SHEET METAL WORKERS v. EEOC

No. 84-1656.

478 U.S. 421 (1986)

LOCAL 28 OF THE SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION ET AL. v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ET AL.

Supreme Court of United States.

Decided July 2, 1986


Attorney(s) appearing for the Case

Martin R. Gold argued the cause for petitioners. With him on the briefs were Robert P. Mulvey and William Rothberg.

O Peter Sherwood, Deputy Solicitor General of New York, argued the cause for respondents. With him on the brief for respondent New York State Division of Human Rights were Robert Abrams, Attorney General, Robert Hermann, Solicitor General, and Lawrence S. Kahn, Colvin W. Grannum, Jane Levine, and Martha J. Olson, Assistant Attorneys General Solicitor General Fried, Assistant Attorney General Reynolds, Deputy Solicitor General Kuhl, Samuel A. Alito, Jr., Brian K. Landsberg, Dennis J. Dimsey, David K. Flynn, and Johnny J. Butler filed briefs for respondent Equal Employment Opportunity Commission. Frederick A. O. Schwarz, Jr., Leonard Koerner, Stephen J. McGrath, Lorna B. Goodman, and Lin B. Saberski filed a brief for respondent city of New York.*

Briefs of amici curiae urging affirmance were filed for the State of California et al. by John K. Van de Kamp, Attorney General of California, Andrea Sheridan Ordin, Chief Assistant Attorney General, Marian M. Johnston, Deputy Attorney General, William J. Guste, Jr., Attorney General of Louisiana, Frank J. Kelley, Attorney General of Michigan, Hubert H. Humphrey III, Attorney General of Minnesota, Robert M. Spire, Attorney General of Nebraska, W. Cary Edwards, Attorney General of New Jersey, Paul Bardacke, Attorney General of New Mexico, David Frohnmayer, Attorney General of Oregon, Charles G. Brown, Attorney General of West Virginia, Bronson C. La Follette, Attorney General of Wisconsin, and Elisabeth S. Shuster; for the city of Birmingham, Alabama, by James P. Alexander, Linda A. Friedman, and James K. Baker; for the city of Detroit et al. by Daniel B. Edelman, John H. Suda, Charles L. Reischel, Frederick N. Merkin, and Robert Cramer; for the Lawyers' Committee for Civil Rights Under Law et al. by Paul C. Saunders, Harold R. Tyler, James Robertson, Norman Redlich, William L. Robinson, Richard T. Seymour, Grover G. Hankins, Charles E. Carter, E. Richard Larson, and Burt Neuborne; for the NAACP Legal Defense and Educational Fund, Inc., et al. by Julius L. Chambers, Ronald L. Ellis, Clyde E. Murphy, Eric Schnapper, Samuel Rabinove, Richard T. Foltin, Theodore R. Mann, Marvin E. Frankel, Grover G. Hankins, Antonia Hernandez, Kenneth Kimerling, and David Saperstein; for the National Conference of Black Mayors, Inc., by Conrad K. Harper; for the NOW Legal Defense and Education Fund et al. by Marsha Levick and Emily J. Spitzer; and for the North Carolina Association of Black Lawyers by Joseph A. Broderick, Wayne Alexander, G. K. Butterfield, James E. Ferguson II, John H. Harmon, William A. Marsh, Jr., Brenda F. McGhee, and Floyd B. McKissick, Sr.

Briefs of amici curiae were filed for the Equal Employment Advisory Council by Robert E. Williams, Douglas S. McDowell, and Thomas R. Bagby; and for the National Association of Manufacturers by Dennis H. Vaughn, John C. Fox, Paul Grossman, and James Amundson.


JUSTICE BRENNAN announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, III, and VI, and an opinion with respect to Parts IV, V, and VII in which JUSTICE MARSHALL, JUSTICE BLACKMUN, and JUSTICE STEVENS join.

In 1975, petitioners were found guilty of engaging in a pattern and practice of discrimination against black and Hispanic individuals (nonwhites) in violation of Title VII...

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