NCJ Number
58982
Journal
Labor Law Journal Volume: 27 Issue: 8 Dated: (AUGUST 1976) Pages: 480-490
Date Published
1976
Length
11 pages
Annotation
THIS DISCUSSION OF EMPLOYMENT DISCRIMINATION FOCUSES ON THE LAW IN RELATION TO SENIORITY PROBLEMS AND THE JUDICIAL PROCESS WHICH ESTABLISHED THE LAW.
Abstract
IN FRANKS V. BOWMAN (1976), THE SUPREME COURT DECLARED THAT THE APPROPRIATE REMEDY FOR DISCRIMINATION IN HIRING IS THE EMPLOYMENT OF THE PARTY DISCRIMINATED AGAINST WITH FULL SENIORITY, BACK TO THE DATE OF THEIR APPLICATION FOR WORK. THE BOWMAN DECISION ESTABLISHES A PRESUMPTION THAT ONE SUBJECTED TO RACIAL DISCRIMINATION IS ENTITLED TO EMPLOYMENT WITH FULL RETROACTIVE SENIORITY. THIS IS SEEN AS THE CORRECT LEGAL AND SOCIAL DECISION. HOWEVER, IF IN THE PROCESS OF TRYING TO DO JUSTICE INNOCENT PERSONS ARE DEPRIVED OF BENEFITS, THEN THEIR RIGHTS AND EXPECTATIONS MUST ALSO BE TREATED JUSTLY. TO PROTECT BOTH GROUPS, IT IS SUGGESTED THAT THE TWO EMPLOYEES BE GIVEN EQUAL SENIORITY AND THE EMPLOYER BE REQUIRED NOT TO LAY OFF EITHER. SINCE EMPLOYERS AND UNIONS ARE RESOURCEFUL, IT SHOULD BE POSSIBLE TO ACCOMMODATE BOTH GROUPS--BLACKS AND OTHER MINORITIES AND WHITES. OTHER REMEDIES TO THE PROBLEM ARE AVAILABLE INCLUDING THE CIVIL RIGHTS ACT OF 1966 WHICH CAN SUPPLEMENT THE CIVIL RIGHTS ACT OF 1964. IN ADDITION, ADMINISTRATIVE REGULATIONS IN VARIOUS FEDERAL DEPARTMENTS AND THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) CAN GOVERN AND EFFECT A WIDE RANGE OF EMPLOYMENT RELATIONS, INCLUDING SENIORITY. STATE FAIR EMPLOYMENT PRACTICES ACTS CAN ALSO BE UTILIZED. IT IS STATED THAT THE PROCESS OF LEGAL ARGUMENT--USE OF ESTABLISHED PRINCIPLES, LEGISLATIVE DECISION, CASE PRECEDENT, AND LOGIC--CAN HELP ASSURE THAT THE RESULT OF LEGAL MANEUVERING IS A JUST ARRANGEMENT OF HUMAN BEHAVIOR.