HR Case Laws
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Griggs v. Duke Power
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Case that recognized adverse impact discrimination. In this Supreme Court case the issue was a company policy that required employees to have a high school diploma and to pass two tests in order to be promoted from the labor department to higher levels in the company.
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McDonnell Douglas Corp. v. Green
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Case that established the criteria for disparate treatment discrimination. (Described on p. 6, Unit 2)
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Albemarle Paper v. Moody
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In this case, the major issues were the plant's seniority system, its program of employment testing, and backpay. Now, companies need to establish evidence that tests used are related to the job. (1975)
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Washington v. Davis
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In this case, the Supreme Court affirmed the legality of valid tests, even if they disqualify a larger percent of one ethnic group. A large percent of black applicants were disqualified from a police training program because of low test scores on the Civil Service exam.
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Regents of University of California v. Bakke
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In this case, the Supreme Court ordered a medical school to accept a white male applicant who had higher entrance test scores than some of the minorities. Reverse discrimination not allowed; race can be used in section decisions; affirmative action programs permissible when prior discrimination established.
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United Steelworkers v. Webber
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Supreme Court ruled against a white male who was trying to get into a training program. The training program had been designed to help the company achieve its affirmative action goals. The affirmative action plan did not violate Title VII since it included voluntary quotas.
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Johnson v. Transportation Agency
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Supreme Court ruled that the county was justified in giving a job to a woman who scored two points less on an exam than a man; county had an affirmative action plan that was flexible, temporary, and designed to correct the imbalance of white ales in the workforce.
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School Board of Nassau v. Arline
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Court ruled that persons with contagious diseases could be covered by the Rehabilitation Act. (described on p. 30, Unit 2)
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City of Richmond v. J. A. Croson Company
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Supreme Court ruled that the rigid numerical quota system was unconstitutional; city had not laid proper groundwork and had not identified or documented discrimination.
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St. Mary's Honor Center v. Hicks
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Supreme Court ruling that Title VII plaintiffs must show that discrimination was the real reason for an employer's action.
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Taxman v. Board of Education of Piscataway
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District court held that a school board could not use racial diversity as an "educational goal" or as a justification for an affirmative action plan granting racial preferences in layoffs where there was no evidence of past bias against racial minorities.
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Oncale v. Sundowner Offshore Service, Inc.
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Ruled that same-gender harassment is actionable under Title VII.
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Grutter v. Bollinger and Gratz v. Bollinger
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Supreme Court ruled that the diversity of a student body is a compelling state interest that can justify the use of race in university admissions as long as the admissions policy is "narrowly tailored" to achieve this goal; University of Michigan did not make this showing for its undergraduate program, but the law school admissions program satisfied this standard.
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General Dynamic Land Systems, Inc., v. Cline
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Supreme Court ruled that the federal age discrimination law does not protect younger workers-even if they are over 40- from workplace decisions that favor older workers.
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Smith v. Jackson Mississippi
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Supreme Court held that, like Title VII, the ADEA (Age Discrimination in Employment Act) authorizes recovery on a disparate impact theory.
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Ricci v. DeStefano
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Supreme Court Held that employers may violate Title VII when they engage in race-conscious decision making to address adverse impact- unless they can demonstrate a "strong basis in evidence" that, had they not taken action, they would have been liable under a disparate impact theory.
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Ash v. Tyson Foods Inc.
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In this case, the Supreme Court had made it easier to prove racial discrimination by concluding that use of the word "boy" might show racial animus in the context of the tone of voice, inflection and historical usage.
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Burlington Northern & Santa Fe Railway Co. v. White
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The court decided that the removal of an employee from operating a forklift and her suspension constituted unlawful retaliation after she made a claim of gender discrimination.
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Fullilove v. Klutznick
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Court upholds Congress' decision to set aside a portion of public works fund for minority businesses.
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Hardison v. Trans World Airlines
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In this case, an employee claimed that the company did not satisfactorily accommodate his need to observe a Saturday Sabbath. The court concluded that it had made reasonable efforts to accommodate the employee. (p. 9, Unit 2)
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Local 28 v. EEOC
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In this case, the court upheld that a federal court properly set a goal of 29 % minority membership in a Sheet Metal Workers local and made the union pay for training.
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Local 93 v. City of Cleveland
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Court approves a plan of promotions for firefighters using a 1:1 ration to increase the number of minorities in upper-level jobs.
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O'Conner v. Consolidated Coin Caterers Corporation
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In this case, a fifty-six-year-old plaintiff was replaced by a "younger" forty-year-old. (p. 24, Unit 2)
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Wilkinson v. Times Mirror Corportation
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A California Court of Appeals upheld a testing program for applicants that include certain elements. (p. 131, Unit 2)
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Wygant v. Jackson Board of Education
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Court ruled that the Constitution bars from laying off white teachers with more seniority than black teachers who remain at work.
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Adarand Constructors, Inc. v. Pena
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Court rules that awarding a bid to a minority contractor over a lower-bidding non-minority contractor is illegal, unless such a decision is designed to correct a manifest imbalance from prior discrimination.
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Kolstad v. American Dental Association
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Ruled that the availability of punitive damages depends on the motive of the discriminator rather than the nature of the conduct.
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Leonel v. American Airlines
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Case in which Court of Appeals for the Ninth Circuit held that to issue a "real" employment offer under the ADA, an employer must have completed all nonmedical components of the application process or be able to demonstrate that it could not reasonably have done so before issuing the offer
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Ledbetter v. Goodyear Tire & Rubber Co.
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Supreme Court decision that held that the 180-day time limit for filing a charge under Title VII of the Civil Rights Act started after the alleged unlawful employment action and did not restart upon receipt of each successive paycheck; was overruled by an Act in 2009.
