landgraf
usi
film
products
argued
october
decided
april
bench
trial
petitioner
landgraf
suit
title
vii
civil
rights
act
title
vii
district
found
sexually
harassed
coworker
respondent
usi
film
products
harassment
severe
justify
decision
resign
position
found
employment
terminated
violation
title
vii
entitled
equitable
relief
title
vii
authorize
form
relief
dismissed
complaint
appeal
pending
civil
rights
act
act
act
became
law
includes
provisions
create
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recover
compensatory
punitive
damages
intentional
discrimination
violative
title
vii
hereinafter
authorize
party
demand
jury
trial
damages
claimed
hereinafter
affirming
appeals
rejected
landgraf
argument
case
remanded
jury
trial
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pursuant
held
section
apply
title
vii
case
pending
appeal
act
enacted
pp
since
president
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georgetown
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page
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landgraf
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justice
stevens
delivered
opinion
civil
rights
act
act
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recover
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damages
certain
violations
title
vii
civil
rights
act
see
rev
stat
added
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pub
stat
act
provides
party
may
demand
trial
jury
damages
sought
granted
certiorari
decide
whether
provisions
apply
title
vii
case
pending
appeal
statute
enacted
hold
september
january
petitioner
barbara
landgraf
employed
usi
film
products
usi
plant
tyler
texas
worked
shift
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machine
produced
plastic
bags
fellow
employee
named
john
landgraf
usi
film
products
williams
repeatedly
harassed
inappropriate
remarks
physical
contact
petitioner
complaints
immediate
supervisor
brought
relief
reported
incidents
personnel
manager
conducted
investigation
reprimanded
williams
transferred
another
department
four
days
later
petitioner
quit
job
petitioner
filed
timely
charge
equal
employment
opportunity
commission
eeoc
commission
commission
determined
petitioner
likely
victim
sexual
harassment
creating
hostile
work
environment
violation
title
vii
civil
rights
act
et
concluded
employer
adequately
remedied
violation
accordingly
commission
dismissed
charge
issued
notice
right
sue
july
petitioner
commenced
action
usi
corporate
owner
company
bench
trial
district
found
williams
sexually
harassed
petitioner
causing
suffer
mental
anguish
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concluded
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said
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harassment
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work
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voluntarily
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products
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harassment
question
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pet
cert
november
petitioner
appeal
pending
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signed
law
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rights
act
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argument
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trial
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richmond
school
ca
commenting
first
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trial
stated
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retry
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judicial
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rules
pending
cases
invalidate
procedures
followed
new
rule
adopted
characterized
provision
compensatory
punitive
damages
employer
liability
title
vii
violations
concluded
unjust
apply
kind
additional
unforeseeable
obligation
conduct
occurring
effective
date
act
ibid
finding
clear
error
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factual
findings
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judgment
respondents
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certiorari
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case
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roadway
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order
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applied
law
effect
time
discriminatory
conduct
relevant
findings
fact
correct
therefore
assume
petitioner
victim
sexual
harassment
violative
title
vii
law
authorize
recovery
damages
even
though
injured
also
assume
arguendo
conduct
occur
today
petitioner
entitled
jury
trial
jury
might
find
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discharged
mental
anguish
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support
award
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former
employer
thus
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question
whether
appeals
applied
law
effect
time
discriminatory
conduct
occurred
time
decision
july
ii
petitioner
primary
submission
text
act
requires
applied
cases
pending
enactment
argument
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make
entire
act
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exceptions
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conduct
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filed
act
effective
date
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issue
case
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analysis
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rights
act
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rights
statutes
order
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landgraf
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decision
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mind
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post
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rights
act
prohibition
racial
discrimination
mak
ing
enforce
ment
contracts
supp
iii
response
patterson
mclean
credit
union
responds
price
waterhouse
hopkins
setting
forth
standards
applicable
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motive
cases
responds
martin
wilks
prohibiting
certain
challenges
employment
practices
implementing
consent
decrees
responds
eeoc
arabian
american
oil
redefining
term
employee
used
title
vii
include
certain
citizens
working
foreign
countries
employers
responds
lorance
technologies
expanding
employees
rights
challenge
discriminatory
seniority
systems
responds
west
virginia
univ
hospitals
casey
providing
award
attorney
fees
may
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expert
fees
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library
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shaw
allowing
interest
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example
enacts
new
prohibition
adjusting
test
scores
basis
race
color
religion
sex
national
origin
extends
coverage
title
vii
include
house
representatives
certain
employees
legislative
branch
establish
special
procedures
protect
senate
employees
discrimination
among
provisions
directly
respond
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provides
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rights
action
brought
complaining
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rights
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respondent
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intentional
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rights
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lost
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benefits
vacation
pay
pension
benefits
burke
slip
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title
vii
plaintiff
wins
backpay
award
may
also
seek
compensatory
damages
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pain
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inconvenience
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employer
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plaintiff
federally
protected
rights
plaintiff
may
recover
punitive
damages
section
also
allows
monetary
relief
forms
workplace
discrimination
previously
justified
relief
title
vii
case
illustrates
even
unlawful
discrimination
proved
prior
law
title
vii
plaintiff
recover
monetary
relief
unless
discrimination
also
found
concrete
effect
plaintiff
employment
status
denied
promotion
differential
compensation
termination
see
burke
supra
slip
circumscribed
remedies
available
title
vii
act
stand
marked
contrast
available
traditional
tort
law
federal
statutes
well
section
however
allows
plaintiff
recover
circumstances
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discrimination
terms
landgraf
usi
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products
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privileges
employment
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though
discrimination
involve
discharge
loss
pay
short
title
vii
central
statutory
purposes
eradicating
discrimination
throughout
economy
making
persons
whole
injuries
suffered
past
discrimination
albemarle
paper
act
effects
major
expansion
relief
available
victims
employment
discrimination
comprehensive
civil
rights
bill
passed
houses
congress
although
similar
act
many
respects
bill
differed
contained
language
expressly
calling
application
many
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including
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providing
damages
cases
intentional
employment
discrimination
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arising
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enactment
landgraf
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president
vetoed
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landgraf
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part
section
extending
title
vii
overseas
employers
application
amendments
amendments
made
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shall
apply
respect
conduct
occurring
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enactment
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constructions
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rights
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congress
obviously
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title
vii
damages
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legislation
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agreement
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landgraf
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members
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majority
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tension
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construction
professor
llewellyn
famously
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many
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order
resolve
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left
open
act
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courts
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effect
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decision
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etroactivity
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enactments
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language
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kaiser
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older
republic
elementary
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expectations
lightly
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reason
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landgraf
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products
legal
effect
conduct
ordinarily
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kaiser
scalia
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free
dynamic
society
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rule
law
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people
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provisions
constitution
ex
post
facto
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flatly
prohibits
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penal
legislation
article
cl
prohibits
passing
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government
actors
depriving
private
persons
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property
rights
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public
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upon
payment
compensation
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singling
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brown
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turner
elkhorn
mining
provisions
demonstrate
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statutes
raise
particular
concerns
legislature
unmatched
powers
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sweep
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expectations
landgraf
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film
products
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political
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poses
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marshall
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graham
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citations
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ccdnh
case
construing
provision
new
hampshire
constitution
broadly
prohibits
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laws
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products
justice
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first
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notion
provision
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calder
bull
dall
dash
van
kleek
johns
landgraf
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film
products
statute
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merely
applied
case
arising
conduct
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statute
enactment
see
republic
nat
bank
miami
slip
thomas
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part
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based
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whether
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completed
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conclusion
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process
judgment
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nature
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see
danforth
groton
water
landgraf
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products
mass
holmes
familiar
considerations
fair
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reasonable
reliance
settled
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guidance
since
early
days
declined
give
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effect
statutes
burdening
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rights
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congress
made
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intent
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heth
cranch
refused
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statute
reducing
commissions
customs
collectors
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lacked
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strong
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requiring
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id
opinion
paterson
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explained
reference
unfairness
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persons
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burden
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provision
whether
criminal
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repeals
understood
preclude
punishment
acts
antedating
repeal
see
chambers
gulf
dennis
tynen
wall
norris
crocker
maryland
baltimore
ohio
yeaton
cranch
see
repealing
common
law
rule
largest
category
cases
applied
presumption
statutory
retroactivity
involved
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provisions
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contractual
property
rights
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stability
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importance
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chew
heong
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barring
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laborers
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without
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reentry
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left
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language
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statement
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enactments
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language
requires
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step
long
line
cases
bowen
paradigmatic
landgraf
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film
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case
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agency
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recoup
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see
search
clear
congressional
intent
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approach
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decisions
spanning
two
centuries
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statutory
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force
era
courts
tended
view
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contract
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century
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supply
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ordering
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way
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deference
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judgments
see
usery
turner
elkhorn
mining
home
bldg
loan
assn
blaisdell
constitutional
impediments
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legislation
modest
prospectivity
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appropriate
default
rule
accords
widely
held
intuitions
statutes
ordinarily
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presumption
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generally
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legislative
public
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requiring
clear
intent
assures
congress
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unfairness
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price
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requirement
allocates
congress
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judgments
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temporal
reach
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additional
virtue
giving
legislators
predictable
background
rule
legislate
although
long
embraced
presumption
statutory
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long
recognized
many
situations
apply
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effect
time
renders
landgraf
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film
products
decision
bradley
even
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law
enacted
events
gave
rise
suit
course
conflict
principle
presumption
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question
unambiguous
chief
justice
marshall
opinion
schooner
peggy
cranch
illustrates
point
treaty
signed
september
case
pending
appeal
unambiguously
provided
restoration
captured
property
yet
definitively
condemned
emphasis
original
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condemning
french
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schooner
peggy
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language
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specific
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passed
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unquestionably
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steel
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pending
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trial
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landgraf
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dismissed
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see
also
hallowell
commons
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osbornes
wall
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charlestone
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passed
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eliminated
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fact
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also
alabama
per
curiam
stephens
cherokee
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away
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present
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normally
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power
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nat
bank
miami
slip
thomas
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changes
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rules
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suits
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example
ex
parte
collett
held
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enactment
noted
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trial
retroactive
cf
mcburney
carson
petitioner
relies
principally
upon
bradley
richmond
school
thorpe
housing
authority
durham
support
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interpretive
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agency
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supra
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petitioner
tenant
yet
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saw
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authority
decided
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circular
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id
thorpe
viewed
new
eviction
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protection
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rights
cf
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miller
per
curiam
citing
thorpe
propriety
applying
new
law
avoiding
necessity
deciding
constitutionality
old
one
holding
bradley
similarly
compatible
line
decisions
disfavoring
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bradley
district
awarded
attorney
fees
costs
upon
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parents
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case
pending
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landgraf
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renders
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unless
result
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history
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although
language
suggests
categorical
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favor
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law
make
clear
bradley
alter
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genuinely
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cases
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determinations
observed
collateral
main
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action
uniquely
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action
proved
trial
white
new
hampshire
dept
employment
security
see
also
hutto
finney
moreover
even
enactment
federal
courts
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bradley
exercised
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clear
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plaintiff
parents
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schools
see
noting
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film
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plaintiffs
brought
school
board
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constitutional
mandate
citing
brown
board
education
light
prior
availability
fee
award
likelihood
fees
assessed
preexisting
theories
concluded
new
fee
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simply
impose
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obligation
upon
school
board
bradley
approving
application
new
fee
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bradley
take
issue
long
line
decisions
applying
presumption
retroactivity
opinion
distinguished
criticize
prior
cases
applied
canon
see
citing
greene
claridge
apartments
commissioner
union
pacific
laramie
stock
yards
authorities
relied
upon
bradley
lend
support
conclusion
intend
displace
traditional
presumption
applying
statutes
affecting
substantive
rights
liabilities
duties
conduct
arising
enactment
see
kaiser
scalia
concurring
bradley
relied
thorpe
precedents
consistent
presumption
statutory
retroactivity
including
decisions
involving
explicitly
retroactive
statutes
see
citing
inter
alia
freeborn
smith
wall
retroactive
application
intervening
judicial
decisions
see
landgraf
usi
film
products
citing
inter
alia
patterson
alabama
statutes
altering
jurisdiction
citing
inter
alia
alabama
repeal
criminal
statute
citing
chambers
moreover
none
decisions
relied
upon
bradley
thorpe
cast
doubt
traditional
presumption
truly
retrospective
application
statute
landgraf
usi
film
products
case
implicates
federal
statute
enacted
events
suit
first
task
determine
whether
congress
expressly
prescribed
statute
proper
reach
congress
done
course
need
resort
judicial
default
rules
however
statute
contains
express
command
must
determine
whether
new
statute
retroactive
effect
whether
impair
rights
party
possessed
acted
increase
party
liability
past
conduct
impose
new
duties
respect
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already
completed
statute
operate
retroactively
traditional
presumption
teaches
govern
absent
clear
congressional
intent
favoring
result
ask
whether
given
absence
guiding
instructions
congress
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rights
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type
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govern
cases
landgraf
usi
film
products
arising
enactment
observed
supra
special
reason
think
diverse
provisions
act
must
treated
uniformly
purposes
contrary
understand
instruction
provisions
take
effect
upon
enactment
mean
courts
evaluate
provision
act
light
ordinary
judicial
principles
concerning
application
new
rules
pending
cases
preenactment
conduct
two
provisions
may
readily
classified
according
principles
jury
trial
right
set
plainly
procedural
change
sort
ordinarily
govern
trials
conducted
effective
date
introduce
right
jury
trial
title
vii
cases
provision
presumably
apply
cases
tried
november
regardless
underlying
conduct
occurred
however
makes
jury
trial
available
complaining
party
seeks
compensatory
punitive
damages
jury
trial
option
must
stand
fall
attached
damages
provisions
section
clearly
side
line
subsection
authorizes
punitive
damages
plaintiff
shows
defendant
engaged
discriminatory
practice
discriminatory
practices
malice
reckless
indifference
federally
protected
rights
aggrieved
individual
labels
given
punitive
exemplary
damages
well
rationales
support
demonstrate
share
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title
vii
entitled
jury
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lytle
household
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appropriate
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pay
liability
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accrue
date
two
years
prior
filing
charge
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diligence
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persons
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operate
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iii
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title
vii
limited
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relevant
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act
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application
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patterson
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equal
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title
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bar
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time
law
passed
hastings
earth
satellite
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remedy
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known
cert
denied
kent
commentaries
american
law
chancellor
kent
objection
law
affecting
changing
vested
rights
understood
apply
remedial
statutes
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retrospective
nature
provided
impair
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time
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last
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employer
vested
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also
singer
sutherland
statutory
construction
ed
procedural
remedial
statutes
take
away
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apply
pending
actions
section
act
expands
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acts
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alter
scope
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bowen
georgetown
university
hospital
concurring
opinion
emphasis
added
virtually
every
appeals
consider
application
act
pending
cases
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legislative
history
provides
reliable
guidance
see
gersman
group
health
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american
commercial
marine
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act
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damages
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conduct
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question
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squarely
addressed
case
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express
opinion
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film
products