Togo D. West, JR., Secretary of Veterans Affairs v. Michael Gibson (527 U.S. 212)
U.S. Supreme Court · decided June 14, 1999 · Supreme Court Database (Spaeth)
- Citation
- 527 U.S. 212 · 119 S. Ct. 1906
- Decided
- June 14, 1999
- Term
- October Term 1998
- Vote
- 5–4
- Majority author
- Justice Breyer
- Issue area
- Civil Rights
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice Breyer delivered the opinion of the Court. The question in this ease is whether the Equal Employment Opportunity Commission (EEOC) possesses the legal authority to require federal agencies to pay compensatory damages when they discriminate in employment in violation of Title VII of the Civil Rights Act of 1964, 84 Stat. 121, 42 U. S. C. § 2000e et seq. We conclude that the EEOC does have that authority. I A Title VII of the Civil Rights Act of 1964 forbids employment discrimination. In 1972 Congress extended Title VII so that it applies not only to employment in the private sector, but to employment in the Federal Government as well. See Equal Employment Opportunity Act of 1972, 86 Stat. Ill, 42 U. S. C. §2000e-16. This 1972 Title VII extension, found in §717 of Title VII, has three relevant subsections. The first subsection, § 717(a), sets forth the basic Federal Government employment antidiscrimination standard. It says that “[a]ll personnel actions affecting employees or applicants for employment [of specified Government agencies and departments] shall be made free from any discrimination based on race, color, religion, sex, or national origin.” 42 U. S. C. § 2000e-16(a). The second subsection, § 717(b), provides the EEOC with the power to enforce the standard. It says (among other things) that “the Equal Employment Opportunity Commission shall have authority to…
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