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...local work force. To close that gap, the company and the union decided to accept whites and blacks into the program at that plant on a 1-to-1 basis. When the program rejected Weber, he filed suit. Federal courts upheld his claim; they ruled that Title VII of the Civil Rights Act of 1964 bans any racial discrimination in employment, no matter whether the bias is against blacks or whites...
...that the lower courts' rulings had followed the letter of the 1964 law, but insisted that they were not within its spirit. The primary concern of Congress was with "the plight of the Negro in our economy," Brennan wrote. It would be "ironic indeed," he said, if Title VII was used to prohibit "all voluntary, private, race-conscious efforts to abolish traditional patterns" of discrimination...
Chief Justice Warren Burger and Justice William Rehnquist dissented forcefully. (For varying reasons, Lewis Powell and John Paul Stevens did not participate in the decision.) In a biting opinion, Rehnquist argued that the legislative history of Title VII shows that "Congress meant precisely what it said." Congressional proponents of the act argued "tirelessly" during 83 days of debate that Title VII would be used neither to require nor permit quotas. Burger said that he would side with the majority if he were a Congressman, but that as a judge he had no business joining in "totally rewriting a crucial part...
...politics and history we have James Thomas Flexner on Washington, Dumas Malone on Jefferson, Arthur Schlesinger Jr. on Robert Kennedy and James MacGregor Burns on Franklin Roosevelt. The British have given us Elizabeth Jenkins on Elizabeth I, Cecil Woodham-Smith on Queen Victoria, Philip Magnus on Gladstone and Edward VII, and Robert Blake on Benjamin Disraeli. In literature there are treasures from both sides of the Atlantic. Richard Ellmann's Joyce, George Painter's Proust and Leon Edel's James are the chief prizes, but there are many other jewels, including Michael Holroyd on Lytton Strachey, Francis...
...remedy racial imbalance in the skilled labor force. Less than 2% of these craftsmen were black, although blacks made up 39% of the local work force. During 100 minutes of oral arguments last week, Weber's lawyer, Michael Fontham, said that such an explicit racial quota violated Title VII of the 1964 Civil Rights Act, which bans job discrimination on the basis of race. "You mean you can't avoid discrimination by discriminating?" said Justice Byron White. "Yes, your honor," Fontham replied emphatically...