Facts of the Case
The Transportation Agency, Santa Clara, California promoted Diane Joyce to road dispatcher over Paul Johnson. Both candidates were qualified for the job. As an affirmative action employer, the Agency took into account the sex of the applicants in making the promotion decision.
Questions
Did the Agency impermissibly take into account the sex of the applicants in the promotion process and violate Title VII of the Civil Rights Act of 1964?
Conclusions
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The Court affirmed the promotion procedures of the Agency. Justice Brennan argued that it was not unreasonable to consider sex as one factor among many in making promotion decisions, and that the Agency's actions did not create an absolute barrier to the advancement of men (a quota system did not exist).
Negative Legislation
Federalist Society Review, Volume 22
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Unleashed and Unbound: Living Textualism in Bostock v. Clayton County
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Executive Order 13583: Establishing a Coordinated Government-Wide Initiative to Promote Diversity
Engage Volume 14, Issue 2 July 2013
Note from the Editor: This article is about Executive Order (EO) 13583—Establishing a Coordinated Government-Wide...
