Essay on "Metal Workers Employment Law Case"

Essay 3 pages (1010 words) Sources: 2

[EXCERPT] . . . .

EEOC effectively ruled that, when devising the language of Title VII and section 706(g), "Congress did not intend to preclude nonvictims from benefiting from race conscious relief ... (as) 706(g) remedies should not be limited solely to the actual victims of discrimination" (Napolitano, 1987). The Supreme Court determined by the slimmest of margins that Title VII's enforcement provisions, as elucidated in section 706(g), permitted district courts to include individuals who may not have been affected by discrimination in its remedies. As Justice Brennan wrote in his opinion affirming the Second Circuit's imposition of a quota system to assure equal hiring practices, "affirmative action may be necessary in order effectively to enforce Title VII, such as with persistent or egregious discrimination or to dissipate its effects ... (and) here the membership goal and Fund were necessary to remedy the union and JAC's pervasive and egregious discrimination and its lingering effects" (1986). The reason courts may elect to include nonvictims in the remedy of discriminatory hiring practices is the institutionalized nature of such crimes, because the number of victims who actually take their cases to court represents only a fraction of those who have been victimized by bigotry in the workplace. By extending the remedial provisions of section 706(g) to nonvictims in particularly pervasive instances of discrimination, the court can assure that the thousands of victims who lost promotions or received reduced pay unfairly may benefit from legal decisions which pertain to their circumstances.

As a member of the court in this case, the outright refusal of the Sheet Metal Workers union to adhere to the original cease and desist order would represent a flagrant flouting of the law by an entity entirely accustomed to having its own way. To assure that the union complied with the original order after 18 years of evasive maneuvering, it would be essential to include a deadline for compliance in the original order, stating that when the appeal process has been explored to exhaustion the union's leaders must adhere to the order under penalty of imprisonment. There is simply no role in the legal system for a judiciary that renders impotent judgments that can be dismissed by violators, and providing for the due process of appeal granted to all Americans, the passage of 18 years without adherence to a court order should be considered and unacceptable breach of established order. As an employer in the modern age, the Local 28 Sheet Metal Workers union must be prepared to realign its collective mindset, realizing that hiring minority workers is an eventuality that cannot be escaped by flooding the appeals courts with an endless stream of impeding motions.

References

142 U.S.C. § 2000e-2000e-17 (1982)

Griggs v. Duke Power Co., 401 U.S. 424, 429 (1971).

Moreno, P.D. (1999). From direct action to affirmative action: Fair employment law and policy in america 1933-1972. (3rd ed.). Baton Rouge, LA: Louisiana State University Press.

Napolitano, S. (1987). Interpreting the legislative history of section 706(g) of title vii. Boston College Third World Law Journal, 7(2),… READ MORE

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