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Sears, the leader in an industry that employs more than 15% of the labor force, has long been at odds with the EEOC. Indeed, some thought the suit was designed to steal thunder from an anti-Sears suit still pending at EEOC. Sears officials deny this, but they make no secret of their frustrations with Washington. In 1973 the EEOC charged that Sears, which has about 417,000 people on its payroll, had followed discriminatory hiring and promotion practices. The company added a new dimension to its affirmative action program: Sears units were to hire one minority group member...
...made a tremendous effort to comply." He notes that since 1966 the company proportion of women managers has risen from 20% to 36%; of women craftworkers from 3.8% to 8.1%; of black managers from 4% to 7.2%; and of black craftworkers from 2.8% to 8.9%. But the EEOC now demands that 50% of new management positions and 33% of new craft openings be given to women and Sears officials protest that these goals are arbitrary...
...prospering Washington lawyer, sees no conflict: "There's nothing in the Constitution that says anybody isn't entitled to a defense against discrimination, and in that sense there's no difference between cases involving 'Bull' Connor and blacks, and the EEOC and Sears...
...courts that there had been no past discrimination. Why? Because the company did not want to lay itself open to suits by black workers. "People are being made to feel that Kaiser would set up this kind of program even though it had not discriminated in the past," says EEOC Chief Eleanor Holmes Norton. "That's nonsense...
...EEOC and the Justice Department want the Weber case sent back so lower courts can reconsider evidence of Kaiser's past discrimination. But Weber, now a $20,000-a-year lab technician at the Kaiser plant, says he is optimistic about winning in the high court. If he does, he may become an even more important symbol than Allan Bakke. Unlike Bakke, who used to duck publicity, Weber says he doesn't mind "the notoriety." A loquacious Cajun and father of three who is fond of fishing, he likes to be photographed in his hard hat. In fact, Weber plans...