United Air Lines, Inc. v. Evans

Background

A woman who worked as a flight attendant from 1966 to 1968 was forced to resign when United required flight attendants not to be married. She later sought reinstatement, was rehired in February 1972, and was treated as a new employee with no credit for her earlier service. After filing an EEOC charge in February 1973, she sued to regain seniority and backpay. The District Court dismissed her complaint as time barred.

Reasoning

The central question was whether the airline’s refusal to credit her pre-1972 service was a continuing, current violation of the law. The Court said no. Because she did not file a timely charge about the 1968 separation, that earlier unlawful act has no present legal effect by itself. The seniority system was applied neutrally to rehired employees of both sexes, and the Court found no allegation that the system intentionally treated women worse than men. The Court therefore upheld dismissal and reversed the Court of Appeals’ reinstatement of her claim.

Real world impact

The decision limits the ability of workers who were unlawfully separated in the past to recover retroactive seniority unless they timely filed an administrative charge or can prove a present discriminatory practice. Employers may continue to treat rehired workers as new hires under neutral seniority rules, and claims based solely on old, uncharged acts are less likely to survive.

Dissents or concurrances

Justice Marshall (joined by Justice Brennan) dissented, arguing the seniority system perpetuates past sex discrimination and that the denial of seniority should be treated as a continuing violation allowing relief.