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JOHNSON v. GOODYEAR TIRE & RUBBER CO., SYNTHETIC RUB. PL.

No. 73-1712.

491 F.2d 1364 (1974)

R. L. JOHNSON, Plaintiff-Appellant-Cross Appellee, v. The GOODYEAR TIRE & RUBBER COMPANY, SYNTHETIC RUBBER PLANT, et al., Defendants-Appellees-Cross Appellants, International Union of Operating Engineers, AFL-CIO, Local Union No. 347, Defendant-Appellee-Cross Appellee. INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO, LOCAL UNION NO. 347, Plaintiff-Cross Appellee, v. The GOODYEAR TIRE & RUBBER COMPANY, HOUSTON CHEMICAL PLANT, Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

March 27, 1974.

Attorney(s) appearing for the Case

Gabrielle K. McDonald, Mark T. McDonald, Houston, Tex., Jack Greenberg, William L. Robinson, Morris J. Baller, C. Vernon Mason, New York City, for R. L. Johnson.

V. Regan Burch, Jr., Houston, Tex., for Goodyear Tire & Rubber Co. et al.

William N. Wheat, Houston, Tex., for Intern. Union of Operating Engineers.

William A. Carey, Gen. Counsel, Julia P. Cooper, Associate Gen. Counsel, Beatrice Rosenberg, Joseph T. Eddins, Josephine A. Trevathan, Charles L. Thomas, Attys., E. E. O. C., Washington, D. C., amicus curiae.

Before GEWIN, AINSWORTH and MORGAN, Circuit Judges.

GEWIN, Circuit Judge:

One of our nation's emerging legal and moral precepts is that persons may not be denied employment on the basis of their race. When the employment relationship becomes tainted with racial discrimination, federal remedial legislation has created a right of action ensuring that a discriminatee may be made whole for an employer's misconduct. As in other instances, the legislative branch has placed a heavy burden on the judiciary in the ultimate...

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