American Tobacco Co. et al. v. Patterson et al. (456 U.S. 63)
U.S. Supreme Court · decided April 5, 1982 · Supreme Court Database (Spaeth)
- Citation
- 456 U.S. 63 · 102 S. Ct. 1534
- Decided
- April 5, 1982
- Term
- October Term 1981
- Vote
- 5–4
- Majority author
- Justice White
- Issue area
- Civil Rights
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice White delivered the opinion of the Court. Under Griggs v. Duke Power Co., 401 U. S. 424 (1971), a prima facie violation of Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U. S. C. §2000e et seq. (1976 ed. and Supp. IV), “may be established by policies or practices that are neutral on their face and in intent but that nonetheless discriminate in effect against a particular group.” Teamsters v. United States, 431 U. S. 324, 349 (1977). A seniority system “would seem to fall under the Griggs rationale” if it were not for § 703(h) of the Civil Rights Act. Ibid. That section, as set forth in 42 U. S. C. § 2000e-2(h), provides in pertinent part: “Notwithstanding any other provision of this sub-chapter, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, . . . provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color,…
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