franks
bowman
transportation
argued
november
decided
march
class
action
respondent
employer
certain
labor
unions
respondent
union
successor
petitioners
alleged
various
racially
discriminatory
employment
practices
violation
title
vii
civil
rights
act
act
especially
respect
employment
otr
truck
drivers
certifying
action
class
action
inter
alia
designating
one
classes
represented
petitioner
lee
consisting
black
nonemployee
applicants
applied
denied
otr
positions
prior
january
district
permanently
enjoined
respondents
perpetuating
discriminatory
practices
found
exist
regard
black
applicants
otr
positions
ordered
employer
notify
members
designated
class
right
priority
consideration
jobs
declined
grant
unnamed
members
class
specific
relief
sought
included
award
backpay
seniority
status
retroactive
date
individual
application
otr
position
vacating
district
judgment
insofar
failed
award
backpay
unnamed
members
class
reversing
grounds
appeals
affirmed
district
denial
form
seniority
relief
holding
relief
barred
matter
law
title
vii
provides
shall
unlawful
employment
practice
employer
inter
alia
apply
different
conditions
employment
pursuant
bona
fide
seniority
system
held
petitioner
lee
named
plaintiff
representing
class
question
longer
personal
stake
outcome
action
hired
respondent
employer
later
properly
discharged
cause
moot
case
adverse
relationship
sufficient
meet
requirement
live
controversy
remain
obtained
unnamed
members
class
respect
underlying
cause
action
also
continues
respect
assertion
relief
received
entitlement
consideration
hiring
backpay
inadequate
without
award
entitlement
seniority
benefits
pp
section
bar
seniority
relief
unnamed
members
class
question
seeking
modification
elimination
existing
seniority
system
award
seniority
status
individually
enjoyed
present
system
illegal
discriminatory
refusal
hire
thrust
directed
toward
defining
illegal
discriminatory
employment
practice
instances
operation
seniority
system
challenged
perpetuating
effects
discrimination
occurring
prior
act
effective
date
indication
legislative
materials
concerning
intended
modify
restrict
relief
otherwise
appropriate
act
illegal
discriminatory
practice
occurring
act
effective
date
proved
discriminatory
refusal
hire
case
pp
award
seniority
retroactive
date
individual
job
application
appropriate
title
vii
effectuate
title
vii
objective
making
persons
whole
injuries
suffered
account
unlawful
employment
discrimination
vests
broad
equitable
discretion
federal
courts
order
affirmative
action
may
appropriate
may
include
limited
reinstatement
hiring
employees
without
back
pay
relief
deems
appropriate
merely
require
respondent
employer
hire
class
victim
discrimination
falls
far
short
make
whole
remedy
concomitant
award
seniority
credit
presumptively
earned
wrongful
treatment
also
seem
necessary
absent
justification
denying
relief
without
seniority
award
dating
time
discriminatorily
refused
employment
individual
applies
obtains
employment
otr
driver
pursuant
district
order
never
obtain
rightful
place
hierarchy
seniority
according
various
employment
benefits
distributed
pp
denial
seniority
relief
unnamed
class
members
justified
within
district
discretion
grounds
given
individuals
filed
administrative
charges
equal
employment
opportunity
commission
title
vii
evidence
vacancy
qualification
performance
every
individual
member
class
denial
relief
justified
within
district
discretion
ground
award
retroactive
seniority
class
discriminatees
conflict
economic
interests
employees
respondent
employer
district
made
mention
considerations
denying
relief
deny
relief
ground
applied
generally
frustrate
make
whole
objective
title
vii
pp
brennan
delivered
opinion
stewart
white
marshall
blackmun
joined
part
powell
joined
burger
filed
opinion
concurring
part
dissenting
part
post
powell
filed
opinion
concurring
part
dissenting
part
rehnquist
joined
post
stevens
took
part
consideration
decision
case
morris
baller
argued
cause
petitioners
briefs
jack
greenberg
james
nabrit
iii
barry
goldstein
eric
schnapper
john
myer
elizabeth
rindskopf
william
pate
argued
cause
filed
brief
respondent
bowman
transportation
michael
gottesman
argued
cause
respondent
steelworkers
america
joint
briefs
respondent
american
federation
labor
congress
industrial
organizations
amicus
curiae
urging
reversal
elliot
bredhoff
robert
weinberg
bernard
kleiman
carl
frankel
jerome
cooper
james
dorsey
albert
woll
laurence
gold
gerard
smetana
jerry
kronenberg
howard
mocerf
milton
smith
richard
berman
filed
brief
chamber
commerce
amicus
curiae
urging
affirmance
briefs
amici
curiae
filed
solicitor
general
bork
assistant
attorney
general
pottinger
mark
evans
brian
landsberg
david
rose
julia
cooper
joseph
eddins
beatrice
rosenberg
et
al
joseph
rauh
john
silard
elliott
lichtman
john
fillion
stephen
schlossberg
jordan
rossen
jay
whitman
herbert
segal
local
automobile
workers
justice
brennan
delivered
opinion
case
presents
question
whether
identifiable
applicants
denied
employment
race
effective
date
violation
title
vii
civil
rights
act
stat
amended
et
seq
ed
supp
iv
may
awarded
seniority
status
retroactive
dates
employment
applications
petitioner
franks
brought
class
action
district
northern
district
georgia
former
employer
respondent
bowman
transportation
unions
international
union
district
allied
technical
workers
canada
local
alleging
various
racially
discriminatory
employment
practices
violation
title
vii
petitioner
lee
intervened
behalf
others
similarly
situated
alleging
racially
discriminatory
hiring
discharge
policies
limited
bowman
employment
otr
truck
drivers
following
trial
district
found
bowman
engaged
pattern
racial
discrimination
various
company
policies
including
hiring
transfer
discharge
employees
found
discriminatory
practices
perpetrated
bowman
agreement
unions
district
certified
action
proper
class
action
fed
rule
civ
proc
import
issues
found
petitioner
lee
represented
black
applicants
sought
hired
transfer
otr
driving
positions
prior
january
final
order
decree
district
subdivided
class
represented
petitioner
lee
class
black
nonemployee
applicants
otr
positions
prior
january
class
class
black
employees
applied
transfer
otr
positions
prior
date
class
final
judgment
entered
july
district
permanently
enjoined
respondents
perpetuating
discriminatory
practices
found
exist
regard
black
applicants
otr
positions
ordered
bowman
notify
members
within
days
right
priority
consideration
jobs
district
declined
however
grant
unnamed
members
classes
specific
relief
sought
included
award
backpay
seniority
status
retroactive
date
individual
application
otr
position
petitioners
appeal
appeals
fifth
circuit
raising
part
claimed
inadequacy
relief
ordered
respecting
unnamed
members
various
subclasses
involved
appeals
affirmed
part
reversed
part
vacated
part
appeals
held
district
exercised
discretion
erroneous
view
law
insofar
failed
award
backpay
unnamed
class
members
classes
vacated
judgment
respect
judgment
reversed
insofar
failed
award
seniority
remedy
members
class
judgment
district
sought
obtained
priority
consideration
transfer
otr
positions
respects
unnamed
members
class
nonemployee
black
applicants
applied
denied
otr
positions
prior
january
appeals
affirmed
district
denial
form
seniority
relief
last
aspect
appeals
judgment
us
review
grant
petition
certiorari
respondent
bowman
raises
threshold
issue
mootness
district
found
bowman
hired
petitioner
lee
representative
class
subsequently
properly
discharged
cause
appeals
affirmed
bowman
argues
since
lee
event
eligible
hiring
relief
favor
otr
nonemployee
discriminatees
personal
stake
outcome
therefore
question
whether
nonemployee
discriminatees
entitled
award
seniority
hired
compliance
district
order
moot
bowman
relies
sosna
iowa
board
school
jacobs
reliance
misplaced
sosna
involved
challenge
residency
requirement
state
divorce
statute
district
properly
certified
action
class
action
however
case
reached
named
representative
satisfied
state
residency
requirement
fact
obtained
divorce
another
state
although
named
representative
longer
personal
stake
outcome
held
hen
district
certified
propriety
class
action
class
unnamed
persons
described
certification
acquired
legal
status
separate
interest
asserted
named
representative
accordingly
cases
controversies
requirement
art
iii
constitution
satisfied
true
bowman
emphasizes
sosna
instance
capable
repetition
yet
evading
review
aspect
law
mootness
aspect
sosna
remarked
board
school
jacobs
supra
case
held
moot
nothing
sosna
board
school
opinions
holds
even
intimates
fact
named
plaintiff
longer
personal
stake
outcome
certified
class
action
renders
class
action
moot
unless
remains
issue
capable
repetition
yet
evading
review
insofar
concept
mootness
defines
constitutionally
minimal
conditions
invocation
federal
judicial
power
meaning
scope
concepts
justiciability
must
derived
fundamental
policies
informing
cases
controversies
limitation
imposed
art
iii
often
situation
constitutional
adjudication
two
words
iceberg
quality
containing
beneath
surface
simplicity
submerged
complexities
go
heart
constitutional
form
government
embodied
words
cases
controversies
two
complementary
somewhat
different
limitations
part
words
limit
business
federal
courts
questions
presented
adversary
context
form
historically
viewed
capable
resolution
judicial
process
part
words
define
role
assigned
judiciary
tripartite
allocation
power
assure
federal
courts
intrude
areas
committed
branches
government
flast
cohen
unnamed
members
class
entitled
relief
already
afforded
lee
hiring
backpay
thus
extent
personal
stake
outcome
controversy
whether
also
entitled
seniority
relief
assure
concrete
adverseness
sharpens
presentation
issues
upon
largely
depends
illumination
difficult
questions
baker
carr
given
properly
certified
class
action
sosna
contemplates
mootness
turns
whether
specific
circumstances
given
case
time
adversary
relationship
sufficient
fulfill
function
exists
case
adversary
relationship
obviously
obtained
unnamed
class
members
respect
underlying
cause
action
also
continues
obtain
respects
assertion
relief
received
entitlement
consideration
hiring
backpay
inadequate
without
award
entitlement
seniority
benefits
becomes
crystal
clear
upon
examination
circumstances
record
case
unnamed
members
class
involved
identifiable
individuals
individually
named
record
already
availed
hiring
relief
ordered
district
presently
employed
otr
drivers
bowman
tr
oral
arg
conditions
employment
far
foreseen
continue
partially
function
status
seniority
system
rights
members
class
employment
district
orders
currently
subject
litigation
questions
raised
concerning
continuing
desire
class
members
seniority
relief
presently
issue
questions
raised
concerning
tenacity
competence
counsel
pursuing
mode
legal
relief
follows
meaningful
sense
live
controversy
reflecting
issues
found
absent
accordingly
bowman
mootness
argument
merit
ii
affirming
district
denial
seniority
relief
class
group
discriminatees
appeals
held
relief
barred
title
vii
disagree
section
provides
pertinent
part
notwithstanding
provision
title
shall
unlawful
employment
practice
employer
apply
different
standards
compensation
different
terms
conditions
privileges
employment
pursuant
bona
fide
seniority
merit
system
provided
differences
result
intention
discriminate
race
color
religion
sex
national
origin
black
applicants
otr
positions
composing
class
limited
whose
applications
put
evidence
trial
underlying
legal
wrong
affecting
alleged
operation
racially
discriminatory
seniority
system
racially
discriminatory
hiring
system
petitioners
ask
modification
elimination
existing
seniority
system
award
seniority
status
individually
enjoyed
present
system
illegal
discriminatory
refusal
hire
context
must
shape
determination
meaning
effect
face
appears
definitional
provision
provisions
subsection
delineates
employment
practices
illegal
thereby
prohibited
section
certainly
expressly
purport
qualify
proscribe
relief
otherwise
appropriate
remedial
provisions
title
vii
circumstances
illegal
discriminatory
act
practice
found
legislative
history
plainly
negates
reading
limiting
qualifying
relief
authorized
initial
bill
reported
house
judiciary
committee
passed
full
house
february
contain
neither
house
bill
majority
judiciary
committee
report
even
mentioned
problem
seniority
subject
thereafter
surfaced
debate
bill
senate
debate
prompted
senators
clark
case
respond
criticism
title
vii
destroy
existing
seniority
systems
placing
interpretive
memorandum
congressional
record
memorandum
stated
title
vii
effect
established
seniority
rights
effect
prospective
retrospective
cong
rec
senator
clark
also
placed
congressional
record
justice
department
statement
concerning
title
vii
stated
asserted
title
vii
undermine
vested
rights
seniority
correct
title
vii
effect
seniority
rights
existing
time
takes
effect
several
weeks
thereafter
following
several
informal
conferences
among
senate
leadership
house
leadership
attorney
general
others
see
vaas
title
vii
legislative
history
ind
com
rev
compromise
substitute
bill
prepared
senators
mansfield
dirksen
senate
majority
minority
leaders
respectively
containing
introduced
senate
floor
although
substitute
bill
hence
subject
committee
report
see
generally
vaas
supra
senator
humphrey
one
informal
conferees
later
stated
debate
substitute
designed
alter
meaning
title
vii
generally
rather
merely
clarifies
present
intent
effect
cong
rec
accordingly
whatever
exact
meaning
scope
light
unusual
legislative
history
absence
usual
legislative
materials
see
vaas
supra
apparent
thrust
section
directed
toward
defining
illegal
discriminatory
practice
instances
operation
seniority
system
challenged
perpetuating
effects
discrimination
occurring
prior
effective
date
act
indication
legislative
materials
intended
modify
restrict
relief
otherwise
appropriate
illegal
discriminatory
practice
occurring
effective
date
act
proved
instant
case
discriminatory
refusal
hire
accords
apparently
unanimous
view
commentators
see
cooper
sobol
seniority
testing
fair
employment
laws
general
approach
objective
criteria
hiring
promotion
harv
rev
stacy
title
vii
seniority
remedies
time
economic
downturn
vand
rev
therefore
hold
appeals
erred
concluding
matter
law
barred
award
seniority
relief
unnamed
class
members
iii
remains
question
whether
award
seniority
relief
appropriate
remedial
provisions
title
vii
specifically
begin
repeating
observation
earlier
decisions
enacting
title
vii
civil
rights
act
congress
intended
prohibit
practices
whatever
form
create
inequality
employment
opportunity
due
discrimination
basis
race
religion
sex
national
origin
alexander
mcdonnell
douglas
green
griggs
duke
power
ordained
policy
outlawing
discrimination
highest
priority
alexander
supra
newman
piggie
park
enterprises
last
term
albemarle
paper
moody
consistently
congressional
plan
held
one
central
purposes
title
vii
make
persons
whole
injuries
suffered
account
unlawful
employment
discrimination
effectuate
make
whole
objective
congress
vested
broad
equitable
discretion
federal
courts
order
affirmative
action
may
appropriate
may
include
limited
reinstatement
hiring
employees
without
back
pay
equitable
relief
deems
appropriate
legislative
history
supporting
amendments
title
vii
affirms
breadth
discretion
provisions
intended
give
courts
wide
discretion
exercising
equitable
powers
fashion
complete
relief
possible
act
intended
make
victims
unlawful
employment
discrimination
whole
attainment
objective
requires
persons
aggrieved
consequences
effects
unlawful
employment
practice
far
possible
restored
position
unlawful
discrimination
analysis
accompanying
equal
employment
opportunity
act
conference
report
cong
rec
emphatic
confirmation
federal
courts
empowered
fashion
relief
particular
circumstances
case
may
require
effect
restitution
making
whole
insofar
possible
victims
racial
discrimination
hiring
adequate
relief
may
well
denied
absence
seniority
remedy
slotting
victim
position
seniority
system
hired
time
application
hardly
questioned
ordinarily
relief
necessary
achieve
makewhole
purposes
act
seniority
systems
entitlements
conferred
credits
earned
thereunder
vast
increasing
importance
economic
employment
system
nation
slichter
healy
livernash
impact
collective
bargaining
management
seniority
principles
increasingly
used
allocate
entitlements
scarce
benefits
among
competing
employees
competitive
status
seniority
compute
noncompetitive
benefits
earned
contract
employment
benefit
seniority
ibid
already
said
competitive
status
seniority
become
overriding
importance
one
major
functions
determine
gets
keeps
available
job
humphrey
moore
provision
collective
agreement
seniority
affects
economic
security
individual
employee
covered
terms
aaron
reflections
legal
nature
enforceability
seniority
rights
harv
rev
competitive
status
seniority
also
often
plays
broader
role
modern
employment
systems
particularly
systems
operated
agreements
included
among
benefits
options
safeguards
affected
competitive
status
seniority
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
one
plant
preferred
place
line
stacy
vand
supra
footnotes
omitted
appeals
apparently
followed
reasoning
holding
district
erred
granting
seniority
relief
class
bowman
employees
discriminatorily
refused
transfer
otr
positions
yet
class
discriminatees
absence
comparable
seniority
award
also
remain
subordinated
seniority
system
class
discriminatees
distinction
plainly
finds
support
anywhere
title
vii
legislative
history
settled
law
dealing
related
twin
areas
discriminatory
hiring
discharges
violative
national
labor
relations
act
stat
amended
et
provides
persuasive
analogy
indeed
surprising
congress
gave
remedy
one
denied
phelps
dodge
nlrb
courts
differentiate
without
justification
classes
discriminatees
differentiation
without
substance
defiance
prohibition
discrimination
directed
similarly
decisions
construing
remedial
section
national
labor
relations
act
model
albemarle
paper
make
clear
remedies
constituting
authorized
affirmative
action
include
award
seniority
status
thrust
affirmative
action
redressing
wrong
incurred
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albemarle
paper
supra
iv
understood
holding
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fashioning
appropriate
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district
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bowman
attempts
justify
district
denial
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petitioners
exercise
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albemarle
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made
clear
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purposes
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ing
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courts
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ing
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complete
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title
vii
attainable
facts
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form
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remedy
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effect
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record
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discrimination
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permissible
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central
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eradicating
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persons
whole
injuries
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past
discrimination
ibid
district
stated
two
reasons
denial
seniority
relief
unnamed
class
members
first
individuals
filed
administrative
charges
provisions
title
vii
equal
employment
opportunity
commission
therefore
class
relief
sort
appropriate
rejected
justification
denial
relief
context
backpay
awards
albemarle
paper
reasons
reject
justification
denying
relief
title
vii
suits
unanimously
rejected
courts
appeals
congress
ratified
construction
amendments
albemarle
paper
supra
second
reason
stated
district
claims
presuppose
vacancy
qualification
performance
every
member
evidence
base
multiple
conclusions
pet
cert
appeals
rejected
reason
insofar
basis
district
denial
backpay
denial
retroactive
seniority
relief
unnamed
members
class
hold
also
improper
reason
denying
seniority
relief
unnamed
members
class
read
district
reference
lack
evidence
regarding
vacancy
qualification
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every
individual
member
class
expression
concern
unnamed
class
members
unhired
black
applicants
whose
employment
applications
summarized
record
may
fact
actual
victims
racial
discrimination
factor
become
material
however
persons
reapply
otr
positions
pursuant
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relief
ordered
district
generalizations
concerning
individually
applicable
evidence
serve
justification
denial
relief
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class
rather
time
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class
members
seek
positions
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positions
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entitled
priority
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consideration
district
order
evidence
particular
individuals
fact
victims
racial
discrimination
material
petitioners
carried
burden
demonstrating
existence
discriminatory
hiring
pattern
practice
respondents
therefore
burden
upon
respondents
prove
individuals
reapply
fact
victims
previous
hiring
discrimination
cf
mcdonnell
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green
baxter
savannah
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rfg
cert
denied
burden
met
may
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seniority
otherwise
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appropriate
form
relief
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particular
case
denied
individual
class
members
respondent
bowman
raises
alternative
theory
justification
bowman
argues
award
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class
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bowman
employees
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district
acted
within
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interests
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groups
employees
reject
argument
two
reasons
first
district
made
mention
considerations
order
denying
seniority
relief
noted
albemarle
paper
district
declines
due
peculiar
circumstances
particular
case
award
relief
generally
appropriate
title
vii
necessary
carefully
articulate
reasons
second
fundamentally
apparent
denial
seniority
relief
identifiable
victims
racial
discrimination
sole
ground
relief
diminishes
expectations
arguably
innocent
employees
applied
generally
frustrate
central
make
whole
objective
title
vii
conflicting
interests
employees
course
always
present
instances
scarce
employment
benefit
distributed
among
employees
basis
status
seniority
hierarchy
said
nothing
language
title
vii
legislative
history
show
congress
intended
generally
bar
form
relief
victims
illegal
discrimination
experience
remedial
model
national
labor
relations
act
points
contrary
accordingly
find
untenable
conclusion
form
relief
may
denied
merely
interests
employees
may
thereby
affected
relief
title
vii
denied
merely
majority
group
employees
suffered
discrimination
unhappy
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hope
correcting
wrongs
act
directed
bethlehem
steel
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problems
fairness
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respecting
conflicting
interests
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groups
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petitioners
seek
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status
retroactive
date
individual
application
rather
form
arguably
complete
relief
claim
asserted
nondiscriminatee
employees
holding
otr
positions
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illegal
discrimination
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seniority
status
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therefore
clear
even
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relief
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obtain
otr
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still
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petitioners
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status
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criticizes
result
sufficiently
cognizant
directly
implicate
rights
expectations
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innocent
employees
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view
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reach
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alone
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sharing
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ttainment
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certainly
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held
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strong
public
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tilton
missouri
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act
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enjoy
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fishgold
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employees
previous
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ford
motor
huffman
ability
union
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end
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past
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national
policy
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less
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ry
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expressed
view
statutory
scheme
title
vii
implicitly
recognizes
may
cases
calling
one
remedy
another
owing
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judiciary
choices
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first
instance
district
courts
albemarle
paper
circumstances
peculiar
individual
case
may
course
justify
modification
withholding
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relief
reasons
applied
generally
undermine
purposes
title
vii
instant
case
appears
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establish
seniority
upon
completion
probationary
period
although
upon
completion
seniority
retroactive
date
hire
certainly
seniority
relief
ultimately
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district
properly
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amici
respondent
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point
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light
trial
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keener
appreciation
peculiar
facts
circumstances
albemarle
paper
supra
accordingly
judgment
appeals
affirming
district
denial
seniority
relief
class
reversed
case
remanded
district
proceedings
consistent
opinion
ordered
footnotes
international
union
district
merged
steelworkers
america
hence
latter
successor
bargaining
representative
union
respondent
brief
respondent
steelworkers
america
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federation
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congress
industrial
organizations
amicus
curiae
conjunction
directions
district
regarding
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relief
members
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confronting
appeals
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class
members
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lee
first
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bowman
january
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september
filed
complaint
equal
employment
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lee
backpay
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period
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must
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time
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time
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plaintiff
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less
compelling
presented
instant
case
title
vii
claims
unnamed
class
members
automatically
mooted
merely
named
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determined
ineligible
relief
reasons
peculiar
individual
claim
roberts
union
moss
lane
moss
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circuit
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brown
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cert
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case
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us
named
representative
proved
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claim
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special
determined
ineligible
title
vii
relief
sought
behalf
class
discriminatees
represented
thus
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repetition
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evading
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dimension
sosna
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understood
context
mootness
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policy
rules
often
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avoid
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confessedly
within
jurisdiction
find
source
policy
rather
purely
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considerations
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cohen
see
also
harlan
dissenting
ashwander
tva
brandeis
concurring
present
instant
case
nonconstitutional
policy
considerations
supra
mitigating
review
present
time
indeed
split
underlying
case
require
individual
class
members
begin
anew
litigation
sole
issue
seniority
relief
destructive
ends
judicial
economy
postpone
indefinitely
relief
law
may
already
long
overdue
terms
judgment
district
runs
black
applicants
otr
positions
prior
january
qualified
limitation
discriminatory
refusal
hire
must
taken
place
effective
date
act
however
victims
racial
discrimination
members
class
title
vii
prohibition
racial
discrimination
hiring
became
effective
july
one
year
date
enactment
pub
stat
petitioners
sought
relief
case
identifiable
applicants
otr
positions
whose
applications
put
evidence
trial
app
unhired
black
applicants
prior
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whose
written
applications
summarized
record
none
applications
relates
years
prior
table
see
last
hired
first
fired
seniority
layoffs
title
vii
questions
liability
remedy
soc
prob
see
sess
cong
rec
supra
full
text
memorandum
pertaining
seniority
title
vii
effect
established
seniority
rights
effect
prospective
retrospective
thus
example
business
discriminating
past
result
working
force
title
comes
effect
employer
obligation
simply
fill
future
vacancies
nondiscriminatory
basis
obliged
indeed
permitted
fire
whites
order
hire
negroes
prefer
negroes
future
vacancies
negroes
hired
give
special
seniority
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expense
white
workers
hired
earlier
however
waiting
lists
employment
training
prior
effective
date
title
maintained
discriminatory
basis
use
lists
title
takes
effect
may
held
unlawful
subterfuge
accomplish
discrimination
full
text
statement
pertinent
seniority
reads
first
asserted
title
vii
undermine
vested
rights
seniority
correct
title
vii
effect
seniority
rights
existing
time
takes
effect
example
collective
bargaining
contract
provides
event
layoffs
hired
last
must
laid
first
provision
affected
least
title
vii
true
even
case
owing
discrimination
prior
effective
date
title
white
workers
seniority
negroes
title
vii
directed
discrimination
based
race
color
religion
sex
national
origin
perfectly
clear
worker
laid
denied
chance
promotion
established
seniority
rules
low
man
totem
pole
discriminated
race
course
seniority
rule
discriminatory
unlawful
title
vii
rule
state
negroes
must
laid
white
man
rule
serve
basis
discharge
subsequent
effective
date
title
know
anyone
quarrel
result
ordinary
case
assuming
seniority
rights
built
period
time
negroes
hired
rights
set
aside
taking
effect
title
vii
employers
labor
organizations
simply
duty
discriminate
negroes
race
differences
treatment
based
established
seniority
rights
based
race
forbidden
title
cong
rec
question
situation
prevail
respect
promotions
management
function
governed
labor
contract
calling
promotions
basis
seniority
dismissals
normally
labor
contracts
call
last
hired
first
fired
last
hired
negroes
employer
discriminating
contract
requires
first
fired
remaining
employees
white
answer
seniority
rights
way
affected
bill
last
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first
fired
agreement
negro
happens
last
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still
first
fired
long
done
status
last
hired
race
question
employer
directed
abolish
employment
list
discrimination
happens
seniority
answer
bill
retroactive
require
employer
change
existing
seniority
lists
cf
gould
employment
security
seniority
race
role
title
vii
civil
rights
act
see
also
jurinko
edwin
wiegand
vacated
remanded
grounds
wherein
awarded
back
seniority
case
discriminatory
hiring
effective
date
title
vii
without
discussion
impact
propriety
remedy
section
title
vii
supp
iv
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
reinstatement
hiring
employees
without
back
pay
payable
employer
employment
agency
labor
organization
case
may
responsible
unlawful
employment
practice
equitable
relief
deems
appropriate
back
pay
liability
shall
accrue
date
two
years
prior
filing
charge
commission
interim
earnings
amounts
earnable
reasonable
diligence
person
persons
discriminated
shall
operate
reduce
back
pay
otherwise
allowable
order
shall
require
admission
reinstatement
individual
member
union
hiring
reinstatement
promotion
individual
employee
payment
back
pay
individual
refused
admission
suspended
expelled
refused
employment
advancement
suspended
discharged
reason
discrimination
account
race
color
religion
sex
national
origin
violation
section
title
equal
employment
opportunity
act
stat
amending
et
seq
true
backpay
remedy
specifically
mentioned
draw
fact
sections
statute
post
implicit
statement
congress
seniority
relief
prohibited
least
less
available
form
remedy
warranted
indeed
contention
necessarily
disregards
extensive
legislative
history
underlying
amendments
title
vii
amendments
added
phrase
speaking
equitable
relief
senate
report
manifested
explicit
concern
earnings
gap
presently
existing
black
white
employees
american
society
reports
houses
congress
indicated
rightful
place
intended
objective
title
vii
relief
accorded
thereunder
ibid
indicated
infra
seniority
implicating
employee
future
earnings
job
security
advancement
prospects
absolutely
essential
obtaining
congressionally
mandated
goal
legislative
history
underlying
amendments
completely
answers
argument
congress
somehow
intended
seniority
relief
less
available
pursuit
goal
explaining
need
amendments
senate
report
stated
employment
discrimination
viewed
today
complex
pervasive
phenomenon
experts
familiar
subject
generally
describe
problem
terms
systems
effects
rather
simply
intentional
wrongs
literature
subject
replete
discussions
example
mechanics
seniority
lines
progression
perpetuation
present
effect
discriminatory
practices
various
institutional
devices
testing
validation
requirements
supra
area
new
law
address
areas
specific
contrary
intention
indicated
assumed
present
case
law
developed
courts
continue
govern
applicability
construction
title
vii
analysis
accompanying
equal
employment
opportunity
act
conference
report
cong
rec
emphasis
added
app
ibid
record
app
record
least
regard
benefit
seniority
length
vacation
leave
pension
benefits
instant
case
general
bar
award
retroactive
seniority
victims
illegal
hiring
discrimination
serves
undermine
mutually
reinforcing
effect
dual
purposes
title
vii
reduces
restitution
required
employer
time
called
upon
account
discriminatory
actions
perpetrated
violation
law
see
albemarle
paper
moody
accordingly
clear
seniority
remedy
petitioners
seek
concern
make
whole
purposes
title
vii
dissent
errs
treating
issue
seniority
relief
implicating
make
whole
objective
title
vii
stating
title
vii
primary
objective
eradicating
discrimination
served
post
nothing
reality
issue
seniority
relief
cuts
heart
title
vii
primary
objective
eradicating
present
future
discrimination
way
backpay
example
never
eniority
right
worker
exercises
job
movement
future
rather
simple
payment
past
poplin
fair
employment
depressed
economy
layoff
problem
rev
extent
difference
wording
respective
provisions
grants
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broader
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title
vii
may
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vii
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vii
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vii
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title
vii
reasons
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title
vii
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vii
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title
vii
primary
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title
vii
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title
vii
congressional
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title
vii
construed
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title
vii
require
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title
vii
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title
vii
attainable
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vii
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vii
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title
vii
relief
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title
vii
remedies
respondent
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america
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title
vii
provide
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