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Steelworkers Vs. Weber

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  • US Supreme Court
  • Jun 27, 1979

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71 entries 3 linked 68 unlinked
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  1. Albemarle Paper Co. Vs. Moody US Supreme Court · Jun 25, 1975
  2. National Woodwork Mfrs. Assn. Vs. Nlrb US Supreme Court · Apr 17, 1967
  3. United States Vs. Rutherford US Supreme Court · Jun 18, 1979
  4. U.S. 193 (1979) U.S. Supreme Court Steelworkers v. Weber
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  5. U.S. 193 (1979) United Steelworkers of America, AFL-CIO-CLC v. Weber
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  6. a) Respondent Weber's reliance upon a literal construction of the statutory provisions and upon McDonald v. Santa
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  7. Holy Trinity Church v. United
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  8. provided in the Kaiser-USWA plan. That question was Page 443 U. S. 201 expressly left open in McDonald v. Santa
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  9. in hiring and in the selection of apprentices for training programs. Since, the argument runs, McDonald v. Santa
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  10. a) and (d) and upon McDonald is misplaced. See McDonald v. Santa
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  11. the background of the legislative history of Title VII and the historical context from which the Act arose. See Train v. Colorado
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  12. United States v. American
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  13. and must be rejected. United States v. Public
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  14. Utilities Comm'n, 345 U. S. 295 , 345 U. S. 315 (1953). See Johansen v. United
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  15. Longshoremen v. Juneau
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  16. Texas & Pacific R. Co. v. Abilene
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  17. The plan does not require the discharge of white workers and their replacement with new black hirees. Cf. McDonald v. Santa
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  18. grounds are so numerous as to make such exclusion a proper subject for judicial notice. See, e.g., United States v. Elevator
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  19. Associated General Contractors of Massachusetts v. Altschuler
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  20. Southern Illinois Builders Assn. v. Ogilvie
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  21. Contractors Assn. of Eastern Pennsylvania v. Secretary
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  22. Insulators & Asbestos Workers v. Vogler
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  23. Buckner v. Goodyear
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  24. F. Marshall & v. Briggs
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  25. but it does not preclude courts from considering racial imbalance as evidence of a Title VII violation. See Teamsters v. United
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  26. Title VI of the Civil Rights Act of 1964, considered in University of California Regents v. Bakke
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  27. was not sufficiently job-related to justify under Title VII any discriminatory impact it may have had. See Parson v. Kaiser
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  28. Aluminum & Chemical Corp., 575 F.2d 1374, 1389 (CA5 1978), cert. denied sub nom. Steelworkers v. Parson
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  29. and modeled it along the lines of a Title VII consent decree later entered for the steel industry. See United States v. Allegheny-Ludlum
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  30. Because Congress intended to encourage private efforts to come into compliance with Title VII, see Alexander v. Gardner-Denver
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  31. practices, the program makes it less likely that such an effect could be demonstrated. Cf. County of Los Angeles v. Davis
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  32. case. Furnco Construction Corp. v. Waters
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  33. under Title VII, a mere disparity may provide the basis for a prima facie case against an employer, Dothard v. Rawlinson
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  34. U. S. 321 , 433 U. S. 329 -331 (1977), it would not conclusively prove a violation of the Act. Teamsters v. United
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  35. bounds of Title VII. For example, Title VII provides no remedy for pre-Act discrimination, Hazelwood School District v. United
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  36. Teamsters v. United
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  37. cases that have given that history a much more limited reading than that adopted by the dissent. For example in Griggs v. Duke
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  38. post at 443 U. S. 240 , the dissent does not point out that the Court's opinion in Teamsters v. United
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  39. a previously achieved balance. See University of California Regents v. Bakke
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  40. union nepotism, Asbestos Workers v. Vogler
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  41. and segregated apprenticeship programs, F. Marshall & v. Briggs
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  42. in Title VII. Griggs v. Duke
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  43. McDonald v. Santa
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  44. Id. at 427 U. S. 283 (emphasis in original). In Griggs v. Duke
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  45. Furnco Construction Corp. v. Waters
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  46. s adherence to the oft-stated principle that our duty is to construe, rather than rewrite, legislation, United States v. Rutherford
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  47. Ante at 443 U. S. 202 , quoting United States v. Public
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  48. United States v. Public
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  49. i). v. Our
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  50. U.S. Supreme Court Steelworkers v. Weber
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