Home / Full timeline / The U.S. Supreme Court rules that “when minorities allege that statistics show they are victims of bias, employers only have the burden of producing evidence that there is a legitimate reason for apparently neutral racial practices.”
The U.S. Supreme Court rules that “when minorities allege that statistics show they are victims of bias, employers only have the burden of producing evidence that there is a legitimate reason for apparently neutral racial practices.”
1989 (Jun 5)
The U.S. Supreme Court, in a 5-4 decision, ruled that “when minorities allege that statistics show they are victims of bias, employers only have the burden of producing evidence that there is a legitimate reason for apparently neutral racial practices." Justice Byron White wrote that "the plaintiff bears the burden of disproving an employer's assertion that the adverse employment action or practice was based solely on a legitimate neutral consideration." He also added that an absence of minorities in skilled jobs is not necessarily evidence of bias if the absence reflected "a dearth of qualified non-white applications for reasons that are not [the employer's] fault." In one of the dissenting opinions, Justice John Paul Stevens charged that the ruling retreated from eighteen years of court decisions "aimed at helping minorities victimized by discrimination that may be unintentional." The case came to the Supreme Court from Alaska where a lower court had ruled in favor of Filipinos, Alaska natives, and Asians who claimed that they had been discriminated against by the Wards Cove Packing Co. and Castle and Cooke, Inc., owners of Alaskan salmon canneries.
References:
- • Hornsby, Alton. Chronology of African-American History: Significant Events and People from 1619 to the Present. Detroit: Gale Research, 1995.