats
similarly
situated
employees
differently
operated
intentionally
discriminatory
manner
rather
claim
differential
impact
sexes
unlawful
system
ha
genesis
sex
discrimination
teamsters
specifically
complaint
alleges
respondents
conspired
change
seniority
rules
order
protect
incumbent
male
testers
resulting
agreement
effected
manipulation
seniority
rules
purpose
see
app
emphasis
added
essence
claim
intentionally
discriminatory
alteration
contractual
rights
seniority
contractual
right
aaron
reflections
legal
nature
enforceability
seniority
rights
harv
rev
competitive
seniority
system
establishes
hierarchy
rights
according
various
employment
benefits
distributed
franks
bowman
transportation
agreements
effect
prior
petitioner
earned
right
receive
favorable
position
hierarchy
seniority
among
testers
became
tester
respondents
eliminated
rights
reasons
alleged
discriminatory
diminution
employment
status
occurred
well
outside
period
limitations
complaint
filed
eeoc
seventh
circuit
correct
find
petitioners
claims
time
barred
recognize
course
possible
establish
different
theoretical
construct
regard
employer
guilty
continuing
violation
occurred
purposes
contractual
right
eliminated
also
concrete
effects
elimination
felt
possible
interpret
fashion
proviso
met
provided
differences
result
intention
discriminate
race
color
religion
sex
national
origin
subsection
protection
becomes
unavailable
nothing
prevents
suits
later
effects
system
grounds
answer
alternative
approaches
cases
rejected
continuing
violation
theory
contradicted
clearly
two
decisions
delaware
state
college
ricks
air
lines
evans
ricks
treated
allegedly
discriminatory
denial
tenure
rather
resulting
nondiscriminatory
termination
employment
one
year
later
act
triggering
limitations
period
ricks
claim
manner
employment
terminated
differed
discriminatorily
manner
college
terminated
professors
also
denied
tenure
held
alleged
discrimination
occurred
filing
limitations
periods
therefore
commenced
time
tenure
decision
made
communicated
ricks
found
even
though
one
effects
denial
tenure
eventual
loss
teaching
position
occur
later
ibid
emphasis
original
concluded
proper
focus
upon
time
discriminatory
acts
upon
time
consequences
acts
became
painful
ibid
emphasis
original
accord
chardon
fernandez
per
curiam
evans
air
lines
discriminatorily
dismissed
plaintiff
worked
several
years
flight
attendant
rehired
years
later
gave
seniority
credit
earlier
service
evans
conceded
discriminatory
dismissal
time
barred
claimed
seniority
system
impermissibly
gave
present
effect
past
act
discrimination
agreeing
assessment
concluded
challenge
neutral
system
may
predicated
mere
fact
past
event
present
legal
significance
affected
calculation
seniority
credit
even
past
event
might
one
time
justified
valid
claim
employer
like
evans
petitioners
present
case
asserted
claim
wholly
dependent
discriminatory
conduct
occurring
well
outside
period
limitations
complain
continuing
violation
second
alternative
theory
mentioned
view
merely
providing
affirmative
defense
cause
action
brought
rather
making
intentional
discrimination
element
title
vii
action
challenging
seniority
system
availability
affirmative
defense
alter
fact
claim
asserted
one
discriminatory
impact
causing
statute
limitations
run
time
impact
felt
original
matter
plausible
perhaps
even
natural
reading
construed
deals
bona
fide
occupational
qualifications
fashion
see
dothard
rawlinson
interpretation
foreclosed
cases
treat
proof
discriminatory
intent
necessary
element
title
vii
actions
challenging
seniority
systems
least
concerns
seniority
plans
regarded
subsection
defense
illegality
described
subsection
provision
delineates
employment
practices
illegal
thereby
prohibited
franks
thus
american
tobacco
determined
mean
fact
seniority
system
discriminatory
impact
alone
sufficient
invalidate
system
actual
intent
discriminate
must
proved
emphasis
added
cognizable
held
claim
seniority
system
discriminatory
impact
must
accompanied
proof
discriminatory
purpose
emphasis
added
accord
hardison
indeed
california
brewers
assn
bryant
deciding
challenged
policy
part
seniority
system
noted
remand
district
plaintiff
remain
free
show
seniority
system
bona
fide
differences
employment
conditions
produced
result
intention
discriminate
race
thus
petitioners
claim
depends
proof
intentionally
discriminatory
adoption
system
occurred
outside
limitations
period
case
machinists
nlrb
establishes
limitations
period
run
date
system
adopted
least
adoption
occurred
effective
date
title
vii
cause
action
available
machinists
decision
national
labor
relations
act
nlra
often
observed
nlra
model
title
vii
remedial
provisions
found
cases
interpreting
former
persuasive
construing
latter
see
ford
motor
eeoc
teamsters
franks
supra
albemarle
paper
moody
reliance
particularly
appropriate
context
presented
since
highly
unusual
feature
requiring
administrative
complaint
civil
action
filed
private
party
common
two
statutes
nlra
statute
limitations
provides
complaint
shall
issue
based
upon
unfair
labor
practice
occurring
six
months
prior
filing
charge
board
even
substantively
similar
charge
shall
filed
eeoc
within
one
hundred
eighty
days
alleged
unlawful
employment
practice
occurred
zipes
trans
world
airlines
specifically
relied
cases
construing
nlra
timely
filing
requirement
determining
whether
provision
construe
constituted
waivable
statute
limitations
rather
jurisdictional
prerequisite
title
vii
action
time
requirement
filing
unfair
labor
practice
charge
national
labor
relations
act
operates
statute
limitations
subject
recognized
equitable
doctrines
restriction
jurisdiction
national
labor
relations
board
said
time
limitations
title
vii
treated
likewise
citations
omitted
machinists
considered
rejected
approach
limitations
period
identical
advanced
suit
involved
timeliness
unfair
labor
practice
complaint
directed
union
security
clause
required
employees
join
union
within
days
contract
execution
nlrb
precedents
agreeing
clause
union
lacked
majority
status
constituted
unfair
labor
practice
continued
enforcement
clause
agreement
issue
machinists
adopted
six
months
complaint
issued
outside
limitations
period
enforced
well
within
period
limitations
conceding
complaint
predicated
execution
agreement
challenged
barred
limitations
nlrb
contended
complaint
nonetheless
timely
since
based
upon
parties
continued
enforcement
within
period
limitations
union
security
clause
emphasis
original
found
however
entire
foundation
unfair
labor
practice
charged
union
lack
majority
status
original
agreement
signed
absence
fact
enforcement
otherwise
valid
union
security
clause
wholly
benign
complaint
based
upon
earlier
event
reasoned
permit
event
cloak
illegality
otherwise
lawful
effect
results
reviving
legally
defunct
unfair
labor
practice
ibid
analysis
squarely
point
claimed
invalidity
facially
nondiscriminatory
neutrally
applied
tester
seniority
system
wholly
dependent
alleged
illegality
signing
underlying
agreement
date
signing
governs
limitations
period
holding
seniority
system
nondiscriminatory
form
application
allegedly
discriminatory
adoption
triggers
limitations
period
respect
general
value
judgment
concerning
point
interests
favor
protecting
valid
claims
outweighed
interests
prohibiting
prosecution
stale
claims
ricks
citation
omitted
also
considerations
underlying
special
treatment
accorded
seniority
systems
see
hardison
special
treatment
strikes
balance
interests
protected
discrimination
title
vii
work
perhaps
many
years
reliance
upon
validity
facially
lawful
seniority
system
doubt
course
facially
discriminatory
seniority
system
one
treats
similarly
situated
employees
differently
challenged
time
even
facially
neutral
system
adopted
unlawful
discriminatory
motive
challenged
within
prescribed
period
adoption
allowing
facially
neutral
system
challenged
entitlements
altered
many
years
adoption
disrupt
valid
reliance
interests
meant
protect
context
present
case
female
tester
defeat
settled
expectations
whenever
demoted
promoted
new
system
beyond
indeed
given
plaintiff
theory
sue
successively
promoted
demoted
laid
awarded
sufficiently
favorable
pension
long
acts
even
nondiscriminatory
attributed
change
seniority
past
cases
adhere
today
declined
follow
approach
disruptive
implications
affirmed
footnotes
charge
must
filed
eeoc
within
days
alleged
unfair
employment
practice
unless
complainant
first
instituted
proceedings
state
local
agency
case
period
extended
maximum
days
neither
district
appeals
ruled
applicable
limitations
period
present
case
since
courts
concluded
petitioners
claims
time
barred
even
applicable
period
days
see
may
reason
avoid
ruling
point
dissent
attempts
distinguish
delaware
state
college
ricks
ground
allegedly
discriminatory
denial
tenure
served
notice
plaintiff
termination
year
later
come
delayed
inevitable
consequence
post
emphasis
original
citation
omitted
builds
earlier
criticism
day
seniority
system
adopted
reason
believe
woman
exercised
plantwide
seniority
become
tester
ever
demoted
result
new
system
point
prospect
petitioners
suffering
concret
harm
speculative
post
emphasis
original
course
benefits
seniority
system
like
insurance
policy
payable
upon
occurrence
noninevitable
event
nature
speculative
depend
upon
employee
continuing
desire
work
particular
employer
makes
sense
say
concrete
harm
occurs
employer
provides
patently
less
desirable
seniority
guarantee
law
requires
say
concrete
harm
occurs
insurance
company
delivers
accident
insurance
policy
face
value
paid
face
value
true
injury
employee
becomes
substantially
concrete
less
desirable
seniority
system
causes
demotion
injury
policyholder
becomes
substantially
concrete
accident
occurs
payment
less
irrelevant
whether
concrete
injury
outset
dissent
means
concrete
harm
ricks
referred
point
injury
becomes
painful
case
rejected
point
reference
liability
accord
chardon
fernandez
per
curiam
like
ricks
air
lines
evans
decision
machinists
nlrb
also
rejected
attempt
cure
untimeliness
asserting
continuing
violation
applicability
principles
avoided
invoking
doctrine
continuing
violation
may
conceded
continued
enforcement
well
execution
collective
bargaining
agreement
constitutes
unfair
labor
practice
two
logically
separate
violations
independent
sense
described
discrete
terms
nevertheless
vice
enforcement
agreement
manifestly
independent
legality
execution
case
example
agreement
invalid
face
one
validly
executed
unlawfully
administered
dissent
mistaken
equate
application
facially
neutral
discriminatorily
adopted
system
application
system
facially
discriminatory
see
post
facially
neutral
system
discriminatory
act
occurs
time
adoption
application
nondiscriminatory
seniority
accrues
men
women
identical
basis
facially
discriminatory
system
one
assigns
men
twice
seniority
women
receive
amount
time
served
definition
discriminates
time
applied
material
difference
purposes
analysis
employed
evans
ricks
focuses
timing
discriminatory
acts
purposes
statute
limitations
also
dissent
citation
post
bazemore
friday
ach
week
paycheck
deliver
ed
less
black
similarly
situated
white
misplaced
justice
stevens
concurring
although
remain
convinced
misconstrued
title
vii
american
tobacco
patterson
see
dissenting
opinion
delaware
state
college
ricks
see
dissenting
opinion
correctly
applied
decisions
case
hand
construction
statute
rather
views
individual
justice
becomes
part
law
see
johnson
transportation
agency
santa
clara
county
stevens
concurring
dougherty
county
bd
education
white
stevens
concurring
accordingly
join
opinion
justice
marshall
justice
brennan
justice
blackmun
join
dissenting
majority
holds
today
alleged
employer
union
negotiated
adopted
new
seniority
system
intention
discriminating
women
violation
title
vii
et
limitations
period
set
forth
begins
run
immediately
upon
adoption
system
ante
even
employee
subsequently
challenges
system
reasonably
expected
demoted
otherwise
concretely
harmed
new
system
time
adoption
indeed
even
employee
working
affected
division
company
time
system
adoption
severe
interpretation
come
surprise
congress
whose
goals
enacting
title
vii
surely
never
included
conferring
absolute
immunity
discriminatorily
adopted
seniority
systems
survive
first
days
harsh
reality
today
decision
requiring
employees
sue
anticipatorily
forever
hold
peace
glaringly
odds
purposes
title
vii
compelled
neither
text
statute
precedents
interpreting
respectfully
dissent
facts
case
illustrate
austere
practical
consequences
majority
holding
day
seniority
system
adopted
reason
believe
woman
exercised
plantwide
seniority
become
tester
ever
demoted
result
new
system
indeed
new
system
five
years
woman
tester
regain
plantwide
seniority
intervening
five
years
potentially
endangered
patricia
lorance
already
tester
new
system
adopted
almost
made
four
years
tester
demoted
terms
new
system
new
system
concretely
harm
petitioners
janice
king
carol
bueschen
even
speculative
became
testers
several
months
seniority
system
modified
like
lorance
adversely
affected
restructured
seniority
system
indeed
absent
nationwide
recession
early
petitioners
might
never
affected
today
however
majority
concludes
women
barred
bringing
suit
failed
anticipate
within
days
new
system
adoption
contingencies
one
day
place
among
new
system
casualties
nothing
text
title
vii
compels
result
contrary
even
majority
concedes
plausible
reading
title
vii
regard
employer
violated
wing
statute
time
system
adoption
also
concrete
effect
system
felt
ante
see
also
describing
interpretation
logically
appealing
continuing
violation
theory
time
discriminatory
seniority
system
applied
like
time
discriminatory
salary
structure
applied
independent
unlawful
employment
practice
takes
place
triggering
limitations
period
anew
see
bazemore
friday
week
paycheck
delivers
less
black
similarly
situated
white
wrong
actionable
title
vii
cf
havens
realty
coleman
challenged
violation
continuing
one
staleness
concern
disappears
viewing
application
discriminatory
system
new
violation
serves
equal
opportunity
goals
title
vii
ensuring
victims
discrimination
prevented
day
today
decision
latest
example
flouting
intent
congress
gradually
diminished
application
title
vii
seniority
systems
first
held
requires
special
treatment
bona
fide
seniority
systems
title
vii
absent
discriminatory
purpose
operation
seniority
system
unlawful
employment
practice
even
system
discriminatory
consequences
trans
world
airlines
hardison
see
also
swint
held
narrow
margin
protects
even
seniority
systems
put
place
passage
title
vii
american
tobacco
co
patterson
majority
contends
result
reaches
today
dictated
precedents
involving
seniority
systems
view
today
decision
compounds
prior
decisional
errors
giving
unnecessarily
broad
scope
extension
particularly
inappropriate
forces
reach
bizarre
impractical
result
never
held
even
intimated
context
statute
limitations
inquiry
one
must
evaluate
challenges
seniority
system
born
discriminatory
intent
moment
adoption
indeed
held
majority
concession
worker
may
time
challenge
facially
discriminatory
seniority
plan
flatly
contradicted
precedent
ante
discriminatory
intent
goes
creation
even
facially
flawed
seniority
plan
different
discriminatory
intent
informs
creation
facially
neutral
one
impute
ongoing
intent
former
situation
latter
untenable
distinction
majority
erects
today
serves
reward
employers
ingenious
enough
cloak
acts
discrimination
facially
neutral
guise
identical
though
effects
system
may
facially
discriminatory
one
neither
air
lines
evans
delaware
state
college
ricks
majority
premises
rejection
continuing
violation
theory
compels
today
result
evans
unlike
instant
case
plaintiff
never
alleged
seniority
system
set
order
discriminate
indeed
observed
evans
attack
bona
fides
seniority
system
makes
charge
system
intentionally
designed
discriminate
see
also
sole
discrimination
alleged
evans
plaintiff
prior
discharge
impact
alleged
enhanced
upon
return
work
failure
seniority
system
accord
credit
time
served
discharged
denying
challenge
system
held
challenge
neutral
system
may
predicated
mere
fact
past
event
evan
prior
discharge
present
legal
significance
affected
calculation
seniority
credit
holding
plainly
inapposite
essence
petitioners
claim
discriminatorily
adopted
seniority
system
neutral
thus
majority
conclusion
past
event
cited
case
discriminatory
adoption
seniority
system
legal
challenge
present
legal
significance
quoted
ante
ipse
dixit
ricks
likewise
inapposite
allegedly
discriminatory
denial
tenure
case
served
notice
plaintiff
termination
year
later
come
delayed
inevitable
consequence
emphasis
added
thus
appropriate
many
areas
involving
statutes
limitations
doctrine
set
limitations
clock
running
upon
plaintiff
discovery
harm
petitioners
lorance
king
bueschen
however
given
advance
warning
majority
holds
limitations
clock
began
running
ran
long
apparent
demoted
discriminatory
system
like
evans
ricks
stands
proposition
neutral
employment
practices
passively
perpetuate
consequences
prior
discrimination
bred
discriminatory
intent
constitute
actionable
wrongs
title
vii
neither
case
suggests
operation
seniority
system
set
order
discriminate
treated
way
legitimate
seniority
tenure
system
born
nondiscriminatory
motives
particular
case
may
effect
passively
reinforcing
prior
acts
discrimination
finally
correct
say
machinists
nlrb
establishes
limitations
period
run
date
system
adopted
ante
therefore
controls
case
initially
bears
mention
machinists
arose
different
statute
national
labor
relations
act
nlra
machinists
involve
seniority
system
instead
union
security
clause
alleged
defectively
adopted
significant
though
role
nlra
model
title
vii
remedial
provisions
hardly
indicia
controlling
precedent
moreover
sound
reasons
support
finding
time
bar
machinists
time
bar
machinists
ricks
enforcement
challenged
security
clause
inevitable
consequence
execution
clause
affected
nonunion
employees
alike
inception
mystery
employees
affected
impact
contrast
case
essence
petitioners
claim
new
seniority
system
designed
discriminatory
impact
hurting
women
employees
group
time
inception
theoretically
hurting
particular
woman
employees
unlike
machinists
indication
anyone
employed
limitations
period
chosen
majority
tangibly
affected
new
plan
create
incentive
sue
majority
today
continues
process
immunizing
seniority
systems
requirements
title
vii
addition
hurdles
previously
put
place
employees
must
anticipate
initiate
suit
prevent
future
adverse
applications
seniority
system
matter
speculative
unlikely
applications
may
observation
limitations
periods
commence
run
soon
becomes
difficult
layman
invoke
protection
civil
rights
statutes
ricks
supra
increasingly
hollow
ring
believe
congress
framing
title
vii
even
remotely
contemplated
putting
employees
predicament
majority
today
makes
inevitable
dissent
case
complaint
previously
filed
state
local
agency
systems
survive
first
days
ante
remains
astonishing
seniority
systems
sheltered
claims
see
teamsters
opinion
marshall
even
majority
concedes
original
matter
plausible
perhaps
even
natural
reading
regards
subsection
merely
providing
affirmative
defense
action
brought
ante
even
accepting
precedents
believe
majority
prohibit
finding
petitioners
made
timely
colorable
claim
disparate
impact
trans
world
airlines
hardison
held
bona
fide
seniority
systems
exempted
claims
accepting
true
petitioners
allegation
union
restructured
seniority
system
discriminatory
reasons
system
qualify
bona
fide
one
entitled
immunity
claims
tellingly
none
courts
appeals
presented
claim
continuing
violation
reached
result
majority
today
reaches
indeed
two
courts
appeals
interpreted
precedents
permit
claims
continuing
violation
cook
pan
american
world
airways
cf
johnson
general
electric
even
seventh
circuit
finding
petitioners
claim
time
barred
judgment
review
adopted
far
narrower
interpretation
majority
limitations
period
begins
run
date
employee
first
becomes
subject
seniority
system