robinson shell oil argued november decided february held term employees used title vii includes former employees petitioner may sue respondent allegedly retaliatory postemployment actions pp consideration statutory language specific context used broader context title vii whole leads conclusion term employees ambiguous whether excludes former employees first temporal qualifier make plain protects persons still employed time retaliation second general definition employee likewise lacks temporal qualifier consistent either current past employment third number title vii provisions including use term employees mean something inclusive different current employees still sections usethe term refer unambiguously current employee see demonstrates term may plain meaning context particular section meaning sections contexts established employees includes former employees sections others term standing alone necessarily ambiguous section must analyzed determine whether context gives term definite meaning pp holding former employees included within coverage consistent broader context provided title vii sections primary purpose maintaining unfettered access title vii remedial mechanisms noted several sections statute plainly contemplate former employees make use title vii remedial mechanisms include prohibits discriminatory discharge insofar expressly protects employees retaliation filing charge charge alleging unlawful discharge necessarily brought former employee far consistent include former employees within scope employees protected interpretation supported arguments petitioner eeoc exclusion former employees undermine title vii effectiveness allowing threat postemployment retaliation deter victims discrimination complaining eeoc provide perverse incentive employers fire employees might bring title vii claims pp reversed thomas delivered opinion unanimous notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions wash ington typographical formal errors order corrections may made preliminary print goes press charles robinson petitioner shell oil company writ certiorari appeals fourth circuit february justice thomas delivered opinion section title vii civil rights act makes unlawful employer discriminate employees applicants employment either availed title vii protections assisted others stat amended asked decide case whether term employees used includes former employees petitioner may bring suit former employer postemployment actions allegedly taken retaliation petitioner filed charge equal employment opportunity commission eeoc appeals fourth circuit sitting en banc held term employees referred current employees therefore petitioner claim cognizable title vii granted certiorari reverse respondent shell oil fired petitioner charles robinson shortly thereafter petitioner filed charge eeoc alleging respondent discharged race thatcharge pending petitioner applied job another company company contacted respondent petitioner former employer employment reference petitioner claims respondent gave negative reference retaliation filed eeoc charge petitioner subsequently sued alleging retaliatory discrimination respondent motion district dismissed action adhering previous fourth circuit precedent holding apply former employees petitioner appealed divided panel fourth circuit reversed district fourth circuit granted rehearing en banc vacated panel decision thereafter affirmed district determination former employees may bring suit retaliation occurring termination employment en banc granted certiorari order resolve conflict among circuits issue first step interpreting statute determine whether language issue plain unambiguous meaning regard particular dispute case inquiry must cease statutory language unambiguous statutory scheme coherent consistent ron pair enterprises see also connecticut nat bank germain plainness ambiguity statutory language determined reference language specific context language used broader context statute whole estate cowart nicklos drilling mccarthy bronson case consideration factors leads us conclude term employees used ambiguous whether excludes former employees first blush term employees seem refer existing employment relationship employer question cf walters metropolitan ed enterprises slip interpreting term employees initial impression however withstand scrutiny context first temporal qualifier statute make plain protects persons still employed time retaliation statute expressly included phrase former employees aid inquiry congress also used phrase current employees nowhere title vii either phrase used even specific context otherwise makesclear intent cover current former employees similarly statutes specific coverage employees former employees see supp defining employee include former employee including employees former employees applicants employment operative provision proves congress use unqualified term employees refer current employees particular statute second title vii definition employee likewise lacks temporal qualifier consistent either current past employment section defines employee purposes title vii individual employed employer argument term employed used commonly used mean erforming work relationship black law dictionary ed begs question implicitly reading word employed mean employed word employed limited possible meanings easily read mean employed third number provisions title vii usethe term employees mean something inclusive different current employees example authorize affirmative remedial action eeoc respectively may include reinstatement hiring employees petitioner notes one reinstat current employees language necessarily refers former employees likewise one may hire individuals employees one typically hire persons already employees section requires federal departments agencies equal employment opportunity policies rules shall include provision employee applicant employment shall notified final action taken complaint discrimination filed thereunder complaint involves discriminatory discharge often employee must notified necessarily former employee similarly provides employee applicant employment aggrieved final disposition complaint may file civil action given discriminatory discharge forbidden personnel actio affecting employees see term employee necessarily includes former employee see loeffler frank involving discriminatory discharge action successfully brought former postal service employee course sections title vii context use term employee refers unambiguously current employee example sections addressing salary promotions see allowing different standards compensation employees work different locations directing federal agencies establish plan provide maximum opportunity employees advance perform highest potential examples demonstrate term employees may plain meaning context particular section term meaning sections contexts established term employees includes former employees sections others term standing alone necessarily ambiguous section must analyzed determine whether context gives term meaning resolve issue dispute respondent argues addition word employees narrows scope provision brief respondent argument true far goes resolve question us namely time frame must employmentrelationship exist phrase employees include former employees still exclude persons never worked particular employer charged retaliation convinced respondent argument congress inclusion applicants employment persons distinct employees coupled failure include former employees evidence congressional intent include former employees use term applicants serve confine negative inference temporal scope term employees respondent argument rests incorrect premise term applicants equivalent phrase future employees term applicants seem cover many persons become employees unsuccessful applicants turn job offer example applicants future employees term fails cover certain future employees may offered accept jobs without apply jobs term applicants synonymous phrase future employees basis engaging questionable negative inference inclusion term applicants demonstrates intentional exclusion former employees finally use term individual well provides meaningful assistance resolving case sure individual broader term employee facially seem cover former employee also encompass present employee well persons never employment relationship employer issue term individual therefore seem designed capture former employees distinct current employees use provides insight whetherthe term employees limited currentemployees finding term employees ambiguous left resolve ambiguity broader context provided sections statute provides considerable assistance regard noted several sections statute plainly contemplate former employees make use remedial mechanisms title vii see supra indeed expressly includes discriminatory discharge one unlawful employment practices title vii directed insofar expressly protects employees retaliation filing charge title vii charge alleging unlawful discharge necessarily brought former employee far consistent include former employees within scope employees protected support view petitioner argues word employees includes former employees hold otherwise effectively vitiate much protection afforded see brief petitioner also position taken eeoc see brief eeoc amici curiae see also eeoc compliance manual according eeoc exclusion former employees protection undermine effectiveness title vii allowing threat post employment retaliation deter victims discrimination complaining eeoc provide perverse incentive employers fire employees might bring title vii claims brief eeoc amici curiae arguments carry persuasive force given theircoherence consistency primary purpose antiretaliation provisions maintaining unfettered access statutory remedial mechanisms cf nlrb scrivener national labor relations act mitchell robert demario jewelry fair labor standards act eeoc quite persuasively maintains destructive purpose antiretaliation provision employer able retaliate impunity entire class acts title vii example complaints regarding discriminatory termination agree contentions find support inclusive interpretation employees already suggested broader context title vii hold term employees used title vii ambiguous whether includes former employees consistent broader context title vii primary purpose hold former employees included within coverage accordingly decision fourth circuit reversed ordered footnotes courts appeals considered issue held term employees include former employees see charlton paramus bd cert denied bailey usx sky chefs overruled grounds atonio wards cove packing en banc pantchenko dolge rutherford american bank commerce fourth circuit indicated joined approach taken seventh circuit reed shepard seventh circuit since repudiated fourth circuit view reed see veprinsky fluor daniel recent decision walters metropolitan ed enterprises held term employees referred persons employer existing employment relationship see slip two significant temporal qualifiers provision delimits title vii coverage act applies employer fifteen employees working day twenty calendar weeks current preceding calendar year emphasis added emphasized words specify time frame employment relationship must exist thus specific context section present particular ambiguity issue present case sections also seem use term employees mean something current employees section defines employment agency person regularly undertaking procure employees employer procure employees opportunities work employer language naturally read mean prospective employees section uses identical language providing labor organization affects commerce operates hiring hall hiring office procures employees employer petitioner examples non title vii cases using term employee refer former employee largely irrelevant except extent tend rebut claim term employee intrinsically plain meaning see richardson belcher unemployed disabled worker nash florida industrial individual fired flemming nestor retired worker