• Last updated on November 11, 2022

The Supreme Court approved a federal district court’s order requiring a hiring goal and a timetable for the employment of minority workers as a remedy for a union’s past discrimination.

A federal district court found that a labor union had discriminated against nonwhite workers in violation of Title VII of the Civil Rights Act of 1964. The court ordered the union to cease its discriminatory practices and to achieve a membership of 29 percent nonwhite workers, which would be equal to the percentage in the relevant labor pool. Speaking for a 6-3 majority, Justice William J. Brennan, Jr.,Brennan, William J., Jr.;Local 28 of Sheet Metal Workers International Association v. Equal Employment Opportunity Commission[Local 28 of Sheet Metal Workers International Association v. Equal Employment Opportunity Commission] concluded that Title VII did not prohibit courts from providing “make-whole” relief that included quotas and preferences affecting individuals who had not been the actual victims of discrimination. Although the Supreme Court under William H. Rehnquist subsequently decided to scrutinize affirmative action programs from a more critical perspective, the Local 28 decision was never overturned.Affirmative action;Local 28 of Sheet Metal Workers International Association v. Equal Employment Opportunity Commission[Local 28 of Sheet Metal Workers International Association v. Equal Employment Opportunity Commission]

Affirmative action

Civil Rights Acts

Judicial scrutiny

Race and discrimination

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