johnson transportation agency argued november decided march affirmative action plan plan hiring promoting minorities women voluntarily adopted respondent santa clara county transportation agency agency plan provides inter alia making promotions positions within traditionally segregated job classification women significantly underrepresented agency authorized consider one factor sex qualified applicant plan intended achieve statistically measurable yearly improvement hiring promoting minorities women job classifications underrepresented goal attain work force whose composition reflects proportion minorities women area labor force plan sets aside specific number positions minorities women requires goals established annually adjusted serve realistic guide actual employment decisions agency announced vacancy promotional position road dispatcher none positions pertinent skilled craft worker job classification included dispatcher position held woman qualified applicants position interviewed agency pursuant plan ultimately passed petitioner male employee promoted female diane joyce rated well qualified job receiving letter equal employment opportunity commission petitioner filed suit federal district held agency violated title vii civil rights act found joyce sex determining factor selection agency plan invalid criterion announced steelworkers weber plan temporary appeals reversed held agency appropriately took account joyce sex one factor determining promoted agency plan represents moderate flexible approach effecting gradual improvement representation minorities women agency work force fully consistent title vii pp petitioner bears burden proving agency plan violates title vii plaintiff establishes prima facie case race sex taken account employer employment decision burden shifts employer articulate nondiscriminatory rationale decision existence affirmative action plan burden shifts plaintiff prove plan invalid employer justification pretextual pp assessment legality agency plan must guided decision weber employer seeking justify adoption affirmative action plan need point prior discriminatory practices need point conspicuous imbalance traditionally segregated job categories voluntary employer action play crucial role furthering title vii purpose eliminating effects discrimination workplace title vii read thwart efforts pp employment decision made pursuant plan prompted concerns similar employer weber supra consideration sex applicants skilled craft jobs justified existence manifest imbalance reflected underrepresentation women traditionally segregated job categories job requires special training comparison determining whether imbalance exists employer work force area labor force possess relevant qualifications plan failed take distinctions qualifications account providing guidance actual employment decisions improperly dictate mere blind hiring numbers however agency plan authorize blind hiring expressly directed numerous factors taken account making employment decisions including specifically number female applicants qualified particular jobs thus despite fact precise goal yet place skilled craft worker job category joyce promoted agency management clearly instructed hire solely reference statistics fact goal established job category posed danger personnel decisions made reflexive adherence numerical standard pp agency plan unnecessarily trammel male employees rights create absolute bar advancement plan sets aside positions women expressly goals construed quotas must met denial promotion petitioner unsettled legitimate firmly rooted expectation part since agency director authorized select seven applicants deemed qualified job express assurance program temporary may necessary program actually sets aside positions according specific numbers however substantial evidence shows agency sought take moderate gradual approach eliminating imbalance work force one establishes realistic guidance employment decisions visits minimal intrusion legitimate expectations employees given fact well agency express commitment attain balanced work force ample assurance agency seek use plan maintain permanent racial sexual balance pp brennan delivered opinion marshall blackmun powell stevens joined stevens filed concurring opinion post filed opinion concurring judgment post white filed dissenting opinion post scalia filed dissenting opinion rehnquist joined parts ii white joined post constance brooks argued cause petitioner briefs james dawson steven woodside argued cause respondents brief respondent transportation agency santa clara county california ann miller ravel james rumble morris baller david rosenfeld filed brief respondent service employees international union local briefs amici curiae urging reversal filed solicitor general fried assistant attorney general reynolds deputy solicitor general ayer deputy assistant attorney general carvin roger clegg david flynn legal foundation richard mcglynn douglas foster pacific legal foundation et al ronald zumbrun john findley anthony caso briefs amici curiae urging affirmance filed state california et al john van de kamp attorney general andrea sheridan ordin chief assistant attorney general marian johnston supervising deputy attorney general beverly tucker deputy attorney general jim jones attorney general idaho william guste attorney general louisiana stephen sachs attorney general maryland frank kelley attorney general michigan hubert humphrey iii attorney general minnesota robert spire attorney general nebraska robert abrams attorney general new york david frohnmayer attorney general oregon bronson la follette attorney general wisconsin elisabeth shuster american federation labor congress industrial organizations david silberman laurence gold american society personnel administration lawrence lorber robert kirk national league cities et al cynthia pols john gunther carolyn corwin bruce kuhlik frederic lee ruck legal defense education fund et al marsha levick emily spitzer judith lichtman briefs amici curiae filed equal employment advisory council robert williams douglas mcdowell thomas bagby city detroit et al daniel edelman james murphy charles reischel frederick merkin robert cramer lawyers committee civil rights law et al harold tyler james robertson norman redlich william robinson richard seymour james crawford antonia hernandez grover hankins kenneth kimerling justice brennan delivered opinion respondent transportation agency santa clara county california unilaterally promulgated affirmative action plan applicable inter alia promotions employees selecting applicants promotional position road dispatcher agency pursuant plan passed petitioner paul johnson male employee promoted female employee applicant diane joyce question decision whether making promotion agency impermissibly took account sex applicants violation title vii civil rights act et seq district northern district california action filed petitioner following receipt letter equal employment opportunity commission eeoc held respondent violated title vii app pet cert appeals ninth circuit reversed granted certiorari affirm december santa clara county transit district board supervisors adopted affirmative action plan plan county transportation agency plan implemented county affirmative action plan adopted declared county mere prohibition discriminatory practices enough remedy effects past practices permit attainment equitable representation minorities women handicapped persons app relevant case agency plan provides making promotions positions within traditionally segregated job classification women significantly underrepresented agency authorized consider one factor sex qualified applicant reviewing composition work force agency noted plan women represented numbers far less proportion county labor force agency whole five seven job categories specifically women constituted area labor market composed agency employees furthermore women working agency concentrated largely eeoc job categories traditionally held women women made office clerical workers agency officials administrators professionals technicians service maintenance workers job classification relevant case none skilled craft worker positions held woman plan noted underrepresentation women part reflected fact women traditionally employed positions strongly motivated seek training employment limited opportunities existed past work classifications plan also observed proportion ethnic minorities agency whole exceeded proportion minorities county work force smaller percentage minority employees held management professional technical positions agency stated plan intended achieve statistically measurable yearly improvement hiring training promotion minorities women throughout agency major job classifications underrepresented benchmark evaluate progress agency stated goal attain work force whose composition reflected proportion minorities women area labor force thus skilled craft category road dispatcher position issue classified agency aspiration eventually jobs occupied women plan acknowledged number factors might make unrealistic rely agency goals evaluating agency progress expanding job opportunities minorities women among factors identified low turnover rates classifications fact jobs involved heavy labor small number positions within job categories limited number entry positions leading technical skilled craft classifications limited number minorities women qualified positions requiring specialized training experience result plan counseled goals established annually adjusted serve realistic guide actual employment decisions among tasks identified important establishing goals acquisition data reflecting ratio minorities women handicapped persons working local area major job classifications relating utilized county administration determine availability members groups possess desired qualifications potential placement data qualified group members along predictions position vacancies serve basis realistic yearly employment goals women minorities handicapped persons eeoc job category major job classification ibid agency plan thus set aside specific number positions minorities women authorized consideration ethnicity sex factor evaluating qualified candidates jobs members groups poorly represented one job road dispatcher position subject dispute case december agency announced vacancy promotional position road dispatcher agency roads division dispatchers assign road crews equipment materials maintain records pertaining road maintenance jobs position requires minimum four years dispatch road maintenance work experience santa clara county eeoc job classification scheme designates road dispatcher skilled craft worker twelve county employees applied promotion including joyce johnson joyce worked county since serving account clerk applied road dispatcher position deemed ineligible served road maintenance worker joyce transferred senior account clerk position road maintenance worker position becoming first woman fill job tr four years position occasionally worked class road dispatcher petitioner johnson began county road yard clerk private employment included working supervisor dispatcher also unsuccessfully applied road dispatcher opening clerical position downgraded sought received transfer position road maintenance worker also occasionally worked class dispatcher performing job nine applicants including joyce johnson deemed qualified job interviewed board seven applicants scored interview meant certified eligible selection appointing authority scores awarded ranged johnson tied second score joyce ranked next score second interview conducted three agency supervisors ultimately recommended johnson promoted prior second interview joyce contacted county affirmative action office feared application might receive disinterested review office turn contacted agency affirmative action coordinator agency plan makes responsible inter alia keeping director informed opportunities agency accomplish objectives plan time agency employed women skilled craft position never employed woman road dispatcher coordinator recommended director agency james graebner joyce promoted graebner authorized choose seven persons deemed eligible thus benefit suggestions second interview panel agency coordinator arriving decision deliberation graebner concluded promotion given joyce testified tried look whole picture combination qualifications johnson qualifications test scores expertise background affirmative action matters things like believe combination certification form naming joyce person promoted dispatcher position stated johnson rated well qualified job evaluation joyce read well qualified virtue years past clerical experience including years west yard plus almost years road maintenance worker app evaluation johnson follows well qualified applicant two years road maintenance worker experience plus years road yard clerk previous outside dispatch experience years ago ibid graebner testified regard significant fact johnson scored joyce interviewed board tr petitioner johnson filed complaint eeoc alleging denied promotion basis sex violation title vii received letter eeoc march march filed suit district northern district california district found johnson qualified dispatcher position joyce sex joyce determining factor selection app pet cert emphasis original acknowledged since agency justified decision basis affirmative action plan criteria announced steelworkers weber applied evaluating validity plan app pet cert found agency plan invalid ground evidence satisfy weber criterion plan temporary app pet cert appeals ninth circuit reversed holding absence express termination date plan dispositive since plan repeatedly expressed objective attainment rather maintenance work force mirroring labor force county appeals added fact plan established fixed percentage positions minorities women made less essential plan contain relatively explicit deadline held agency consideration joyce sex filling road dispatcher position lawful agency plan adopted said address conspicuous imbalance agency work force neither unnecessarily trammeled rights employees created absolute bar advancement ii preliminary matter note petitioner bears burden establishing invalidity agency plan last term wygant jackson board education held ultimate burden remains employees demonstrate unconstitutionality program see basis different rule regarding plan alleged violation title vii case also fits readily within analytical framework set forth mcdonnell douglas green plaintiff establishes prima facie case race sex taken account employer employment decision burden shifts employer articulate nondiscriminatory rationale decision existence affirmative action plan provides rationale plan articulated basis employer decision burden shifts plaintiff prove employer justification pretextual plan invalid practical matter course employer generally seek avoid charge pretext presenting evidence support plan mean however petitioner suggests reliance affirmative action plan treated affirmative defense requiring employer carry burden proving validity plan burden proving invalidity remains plaintiff assessment legality agency plan must guided decision weber supra case addressed question whether employer violated title vii adopting voluntary affirmative action plan designed eliminate manifest racial imbalances traditionally segregated job categories respondent employee case challenged employer denial application position newly established craft training program contending employer selection process impermissibly took account race applicants selection process guided affirmative action plan provided new trainees black percentage black skilled craftworkers employer plant approximated percentage blacks local labor force adoption plan prompted fact skilled craftworkers plant black even though work force area approximately black historical exclusion blacks craft positions employer regarded former policy hiring trained outsiders inadequate redress imbalance work force upheld employer decision select less senior black applicants white respondent found taking race account consistent title vii objective break ing old patterns racial segregation hierarchy stated ironic indeed law triggered nation concern centuries racial injustice intended improve lot excluded american dream long constituted first legislative prohibition voluntary private efforts abolish traditional patterns racial segregation hierarchy quoting remarks humphrey cong rec reviewing employment decision issue case must first examine whether decision made pursuant plan prompted concerns similar employer weber next must determine whether effect plan males nonminorities comparable effect plan case first issue therefore whether consideration sex applicants skilled craft jobs justified existence manifest imbalance reflected underrepresentation women traditionally segregated job categories determining whether imbalance exists justify taking sex race account comparison percentage minorities women employer work force percentage area labor market general population appropriate analyzing jobs require special expertise see teamsters comparison percentage blacks employer work force general population proper determining extent imbalance truck driving positions training programs designed provide expertise see steelworkers weber comparison proportion blacks working plant proportion blacks area labor force appropriate calculating imbalance purpose establishing preferential admission craft training program job requires special training however comparison labor force possess relevant qualifications see hazelwood school district must compare percentage blacks employer work ranks percentage qualified black teachers area labor force determining underrepresentation teaching positions requirement manifest imbalance relate traditionally segregated job category provides assurance sex race taken account manner consistent title vii purpose eliminating effects employment discrimination interests employees benefiting plan unduly infringed manifest imbalance need support prima facie case employer suggested justice concurrence post since regard identical constraints title vii federal constitution voluntarily adopted affirmative action plans application prima facie standard title vii cases inconsistent weber focus statistical imbalance inappropriately create significant disincentive employers adopt affirmative action plan see weber supra title vii intended catalyst employer efforts eliminate vestiges discrimination corporation concerned maximizing return investment instance hardly likely adopt plan order must compile evidence used subject colorable title vii suit clear decision hire joyce made pursuant agency plan directed sex race taken account purpose remedying underrepresentation agency plan acknowledged limited opportunities existed past app women find employment certain job classifications women traditionally employed significant numbers result observed plan women concentrated traditionally female jobs agency represented lower percentage job classifications expected traditional segregation occurred specifically office clerical workers women contrast women officials administrators professionals technicians none skilled craft workers joyce road maintenance workers plan sought remedy imbalances hiring training promotion women throughout agency major job classifications underrepresented initial matter agency adopted benchmark measuring progress eliminating underrepresentation goal work force mirrored major job classifications percentage women area labor market even however agency acknowledged figure necessarily justify taking account sex applicants positions job categories positions requiring specialized training experience plan observed number minorities women possess qualifications required entry job classifications limited plan therefore directed annual goals formulated provide realistic indication degree sex taken account filling particular positions plan stressed goals construed quotas must met reasonable aspirations correcting imbalance agency work force goals take account factors turnover layoffs lateral transfers new job openings retirements availability minorities women handicapped persons area work force possess desired qualifications potential placement ibid plan specifically directed establishing goals agency work county planning department sources attempting compile data percentage minorities women local labor force actually working job classifications constituting agency work force outset therefore plan sought annually develop even refined measures underrepresentation job category required attention agency plan recognized women egregiously underrepresented skilled craft job category since none positions occupied woman joyce selected road dispatcher position agency still process refining goals skilled craft workers accordance directive plan process reach fruition agency established goal year women expected openings job category modest goal category reject petitioner argument since goal place skilled craft positions time joyce promotion inappropriate director take account affirmative action considerations filling road dispatcher position agency plan emphasized goals taken guides actual hiring decisions supervisors consider host practical factors seeking meet affirmative action objectives including fact job categories women qualified numbers comparable representation labor force contrast plan simply calculated imbalances categories according proportion women area labor pool directed hiring governed solely figures validity fairly called question analysis specialized labor pool normally necessary determining underrepresentation positions plan failed take distinctions qualifications account providing guidance actual employment decisions dictate mere blind hiring numbers hold supervisors achievement particular percentage minority employment membership regardless circumstances economic conditions number available qualified minority applicants sheet metal workers eeoc concurring part dissenting part agency plan emphatically authorize blind hiring expressly directed numerous factors taken account making hiring decisions including specifically qualifications female applicants particular jobs thus despite fact precise goal yet place skilled craft category agency management nevertheless clearly instructed hire solely reference statistics fact goal established category posed danger personnel decisions made reflexive adherence numerical standard furthermore considering candidates road dispatcher position agency hardly needed rely refined goal realize significant problem underrepresentation required attention given obvious imbalance skilled craft category given agency commitment eliminating imbalances plainly unreasonable agency determine appropriate consider one factor sex joyce making decision promotion joyce thus satisfies first requirement enunciated weber since undertaken affirmative action plan designed eliminate agency work force imbalances traditionally segregated job categories next consider whether agency plan unnecessarily trammeled rights male employees created absolute bar advancement contrast plan weber provided positions craft training program exclusively blacks consent decree upheld last term firefighters cleveland required promotion specific numbers minorities plan sets aside positions women plan expressly goals established division construed quotas must met app rather plan merely authorizes consideration given affirmative action concerns evaluating qualified applicants agency director testified sex joyce one numerous factors took account arriving decision tr plan thus resembles harvard plan approvingly noted justice powell regents university california bakke considers race along criteria determining admission college justice powell observed admissions program race ethnic background may deemed plus particular applicant file yet insulate individual comparison candidates available seats similarly agency plan requires women compete qualified applicants persons automatically excluded consideration able qualifications weighed applicants addition petitioner absolute entitlement road dispatcher position seven applicants classified qualified eligible agency director authorized promote seven thus denial promotion unsettled legitimate firmly rooted expectation part petitioner furthermore petitioner case denied promotion retained employment agency salary seniority remained eligible promotions finally agency plan intended attain balanced work force maintain one plan contains references agency desire attain balance reference whatsoever goal maintaining director testified broader goal affirmative action defined desire hire promote give opportunity training equitable basis something permanent part agency operating philosophy broader goal divorced specific numbers percentages tr agency acknowledged difficulties confront remedying imbalance work force anticipated gradual increases representation minorities women thus unsurprising plan contains explicit end date agency flexible approach expected yield success brief period time express assurance program temporary may necessary program actually sets aside positions according specific numbers see firefighters supra duration consent decree providing promotion particular number minorities weber plan requiring blacks constitute new trainees effect percentage employer work force equal percentage local labor force necessary minimize effect program employees ensure plan goals used simply achieve maintain balance rather benchmark employer may measure progress eliminating underrepresentation minorities women sheet metal workers case however substantial evidence shows agency sought take moderate gradual approach eliminating imbalance work force one establishes realistic guidance employment decisions visits minimal intrusion legitimate expectations employees given fact well agency express commitment attain balanced work force ample assurance agency seek use plan maintain permanent racial sexual balance iii evaluating compliance affirmative action plan title vii prohibition discrimination must mindful congress consistent emphasis value voluntary efforts objectives law wygant concurring part concurring judgment quoting bakke supra agency case us undertaken voluntary effort done full recognition difficulties potential intrusion males nonminorities agency identified conspicuous imbalance job categories traditionally segregated race sex made clear outset however employment decisions may justified solely reference imbalance must rest multitude practical realistic factors therefore committed annual adjustment goals provide reasonable guide actual hiring promotion decisions agency earmarks positions anyone sex one several factors may taken account evaluating qualified applicants position plan language manner operation attest agency intention establishing work force whose permanent composition dictated rigid numerical standards therefore hold agency appropriately took account one factor sex diane joyce determining promoted road dispatcher position decision made pursuant affirmative action plan represents moderate flexible approach effecting gradual improvement representation minorities women agency work force plan fully consistent title vii embodies contribution voluntary employer action make eliminating vestiges discrimination workplace accordingly judgment appeals affirmed footnotes fail refuse hire discharge individual otherwise 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 constitutional issue either raised addressed litigation see therefore decide case issue prohibitory scope title vii course issue properly raised public employers must justify adoption implementation voluntary affirmative action plan equal protection clause see wygant jackson board education plan reaffirmed earlier county agency efforts address issue employment discrimination dating back county adoption equal employment opportunity policy app minorities constituted county labor force represented agency officials administrators professionals technicians joyce testified disagreements two three members second interview panel one first supervisor began work road maintenance worker performing arduous work job issued coveralls although male received ruining pants complained supervisor avail three similar incidents ruining clothes occasion filed grievance issued four pairs coveralls next day tr joyce dealt second member panel year half capacity chair roads operations safety committee several differences opinion safety implemented addition joyce testified informed person responsible arranging second interview disaster preparedness class certain day following week time days passed since notified person availability date yet set interview within day two conversation however received notice setting interview time directly middle disaster preparedness class panel member earlier described joyce person justice scalia dissent maintains obligations public employer title vii must identical obligations constitution public employer adoption affirmative action plan therefore governed wygant rests following logic title vi embodies constraints constitution title vi title vii prohibitory scope therefore title vii constitution coterminous purposes case flaw second step analysis advances proposition explicitly considered rejected weber noted case title vi exercise federal power matter federal government already directly involved since congress legislating assure federal funds used improper manner title vii contrast enacted pursuant commerce power regulate purely private decisionmaking intended incorporate particularize commands fifth fourteenth amendments title vii title vi therefore read pari materia ibid point underscored congress concern receipt form financial assistance might render employer subject commands title vi rather title vii result congress added title vi stat set forth provides nothing contained subchapter shall construed authorize action subchapter department agency respect employment practice employer employment agency labor organization except primary objective federal financial assistance provide employment sponsor section senator cooper stated designed clarify intended itle vi impinge itle vii cong rec public employers added definition employer title vii evidence mere addition definitional section statute intended transform substantive standard governing employer conduct indeed congress expressly indicated intent title vii principles applied governmental private employers alike dothard rawlinson fact public employer must also satisfy constitution negate fact statutory prohibition employer must contend intended extend far constitution justice scalia dissent maintains weber conclusion title vii prohibit voluntary affirmative action programs rewrote statute purported construe post weber decisive rejection argument plain language statute prohibits affirmative action rested legislative history indicating congress clear intention employers play major role eliminating vestiges discrimination language legislative history statute reflect strong desire preserve managerial prerogatives might utilized purpose justice blackmun said concurrence weber misperceived political assurance question statutory congress may set different course chooses congress amended statute reject construction amendments even proposed therefore may assume interpretation correct justice scalia dissent faults fact take note absence congressional efforts amend statute nullify weber suggests congressional inaction regarded acquiescence circumstances draws unexceptional point conclusion reliance congressional failure act necessarily canard post fact inaction may always provide crystalline revelation however obscure fact may probative varying degrees weber instance widely publicized decision addressed prominent issue public debate legislative inattention thus plausible explanation congressional inaction furthermore congress passed contrary legislation wake weber one legislator even proposed bill barriers legislative process therefore also seem poor explanation failure act contrast congress displeased interpretation title vii hesitated amend statute tell us instance congress passed pregnancy discrimination act unambiguously expressed disapproval holding reasoning general electric gilbert newport news shipbuilding dry dock eeoc surely appropriate find probative value radically different congressional reactions interpretations statute one scholar put says legislature predecessor meant almost invites legislature answer calabresi common law age statutes belief notion dialogue judiciary legislature must acknowledge occasion invitation declined significant one accepted see also firefighters cleveland numerous occasions recognized congress intended voluntary compliance preferred means achieving objectives title vii alexander cooperation voluntary compliance selected preferred means achieving title vii goal justice scalia suggestion affirmative action program may adopted redress employer past discrimination see post rejected steelworkers weber prospect liability created admission create significant disincentive voluntary action justice blackmun concurrence case pointed standard plac voluntary compliance title vii profound jeopardy way employer union keep footing tightrope creates eschew forms voluntary affirmative action similarly justice observed constitutional context imposition requirement public employers make findings engaged illegal discrimination engage affirmative action programs severely undermine public employers incentive meet voluntarily civil rights obligations wygant concurring part concurring judgment contrary justice scalia contention post decisions last term firefighters supra sheet metal workers eeoc provide support standard restrictive enunciated weber firefighters raised issue conditions parties enter consent decree providing explicit numerical quotas contrast affirmative action plan case sets aside positions minorities women see infra sheet metal workers issue addressed scope judicial remedial authority title vii authority exercised case justice scalia suggestion employers able voluntarily courts order remedies post ignores fundamental difference volitional private behavior exercise coercion state plainly congress concern federal courts impose unwanted obligations employers unions firefighters supra reflects desire preserve relatively large domain voluntary employer action errata see supra difference manifest imbalance prima facie standards illuminated weber case concerned past discrimination employer focused discrimination hiring skilled unskilled workers since scarcity former kaiser work force made vulnerable title vii suit order make prima facie case claim plaintiff required compare percentage black skilled workers kaiser work force percentage black skilled craft workers area labor market weber obviously make comparison instead focused disparity percentage black skilled craft workers kaiser ranks percentage blacks area labor force approach reflected recognition proportion black craft workers local labor force likely miniscule proportion kaiser work force realized lack imbalance figures mean employers precisely industries discrimination effective precluded adopting training programs increase percentage qualified minorities thus cases weber employment decision issue involves selection unskilled persons training program manifest imbalance standard permits comparison general labor force contrast prima facie standard require comparison percentage minorities women qualified job trainees trained standard invalidated plan weber cases course manifest imbalance may sufficiently egregious establish prima facie case however long manifest imbalance employer may adopt plan even disparity striking without required introduce nonstatistical evidence past discrimination demanded prima facie standard see teamsters statistics pattern practice case supplemented testimony regarding employment practices course sufficient evidence meet stringent prima facie standard statistical nonstatistical combination two employer free adopt affirmative action plan instance description skilled craft worker category road dispatcher position located follows occupations workers perform jobs require special manual skill thorough comprehensive knowledge process involved work acquired training experience apprenticeship formal training programs includes mechanics repairmen electricians heavy equipment operators stationary engineers skilled machining occupations carpenters compositors typesetters kindred workers app employment decision issue case discussion henceforth refers primarily plan provisions remedy underrepresentation women analysis apply well however provisions plan pertaining minorities addition agency mindful importance finally hiring woman job category formerly male director testified promotion joyce made small dent sure numbers nonetheless philosophically made larger impact probably encouraged females minorities look possibility jobs areas agency samples success story tr furthermore skilled craft jobs agency increased agency personnel figures indicate agency fully expected positions filled men new skilled craft jobs period almost went men previously noted agency plan set goal hiring women new skilled craft positions projected year figure degree employment expansion employer means essential plan validity underscores fact plan case way significantly restricts employment prospects persons illustrative fact additional road dispatcher position created petitioner awarded job brief respondent transportation agency agency plan stated noting limited number minorities women qualified certain categories well difficulties remedying underrepresentation indicated factors much easier attain agency employment goals job categories others particularly evident extremely difficult significantly increase representation women technical skilled craft job classifications traditionally greatly underrepresented similarly gradual increases representation women minorities handicapped persons management professional positions realistically expected due low turnover exists positions small numbers persons expected compete available openings app justice scalia dissent predicts today decision loose flood less qualified minorities women upon work force employers seek forestall possible title vii liability post first problem projection means certain employers every case necessarily avoid liability discrimination merely adopting affirmative action plan indeed unwillingness require admission discrimination price adopting plan premised concern potential liability admission expose employer serve disincentive creating affirmative action program see supra second fundamental problem justice scalia speculation ignores fact standard tenet personnel administration rarely single best qualified person job effective personnel system bring selecting official several candidates may possess different attributes recommend selection especially job unexceptional craft position without need unique work experience educational attainment several candidates available final determinations candidate best qualified best subjective brief american society personnel administration amicus curiae justice stevens concurring join opinion write separately explain view case position evolving antidiscrimination law emphasize opinion establish permissible outer limits voluntary programs undertaken employers benefit disadvantaged groups antidiscrimination measures may benefit protected groups two distinct ways sword measures may confer benefits specifying person membership disadvantaged group must neutral irrelevant factor governmental private decisionmaking alternatively compelling decisionmakers give favorable consideration disadvantaged group status shield antidiscrimination statute also help member protected class assuring decisionmakers instances elect good reasons grant preference sort minority citizen violate law properly holds statutory shield allowed respondent take diane joyce sex account promoting road dispatcher position prior construed civil rights act absolute blanket prohibition discrimination neither required permitted discriminatory preferences group minority majority unambiguously endorsed neutral approach first context gender discrimination context racial discrimination white person explained separate opinion regents university california bakke forcefully stated mcdonald santa fe trail transportation congress intended eliminate practices operate disadvantage employment opportunities group protected title vii including caucasians citations omitted adhered construction act petitioner unquestionably prevail case done bakke case steelworkers weber majority interpreted antidiscriminatory strategy statute fundamentally different way held weber case employer program designed increase number black craftworkers aluminum plant violate title vii remains clear act require employer grant preferential treatment basis race gender since unambiguously interpreted statute permit voluntary adoption special programs benefit members minority groups whose protection statute enacted neither standards language used mcdonald color blind rhetoric used senators congressmen enacted bill controlling thus true runyon mccrary stevens concurring problem whether adhere authoritative construction act odds understanding actual intent authors legislation conclude without hesitation must answer question affirmative runyon bakke weber decided important part fabric law consideration sufficiently compelling adhere basic construction legislation adopted bakke weber undoubted public interest stability orderly development law logic antidiscrimination legislation requires judicial constructions title vii leave breathing room employer initiatives benefit members minority groups title vii never enacted private employer free hire members minority groups reason might seem sensible business social point view opinion weber reflects approach opinion relied heavily legislative history indicating congress intended traditional management prerogatives left undisturbed greatest extent possible see observed last term ironic indeed law triggered nation concern centuries racial injustice intended improve lot excluded american dream long constituted first legislative prohibition voluntary private efforts abolish traditional patterns racial segregation hierarchy firefighters cleveland quoting weber firefighters acknowledged congress concern title vii avoid undue federal interference managerial discretion construed weber firefighters statute absolutely prohibit preferential hiring favor minorities merely intended protect historically disadvantaged groups discrimination hamper managerial efforts benefit members disadvantaged groups consistent paramount purpose preference granted respondent case violate statute construed record amply supports conclusion challenged employment decision served legitimate purpose creating diversity category employment almost exclusive province males past respondent voluntary decision surely prohibited title vii construed weber ii whether voluntary decision kind made respondent ever prohibited title vii question need answer squarely presented given interpretation statute adopted weber see reason employer duty prior granting preference qualified minority employee determine whether past conduct might constitute arguable violation title vii indeed instances employer may find helpful focus future instead retroactively scrutinizing society possible exclusions minorities past determine outer limits valid program indeed particular decision many cases employer find appropriate consider legitimate reasons give preferences members underrepresented groups statutes enacted benefit minority groups block considerations public private employers might choose implement affirmative action many reasons purge past sins discrimination jackson school board example said done part improve quality education jackson whether improving black students performance dispelling black white students alike idea white supremacy governs social institutions employers might advance different reasons affirmative action improving services black constituencies averting racial tension allocation jobs community increasing diversity work force name examples might adopt affirmative action simply eliminate operations de facto embodiment system racial caste reasons aspire racially integrated future none reduces racial balancing sake sullivan comment sins discrimination last term affirmative action cases harv rev discriminatory preference group minority majority precisely congress proscribed required congress removal artificial arbitrary unnecessary barriers employment barriers operate invidiously discriminate basis racial impermissible classification griggs duke power similarly eeoc whose interpretations entitled great deference consistently interpreted title vii proscribe racial discrimination private employment whites terms racial discrimination nonwhites holding proceed otherwise constitute derogation commission congressional mandate eliminate practices operate disadvantage employment opportunities group protected title vii including caucasians eeoc decision fep cases cch eeoc decisions conclusion accord uncontradicted legislative history effect title vii intended cover white men white women americans cong rec remarks celler create obligation discriminate whites memorandum clark see also memorandum sens clark case remarks williams therefore hold today title vii prohibits racial discrimination white petitioners case upon standards applicable negroes jackson white mcdonald santa fe trail transportation footnotes omitted toward end opinion mentioned certain reasons plan impose special hardship white employees white applicants employment steelworkers weber never understood comments constitute set conditions every plan must satisfy order comply title vii justice cardozo remarked respect routine work judiciary labor judges increased almost breaking point every past decision reopened every case one lay one course bricks secure foundation courses laid others gone turning exceptional case justice cardozo noted hen rule duly tested experience found inconsistent sense justice social welfare less hesitation frank avowal full abandonment judges woefully misinterpreted mores day mores day longer tie helpless submission hands successors case admonitions favor adherence rather departure precedent even writing dissent weber case chief justice burger observed result reached majority one inclined vote member congress considering proposed amendment title vii justice blackmun observed weber concurring opinion strong considerations equity support interpretation title vii permit private affirmative action reach title vii bargain struck passage title vii guaranteed equal opportunity white black alike title vii provides remedy blacks construed foreclose private affirmative action supplying relief absent compelling evidence legislative intent interpret title vii means locking effects discrimination title vii provides remedy steelworkers weber held title vii prohibit voluntary affirmative action efforts employer sought remedy manifest imbalanc traditionally segregated job categories justice scalia illuminates excruciating clarity interpreted weber succeeding cases permit language read literally prohibit post see also ante stevens concurring section prohibits employment discrimination individual race color religion sex national origin emphasis added weber however concluded voluntary affirmative action permissible circumstances prohibition every type affirmative action bring end completely variance purpose statute quoting public utilities purpose according open employment opportunities blacks occupations traditionally closed none parties case suggested overrule weber question raised briefed argued courts faithful normal prudential restraints principle stare decisis must address propriety affirmative action plan title vii light precedents precedents upheld affirmative action variety circumstances time question posed whether public employer violates title vii promoting qualified woman rather marginally better qualified man statistical imbalance sufficient support claim pattern practice discrimination women title vii concur judgment light precedents write separately however chosen follow expansive approach voluntary affirmative action public employers despite limitations imposed constitution provisions title vii justice scalia dissent rejects precedents addresses question title vii interpreted writing clean slate former course action gives insufficient guidance courts litigants latter course action serves useful point academic discussion fails reckon reality course majority determined follow view proper initial inquiry evaluating legality affirmative action plan public employer title vii different required equal protection clause either case consistent congressional intent provide measure protection interests employer nonminority employees employer must firm basis believing remedial action required employer firm basis point statistical disparity sufficient support prima facie claim title vii employee beneficiaries affirmative action plan pattern practice claim discrimination weber balanced two conflicting concerns construing congress intent root invidious discrimination person basis race gender mcdonald santa fe transportation goal eliminating lasting effects discrimination minorities given conflicting concerns concluded inconsistent background purpose title vii prohibit affirmative action cases read weber however also determined congress balanced two competing concerns permitting affirmative action remedial device eliminate actual apparent discrimination lingering effects discrimination contrary intimations justice stevens concurrence approve preferences minorities reason might seem sensible business social point view ante indeed approach wholly odds holding mcdonald congress intended prohibit practices operate discriminate employment opportunities nonminorities well minorities moreover weber careful consider effects affirmative action plan black employees employment opportunities white employees instead wholly standardless approach affirmative action determined weber congress intended permit affirmative action employer point manifest imbalanc traditionally segregated job categories requirement provides assurance sex race taken account manner consistent title vii purpose eliminating effects employment discrimination ante consistent congress consistent emphasis value voluntary efforts antidiscrimination purposes title vii wygant jackson board education concurring part concurring judgment weber view congress resolution conflicting concerns minority nonminority workers title vii appears substantially similar resolution concerns wygant jackson board education supra involved claim affirmative action plan public employer violated equal protection clause wygant agreement remedying past present racial discrimination state actor sufficiently weighty interest warrant remedial use carefully constructed affirmative action plan also concluded however ocietal discrimination without amorphous basis imposing racially classified remedy instead determined affirmative action valid crafted remedy past present discrimination employer although employer need point contemporaneous findings actual discrimination concluded wygant employer must point evidence sufficient establish firm basis believing remedial action required statistical imbalance sufficient title vii prima facie case employer satisfy firm basis requirement public employers without reliable benchmarks making determination example demonstrable evidence disparity percentage qualified blacks school teaching staff percentage qualified minorities relevant labor pool sufficient support prima facie title vii pattern practice claim minority teachers lend compelling basis competent authority school board conclude implementation voluntary affirmative action plan appropriate remedy apparent prior employment discrimination unfortunately today gives little guidance statistical imbalance sufficient support affirmative action plan although denies statistical imbalance need sufficient make prima facie case discrimination women ante fails suggest alternative standard wygant weber attempt reconcile competing concerns see little justification adoption different standards affirmative action title vii equal protection clause employers must firm basis concluding remedial action necessary neither wygant weber places burden employers prove actually discriminated women minorities employers trapped competing hazards liability minorities affirmative action taken remedy apparent employment discrimination liability nonminorities affirmative action taken wygant jackson board education concurring part concurring judgment moreover long emphasized importance voluntary efforts eliminate discrimination thus concluded wygant contemporaneous finding discrimination required discourage voluntary efforts remedy apparent discrimination requirement employer actually prove discriminated past also unduly discourage voluntary efforts remedy apparent discrimination emphasized wygant challenge affirmative action plan automatically impose upon public employer burden convincing liability prior unlawful discrimination mean must make actual finding prior discrimination based employer proof employer affirmative action plan upheld evidence sufficient prima facie title vii pattern practice claim employer suggests absence women minorities work force explained general societal discrimination alone remedial action appropriate applying principles case important pay close attention affirmative action plan manner plan applied specific promotion decision issue case december santa clara transit district board supervisors adopted affirmative action plan santa clara county transportation agency agency time plan adopted one woman employed respondents skilled craft positions plan recognized women strongly motivated seek employment job classifications traditionally employed limited opportunities existed past work classifications app additionally plan stated respondents recognize mere prohibition discriminatory practices enough remedy effects past practices permit attainment equitable representation minorities women handicapped persons selection appointment processes areas hidden discrimination frequently occurs thus respondents expectation plan result improved personnel practices benefit agency employees may subjected discriminatory personnel practices past goal plan attain work force whose composition job levels major job classifications approximates distribution women santa clara county work force goal applied hiring decisions made agency view affirmative action plan violate title vii completely unrealistic assume individuals sex gravitate mathematical exactitude employer absent unlawful discrimination sheet metal workers concurring part dissenting part thus goal makes assumption simplistically focuses proportion women minorities work force without remedial goal takes account number women minorities qualified relevant position satisfy requirement affirmative action plan remedial goal however never used guide actual hiring decisions instead goal merely statement aspiration wholly without operational significance affirmative action plan recognized host reasons goal extremely unrealistic app read record goal applied promotion decision challenged case instead plan provided development goals alone guide respondents plan cautioned even goals construed quotas must met instead goals focused remedying past apparent discrimination rovide objective standard use determining representation minorities women handicapped persons particular job classifications reasonable level comparison estimates numbers persons groups area work force meet educational experience requirements employment time promotion issue case goals fully developed nevertheless agency already recognized goal unrealistic determined progress agency judged comparison qualified women area work force view record promotion decision case entirely consistent philosophy underlying development goals agency announced vacancy position road dispatcher agency roads division december twelve employees applied position including diane joyce petitioner nine employees interviewed position board seven applicants including joyce petitioner scored interview certified eligible selection promotion petitioner scored interview joyce scored second interview committee three agency employees recommended petitioner selected promotion road dispatcher county affirmative action officer hand urged joyce selected position ultimate decision promote joyce rather petitioner made james graebner director agency justice scalia views record case agency director made decision promote joyce rather petitioner solely basis sex indifference relative merits two applicants see post view however record simply fails substantiate picture painted justice scalia agency director testified tried look whole picture combination joyce qualifications johnson qualifications test scores experience background affirmative action matters things like tr contrary justice scalia suggestion post agency director knew far merely sex candidates appeared list candidates eligible job director spoken individuals familiar qualifications applicants promotion aware scores rather close moreover testified period weeks spent several hours making promotion decision suggesting joyce selected solely basis sex tr additionally director stated joyce experience less petitioner larger margin petitioner might received promotion director summarized decision promote joyce underrepresentation women skilled craft positions one element number considerations led promotion joyce ibid agree justice scalia dissent affirmative action program automatically blindly promotes marginally qualified candidates falling within preferred race gender category equated permanent plan proportionate representation race sex violate title vii agree case rather demonstrates joyce sex simply used plus factor ante case also satisfied respondents firm basis adopting affirmative action program although district found discrimination women fact time affirmative action plan adopted women skilled craft positions petitioner concedes women constituted approximately local labor pool skilled craft workers reply brief petitioner thus compared percentage women qualified work force statistical disparity sufficient prima facie title vii case brought unsuccessful women job applicants see teamsters ine tuning statistics obscured glaring absence minority line drivers company inability rebut inference discrimination came misuse statistics inexorable zero sum agree respondents affirmative action plan implemented instance respect skilled craft positions satisfies requirements weber wygant accordingly concur judgment justice white dissenting agree parts ii justice scalia dissenting opinion although join part iii also overrule weber understanding weber employer plan violate title vii designed remedy intentional systematic exclusion blacks employer unions certain job categories understood phrase traditionally segregated jobs used case interprets mean nothing manifest imbalance one identifiable group another employer labor force interpreted case well today decision justice scalia well demonstrates perversion title vii overrule weber reverse judgment justice scalia chief justice joins justice white joins parts ii dissenting clarity proven unavailing one might well recommend model statutory draftsmanship title vii civil rights act declares shall unlawful employment practice employer fail refuse hire discharge individual otherwise 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 october county santa clara adopted affirmative action program county plan sought attainment county work force whose composition includes women disabled persons ethnic minorities ratio job categories reflects distribution santa clara county area work force app order comply county plan various requirements imposed federal state agencies transportation agency adopted effective december equal employment opportunity affirmative action plan agency plan plan issue stated goal county plan attain work force whose composition job levels major job classifications approximates distribution women minority handicapped persons santa clara county work force plan called establishment procedure division directors review ethnic sexual composition work forces whenever sought fill vacancy procedure expected include requirement division directors indicate select minorities women handicapped persons persons list eligibles considered division underrepresentation persons job classification filled emphasis original several salient features plan noted importantly plan purpose assuredly remedy prior sex discrimination agency prior sex discrimination remedy majority cataloging agency alleged misdeeds ante neglects mention district finding agency discriminated past discriminate present women regard employment opportunities general promotions particular app pet cert finding disturbed ninth circuit plan directed results past sex discrimination agency objective achieve state affairs dubiously assumed result absence discrimination overall work force less representative racial ethnic composition population community teamsters rather goal mirror racial sexual composition entire county labor force merely agency work force whole every individual job category agency world obviously statistical oddity every job category match racial sexual composition even portion county work force qualified job utterly miraculous match plan expected composition entire work force quite obviously plan seek replicate lack discrimination produce rather imposed racial sexual tailoring defiance normal expectations laws probability give protected racial sexual group governmentally determined proper proportion job category plan directed remedying eliminating effects past discrimination clearly illustrated description regarded factors hindering goal attainment existing impediments racially sexually representative work force pursued plan noted difficult app attain objective statistical parity least job categories positions require specialized training experience recently relatively minorities women handicapped persons sought entry positions consequently number persons groups area labor force possess qualifications required entry job classifications limited many agency positions women underrepresented involve heavy labor road maintenance worker consequently women seek entry positions many women strongly motivated seek employment job classifications traditionally employed limited opportunities existed past work classifications finally one message plan unmistakably communicated concrete results expected supervisory personnel evaluated basis numbers produced plan implementation expected result statistically measurable yearly improvement hiring training promotion minorities women handicapped persons major job classifications utilized agency groups underrepresented preface declared degree agency division attains plan objectives provide direct measure division director personal commitment eeo policy ibid emphasis added plan repeated degree division attains agency affirmative action employment goals provide measure director commitment effectiveness carrying division eeo affirmative action requirements emphasis added noted earlier supervisors reminded need give attention affirmative action every employment decision explain reasons failing hire women minorities whenever opportunity petitioner present case paul johnson employee agency since coming private company road dispatcher years first applied position road dispatcher agency coming second several years later reorganization resulted road yard clerk ii position johnson see future tr requested received voluntary demotion road yard clerk ii road maintenance worker increase experience thus improve chances future promotion road dispatcher job next became vacant leading candidate indeed assigned work class full time vacancy september june question get job fact discrimination johnson much clearer degree shocking majority justice concurrence suggest largely neither recites single one district findings govern appeal relying instead upon portions transcript findings implicitly rejected even upon document favorably comparing joyce johnson ante prepared joyce selected see app tr worth mentioning example trier fact determination affirmative action coordinator intervened decision promote made road operations division director app pet cert recommended johnson appointed position ibid likewise even extraordinary findings james graebner agency director made appointment inspect applications related examination records either paul johnson diane joyce making decision indeed little nothing inquire results interview process conclusions described critical importance selection process light determinations impossible believe think district believed graebner statements relied upon majority justice concurrence assertion tried look whole picture combination joyce qualifications johnson qualifications test scores expertise background affirmative action matters things like tr quoted ante ante concurring judgment evidently enough graebner know candidates words johnson counsel graebner assented met minimum minimally qualified tr asked whether basis determining whether one candidates qualified graebner candidly answered said appeared conversations people tended corroborate capable performing work ibid trial district concluded diane joyce gender determining factor app pet cert selection position specifically found ased upon examination results departmental interview johnson qualified position road dispatcher diane joyce ut johnson sex male promoted position road dispatcher ut diane joyce sex female appointed position ibid ninth circuit reject factual findings clearly erroneous done record us bound findings federal rule civil procedure ii significant proposition law established today decision racial sexual discrimination permitted title vii intended overcome effect employer discrimination societal attitudes limited entry certain races particular sex certain jobs even societal attitudes question consisted exclusively conscious discrimination employers holding contradict decision rendered last term wygant jackson board education held objective remedying societal discrimination prevent remedial affirmative action violating equal protection clause see concurring part concurring judgment white concurring judgment johnson advance constitutional claim unlikely title vii intended place lesser restraint discrimination public actors established constitution already held prohibitions discrimination title vi least stringent constitution see regents university california bakke opinion powell title vi embodies constitutional restraints discrimination opinion brennan white marshall blackmun jj opinion stevens joined burger stewart rehnquist jj title vi independent force language emphasis addition found constitution emphasis added good reason think title vii regard different title vi therefore justifications remedying past societal wrongs inadequate insulate discriminatory action racial discrimination prohibitions constitution also inadequate insulate racial discrimination prohibitions title vii portions title vii issue treat race sex equivalently wygant dealt race discrimination fully applicable precedent squarely inconsistent today decision likewise assumption societal attitudes relied upon majority consist conscious discrimination employers today decision also disregards limitations carefully expressed last term opinions sheet metal workers eeoc limitations dicta remarkable see readily silently swept away question sheet metal workers whether remedial provision title vii empowers courts order relief persons identifiable victims discrimination six members concluded narrowly confined circumstances plurality opinion four justices found relief ordered least employer labor union engaged persistent egregious discrimination necessary dissipate lingering effects pervasive discrimination opinion brennan joined marshall blackmun stevens see also justice powell concluded relief ordered cases involving particularly egregious conduct concurring part concurring judgment justice white similarly limited approval remedies unusual cases dissenting see also firefighters cleveland white dissenting also agree justice brennan opinion sheet metal workers title vii cases enjoining discriminatory practices granting relief victims past discrimination general rule relief nonvictims reserved particularly egregious conduct sensible basis construing title vii permit employers engage employment practices courts forbidden ordering engage following judicial finding discrimination justice white noted last term statutory authority concluding employer desires discriminate white applicant employee racial grounds may without violating title vii may ordered objects either case harm discriminatee justification conduct permissible remedy prior racial discrimination practiced employer involved fact however today decision goes well beyond merely allowing racial sexual discrimination order eliminate effects prior societal discrimination majority opinion often uses phrase traditionally segregated job category describe evil plan legitimately according majority directed originally used steelworkers weber phrase described skilled jobs employers unions systematically intentionally excluded black workers traditionally segregated jobs sense conscious exclusionary discrimination see assuredly sense phrase used absurd think nationwide failure road maintenance crews example achieve agency ambition female representation attributable primarily even substantially systematic exclusion women eager shoulder pick shovel traditionally segregated job category weber sense sense longstanding social attitudes regarded women desirable work majority opinion puts point quoting approvingly appeals plethora proof hardly necessary show women generally underrepresented positions strong social pressures weigh participation ante quoting given meaning phrase patently false say requirement manifest imbalance relate traditionally segregated job category provides assurance sex race taken account manner consistent title vii purpose eliminating effects employment discrimination ante course believe social attitudes cause women avoid certain jobs favor others nefarious conscious exclusionary discrimination whether assuredly consensus point equivalent national consensus intentional discrimination two phenomena certainly distinct alteration social attitudes rather elimination discrimination today decision approves justification discrimination enormous expansion undertaken without slightest justification analysis iii omitted foregoing discussion obvious respect today decision without analysis barrier thought still overcome weber held training program overtly discriminated white applicants violate title vii however although majority advert fact today applicability weber public employers remained open question weber see later decisions see firefighters cleveland supra wygant opinion powell repeatedly emphasized weber involved private employer see williams new orleans en banc gee concurring writing weber justice brennan went way least eleven different occasions point private affirmative action omitted distinction public private employers several possible justifications weber rested part assertion congress wish intrude deeply private employment decisions see see also firefighters cleveland supra whatever validity assertion may respect private employers think negligible none respect public employers congress brought within title vii see equal employment opportunity act pub stat another reason limiting weber private employers state agencies unlike private actors subject fourteenth amendment noted earlier strange construe title vii permit discrimination public actors constitution forbids truth however language draws distinction private public employers good reason creating distinction limit damage weber better view acknowledge case fully applicable precedent use fourteenth amendment ramifications weber address implicated first time occasion reconsidering overruling well keep mind thoroughly weber rewrote statute purported construe language statute quoted outset dissent unambiguous unlawful employment practice fail refuse hire discharge individual otherwise discriminate individual respect compensation terms conditions privileges employment individual race color religion sex national origin weber disregarded text statute invoking instead spirit quoting holy trinity church practical equitable considerations partially perceived perceived congress blackmun concurring concluded basis intangible guides title vii prohibition intentional discrimination basis race sex prohibit intentional discrimination basis race sex long designed break old patterns racial sexual segregation hierarchy unnecessarily trammel interests white male employees require discharge white male workers replacement new black female hirees create absolute bar advancement white male employees temporary measure intended maintain racial sexual balance simply eliminate manifest racial sexual imbalance effect weber held legality intentional discrimination private employers certain disfavored groups individuals judged title vii judicially crafted code conduct contours determined discernible standard aside dissent convincingly demonstrated divination congressional purposes belied face statute legislative history recasting code conduct ever since led us today adds reasons abandoning majority response criticism weber ante asserts since congress amended statute reject construction may assume interpretation correct assumption frequently haunts opinions put rest based begin patently false premise correctness statutory construction measured current congress desires rather law enacted meant make matters worse assays current congress desires respect particular provision isolation rather way provision originally enacted part total legislative package containing many quids pro quo whereas statute originally proposed may presented enacting congress question hospitals required provide medical care indigent patients federal subsidies offset cost question theoretically asked later congress order establish correctness judicial interpretation statute provides subsidies simply medical care hospitals required provide indigent patients federally subsidized hardly question many legislators accepted subsidy provisions order gain votes necessary enactment care requirement vote subsidy isolation unsubsidized care requirement thanks judicial opinion safely books even accepting flawed premise intent current congress respect provision isolation determinative one must ignore rudimentary principles political science draw conclusions regarding intent failure enact legislation complicated check legislation federalist rossiter ed erected constitution creates inertia makes impossible assert degree assurance congressional failure act represents approval status quo opposed inability agree upon alter status quo unawareness status quo indifference status quo even political cowardice interesting speculate principle congressional inaction proves judicial correctness apply another issue civil rights field liability municipal corporations held statute reach municipalities see monroe pape congress took action overturn decision monell new york city dept social services majority logic monell wrongly decided since congress years silence established monroe misperceived political one therefore assume monroe interpretation correct hand nine years gone since monell congress amended assume monell interpretation correct rather think admit vindication congressional inaction canard justice stevens concurring opinion emphasizes undoubted public interest stability orderly development law ante citation omitted often requires adherence erroneous decision described however today decision demonstration stability order instability unpredictable expansion substitution judicial improvisation statutory text produced number reasons stare decisis save weber first applied doctrine stare decisis civil rights statutes less rigorously laws see maine thiboutot powell dissenting monroe pape supra frankfurter dissenting part second justice stevens acknowledges concurrence ante weber dramatic departure prior title vii precedents scarcely said consistent warp woof civil rights law beyond question monell new york city dept social services supra third weber decided mere seven years ago provided little guidance persons seeking conform conduct law beyond proposition title vii mean says finally even stringent test propriety overruling statutory decision appear beyond doubt decision misapprehended meaning controlling provision quoting monroe pape supra harlan concurring weber overruled addition complying commands statute abandoning weber desirable side effect eliminating requirement willing suspension disbelief currently credential reading opinions field weber demanded belief corporate employer adopted program voluntarily rather practical compulsion government contracting agencies see bakke title vi case cited authority majority ante demanded belief university california took race account merely one many diversities felt educationally important expose medical students see today opinion face plan obviously designed force promoting officials prefer candidates favored racial sexual classes warning personal commitment determined successfully attain certain numerical goals face particular promotion awarded less qualified applicant official little nothing inquire sources critical determining final candidates relative qualifications sex face demands belief dealing program merely authorizes consideration given affirmative action concerns evaluating qualified applicants ante line decisions rooted firmly naivete must wrong majority emphasizes though meaningful persons automatically excluded consideration able qualifications weighed applicants ibid one reminded exchange shakespeare king henry fourth part glendower call spirits vasty deep hotspur man come call act iii scene lines similarly hollow assurance strike plan failed take distinctions qualifications account dictate mere blind hiring numbers ante means taking distinctions qualifications account consists eliminating applicant pool even minimally qualified job done promoting officer assures candidates minimally qualifieds ignore agency director much better minimally qualified candidates may proceed appoint pool solely basis race sex goals reached requirement employer take distinctions qualifications account thus turns assurance candidates comparative merits always considered none successful candidates selected others solely basis race sex utterly unqualified may great comfort concerned american productivity undoubtedly effective reducing effect discrimination upon upper strata society unlike road maintenance workers example compete employment professional semiprofessional fields many reasons including notably effects past discrimination numbers applicants favored groups substantially less fail see relevance whether selecting among final candidates solely basis race sex permissible title vii prohibits discrimination basis race sex today decision however merely reaffirm weber merely extend public actors impossible aware practical effect holding accomplish de facto law language even plainer ignored weber see forbids anyone accomplishing de jure many contexts effectively requires employers public well private engage intentional discrimination basis race sex prior interpretations title vii especially decision griggs duke power subject employers potential title vii suit whenever noticeable imbalance representation minorities women employer work force even employer confident ultimately prevailing suit must contemplate expense adverse publicity trial extent imbalance job relatedness selection criteria questions fact explored rebuttal counterrebuttal prima facie case consisting showing employer selection process selects protected class significantly lesser rate counterparts schlei grossman employment discrimination law ed however employers free discriminate affirmative action without fear reverse discrimination suits nonminority male victims offered threshold defense title vii liability premised numerical disparities thus today decision failure engage reverse discrimination economic folly arguably breach duty shareholders taxpayers wherever cost anticipated title vii litigation exceeds cost hiring less capable though still minimally capable workers situation likely obtain course respect least skilled jobs perversely creating incentive discriminate precisely members nonfavored groups least likely profited societal discrimination past predictable moreover incentive greatly magnified economic pressures brought bear government contracting agencies upon employers refuse discriminate fashion approved statute designed establish workplace thus converted powerful engine racism sexism merely permitting intentional discrimination often making operation legal system practically compelled unlikely today result displeasing politically elected officials provides means quickly accommodating demands organized groups achieve concrete numerical improvement economic status particular constituencies displease world corporate governmental employers many filed briefs amici present case side santa clara cost hiring less qualified workers often substantially less infinitely predictable cost litigating title vii cases seeking convince federal agencies nonnumerical means discrimination exists fact losers process johnsons country title vii merely repealed actually inverted irony individuals predominantly unknown unaffluent unorganized suffer injustice hands fond thinking champion politically impotent dissent renders utterly incomprehensible majority assertion agency acknowledged goal necessarily justify taking account sex applicants positions job categories ante character intervention reasoning behind described agency director testimony trial happen become involved particular promotional opportunity became aware difference opinion specifically road operations people shields affirmative action director morton desirability certain individuals promoted shields felt johnson appointed position morton felt diane joyce appointed morton less interested particular individual felt opportunity us take step toward meeting affirmative action goals one person eligibility list one protected groups felt afforded us opportunity meet goals appointment member protected group tr support proposition title vii narrow title vi majority repeats reasons dictum effect set forth steelworkers weber case justice points ante reasonably read consistent constitutional standards wygant reasons unpersuasive consisting existence title vii implausibility restriction upon scope title vii demonstrated chief justice rehnquist literally unanswered weber dissent fact title vi pertains recipients federal funds title vii pertains employers generally latter fact true perhaps interesting conceivably reason giving virtually identical categorical language interpretation one case intentional discrimination forbidden case compare person shall ground race color national origin subjected discrimination employer shall discriminate individual individual race color religion sex national origin justice concurrence least makes attempt bring term accord last reading title vii employer may discriminate affirmatively speak firm basis believing might guilty nonaffirmative discrimination act action designed remedy suspected prior discrimination ante something halfway house leaving employers discriminate disfavored groups majority opinion prohibiting discrimination words title vii present case although district found fact sex discrimination existed justice find firm basis agency belief sex discrimination existed inexorable zero complete absence prior diane joyce women agency skilled positions two problems first even positing firm basis agency belief prior discrimination discussed plan patently designed remedy prior discrimination rather establish sexually representative work force second even absolute zero inexorable may inexorably provide firm basis belief mind outside observer conclusively establish belief employer part since may aware particular reasons account zero quite likely case given nature jobs talking list factors hindering goal attainment recited agency plan see supra question event one fact indeed relevant outcome require remand district rather affirmance purporting respond dissent nonexistent predict ion today decision loose flood less qualified minorities women upon work force ante majority accepts contention american society personnel administration way determine best qualified candidate job road dispatcher effectively constitutes appellate reversal finding fact district present case laintiff qualified position road dispatcher diane joyce app pet cert importantly staggering implications future title vii litigation since common reason advanced failing hire member protected group superior qualification hired individual confident however considers argument enduring