United Air Lines, Inc. v. Evans

PETITIONER: United Air Lines, Inc.
RESPONDENT: Evans
LOCATION: City of Philadelphia

DOCKET NO.: 76-333
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: United States Court of Appeals for the Seventh Circuit

CITATION: 431 US 553 (1977)
ARGUED: Mar 29, 1977
DECIDED: May 31, 1977

ADVOCATES:
Alan M. Levin - for respondent, pro hac vice, by special leave of Court
Stuart Bernstein - for petitioner

Facts of the case

Question

Media for United Air Lines, Inc. v. Evans

Audio Transcription for Oral Argument - March 29, 1977 in United Air Lines, Inc. v. Evans

Audio Transcription for Opinion Announcement - May 31, 1977 in United Air Lines, Inc. v. Evans

Warren E. Burger:

The judgment and opinion of the Court in 76-333, United Air Lines against Evans will be announced by Mr. Justice Stevens.

John Paul Stevens:

The respondent in this case was employed by United Air Lines as a flight attendant in November 1966 through February 1968.

He was rehired in February of 1972.

Assuming as she alleges that her separation from employment in 1968 violated Title VII of the Civil Rights Act of 1964.

The question presented by this case is whether the employer has committed a second violation of Title VII by refusing to credit her with seniority for any period prior to February of 1972 when she was rehired.

The Court of Appeals for the Seventh Circuit held that United had violated the Act because its seniority system perpetuated the effects of past discrimination.

For reasons stated and an opinion filed with the clerk, we conclude that United's seniority system is neutral in operation.

We then reversed the contrary decision of the Court of Appeals.

Mr. Justice Marshall has filed a dissenting opinion in which Mr. Justice Brennan has joined.

Warren E. Burger:

Thank you, Mr. Justice Stevens.