Wards Cove Packing v. Atonio - Significance, Title Vii, New Era, New Majority, Pro-business Climate, What Is White Collar Crime?
court petitioner workforce discrimination
Petitioner
Wards Cove Packing Company, Inc., et al.
Respondent
Frank Atonio, et al.
Petitioner's Claim
That an earlier court judgment showing discrimination though "disparate impact" was incorrect.
Chief Lawyer for Petitioner
Douglas M. Fryer
Chief Lawyer for Respondent
Abraham A. Arditi
Justices for the Court
Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist, Antonin Scalia, Byron R. White (writing for the Court)
Justices Dissenting
Harry A. Blackmun, William J. Brennan, Jr., Thurgood Marshall, John Paul Stevens
Place
Washington, D.C.
Date of Decision
5 June 1989
Decision
A racially segregated workforce does not show discrimination on the part of the employer if that workforce is a reflection of the pool of applicants, and thus is not in violation of the Civil Rights Act of 1964. Furthermore, in such cases the plaintiff, not the employer, must show proof that a specific hiring or personnel policy is responsible for an unfairly segregated workforce.
Related Cases
- Griggs v. Duke Power Co., 401 U.S. 424 (1971).
- Washington v. Davis, 426 U.S. 229 (1976).
Sources
Criminal Law. Fourth Edition. Boston, MA: McGraw-Hill, 1998.
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