Franks v. Bowman Transportation Co.

Background

A group of Black men who applied for over-the-road (OTR) truck driving jobs say Bowman Transportation and the unions refused to hire them because of race. The federal trial court found a pattern of racial discrimination, certified a class, ordered the company to give priority hiring and backpay, but denied unnamed applicants retroactive seniority. The appeals court agreed on backpay but left the seniority denial for nonemployees in place, so the case reached the Supreme Court.

Reasoning

The Court asked whether Section 703(h) of Title VII prevents courts from giving seniority to applicants who were illegally denied jobs after the law took effect, and whether the courts can use their equitable power to order that remedy. The Court held §703(h) does not bar seniority awards and that district courts may, as part of Title VII relief, give victims “rightful-place” seniority dating from their application when needed to make them whole.

Real world impact

The decision means identifiable applicants who were denied jobs because of race can get seniority credit when hired under a court order, affecting layoffs, job bids, vacation time, pensions, and pay. Employers and unions may have to adjust lists and procedures to restore victims’ positions. The ruling is not an immediate award for everyone; district courts will still shape seniority relief case by case and the Supreme Court sent the case back to the trial court.

Dissents or concurrances

Several Justices concurred in part but warned courts must weigh equities. Justice Powell would require district courts to consider harm to innocent employees before granting competitive-type seniority. Chief Justice Burger suggested monetary awards instead of displacing current workers. Those views were noted but did not change the Court’s rule today.