Black Workers in White Unions: Job Discrimination in the United States

By William B. Gould | Go to book overview

5 Remedies (I): Quotas, Ratios, Goals, and Timetables

The basis for affirmative action is to be found in the remedial provisions of Title VII of the Civil Rights Act of 1964. Once a violation is found by the court under that statute, in addition to enjoining the conduct involved, the court "may... order such affirmative action as may be appropriate."1 Under the 1972 amendment to the statute, more than an affirmative action obligation is thrust upon defendants who are liable -- i.e., the court may order "any other equitable relief as the court deems appropriate."2 It is interesting that Congress, when debating the 1972 amendments to Title VII, specifically rejected amendments which would have nullified pre-1972 judicial decrees requiring quotas.3 Accordingly, whatever the debate about the authority of the district courts before 1972, Congress seems to have cleared up the matter by ratifying such decisions -- a fact to which the Sixth Circuit Court of Appeals has specifically alluded.4*

Before examining the rationale for, and problems with existing judicial authority, it is important to note that in the President's executive order, there is an affirmative-action provision as well.5 Ever since the Kennedy administration's revision of the executive order in 1961, this obligation has been imposed upon contractors regardless of whether discrimination had been engaged in by a particular defendant. The failure of a contractor to undertake affirmative action is itself a violation of the executive order.

Furthermore, even where neither the statute nor the executive order applies, the courts have the authority, in dealing with employment (as in other civil rights litigation) to exercise equitable discretion in fashioning relief by providing a remedy enjoining unconstitutional behavior. Indeed, the Court, in its landmark decision in Louisiana v. United States, has said: "We bear in mind that the court has not merely the power but the duty to render a decree which will so far as possible eliminate the discriminatory effects of the past as well as bar like discrimination in the future.6

Remedies fashioned by the courts are concerned with both past and future behavior, and the debate about quotas or goals and timetables as appropriate affirmative-action relief is inevitably linked to both. Without evidence of behavior which has either unlawfully excluded blacks or other minorities in the past or a practice which continues an exclusionary bias against minorities insofar as recruitment or

-99-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Black Workers in White Unions: Job Discrimination in the United States
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 506

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.