109 S. Ct. 2115; 104 L. Ed. 2d 733; 1989 U.S. LEXIS 2794; 57 U.S.L.W. 4583; 49 Fair Empl. Prac. Cas. (BNA) 1519; 50 Empl. Prac. Dec. (CCH) ¶ 39,021
Case history
Prior
Reversed and remanded, 827 F.2d 439. Certiorari to the United States Court of Appeal for the Ninth Circuit, granted
Subsequent
827 F.2d 439, reversed and remanded.
Holding
To determine whether a disparate-impact case exists, compare racial composition of the at-issue jobs and the racial composition of the qualified population in the relevant labor market.
A group of nonwhite cannery workers including Frank Atonio filed suit in District Court citing Title VII of the Civil Rights Act of 1964 complaining that the Wards Cove Packing Company, a company that operated several Alaskan salmoncanneries, was using discriminatory hiring practices that resulted in a large number of the skilled permanent jobs that mostly did not involve working in a cannery (referred to as "noncannery" positions) to be filled by white workers, and a large number of the unskilled seasonal cannery jobs to be filled by local nonwhite workers. In this case the nonwhite workers were predominantly native Alaskans and Filipinos (Alaskeros).
Judgments
The District Court found in favor of the company.
The workers appealed to the United States Court of Appeals for the Ninth Circuit, which reversed the District Court decision, stating the workers had made a prima facie case of disparate impact. The decision was based on statistics provided by the workers that showed a high percentage of nonwhite workers in the cannery jobs and a low percentage of the skilled noncannery jobs filled by nonwhite workers. The court also ruled that if a substantial difference in the racial composition of the available population and the composition of the positions was found, it was up to the claimants to prove that this was due to discriminatory hiring practices.[1]
The company then appealed the Court of Appeals' ruling to the United States Supreme Court. The Supreme Court determined that the Court of Appeals had erred by using inappropriate statistics and comparison. The majority determined that the proper comparison was to compare the percentage of nonwhite workers in noncannery jobs with the percentage of the available labor pool that were nonwhite and who had the appropriate skills to perform the noncannery jobs.
The Supreme Court remanded the case back to the Court of Appeals with instructions to use the more appropriate comparison. Further if, on remand, the Respondents did establish a prima facie disparate-impact case, the Petitioners would then need to "produce evidence of a legitimate business justification" for the hiring practices that created the disparity.
Significance
Soon after the decision, Congress amended Title VII with the Civil Rights Act of 1991 to counter the Supreme Court's holding in Ward's Cove, thereby nullifying the case's precedent. Section 3 of the Act reads:
The purposes of this Act are-
to provide appropriate remedies for intentional discrimination and unlawful harassment in the workplace;
to codify the concepts of "business necessity" and "job related" enunciated by the Supreme Court in Griggs v. Duke Power Co., 401 U.S. 424 (1971), and in the other Supreme Court decisions prior to Wards Cove Packing Co. v. Atonio, 490 U.S. 642 (1989);
to confirm statutory authority and provide statutory guidelines for the adjudication of disparate impact suits under title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.); and
to respond to recent decisions of the Supreme Court by expanding the scope of relevant civil rights statutes in order to provide adequate protection to victims of discrimination.[2]
^U.S. Government Publishing Office, Civil Rights Act of 1991, section 3, accessed 18 August 2023
External links
Works related to Wards Cove Packing Company Inc v. Atonio at Wikisource
Text of Wards Cove Packing Co. v. Atonio, 490U.S. 642 (1989) is available from:CornellCourtListenerFindlawGoogle ScholarJustiaLibrary of CongressOyez (oral argument audio)
Archives
Cannery Workers and Farm Laborers Union Local 7 records. 1915-1985. 46.31 cubic feet.
New England Fish Company Records circa 243.81 cubic feet (252 boxes).
Tyree Scott Papers . circa 1970-1995. 73.00 cubic feet. (73 boxes).
August 23, 2023
wards, cove, packing, atonio, 1989, court, case, concerning, employment, discrimination, argued, before, united, states, supreme, court, january, 1989, decided, june, 1989, ward, cove, packing, atoniosupreme, court, united, statesargued, january, 1989decided, . Wards Cove Packing Co v Atonio 490 U S 642 1989 was a court case concerning employment discrimination argued before the United States Supreme Court on January 18 1989 and decided on June 5 1989 Ward s Cove Packing Co v AtonioSupreme Court of the United StatesArgued January 18 1989Decided June 5 1989Full case nameWards Cove Packing Company Incorporated et al v Atonio et al Citations490 U S 642 more 109 S Ct 2115 104 L Ed 2d 733 1989 U S LEXIS 2794 57 U S L W 4583 49 Fair Empl Prac Cas BNA 1519 50 Empl Prac Dec CCH 39 021Case historyPriorReversed and remanded 827 F 2d 439 Certiorari to the United States Court of Appeal for the Ninth Circuit grantedSubsequent827 F 2d 439 reversed and remanded HoldingTo determine whether a disparate impact case exists compare racial composition of the at issue jobs and the racial composition of the qualified population in the relevant labor market Court membershipChief Justice William Rehnquist Associate Justices William J Brennan Jr Byron WhiteThurgood Marshall Harry BlackmunJohn P Stevens Sandra Day O ConnorAntonin Scalia Anthony KennedyCase opinionsMajorityWhite joined by Rehnquist O Connor Scalia KennedyDissentBlackmun joined by Brennan MarshallDissentStevens joined by Brennan Marshall BlackmunLaws appliedTitle VII of the Civil Rights Act of 1964Wikisource has original text related to this article Wards Cove Packing Company Inc v Atonio Contents 1 Facts 2 Judgments 3 Significance 4 See also 5 References 6 External links 7 ArchivesFacts EditSee also Cannery Workers and Farm Laborers Union Local 7 A group of nonwhite cannery workers including Frank Atonio filed suit in District Court citing Title VII of the Civil Rights Act of 1964 complaining that the Wards Cove Packing Company a company that operated several Alaskan salmon canneries was using discriminatory hiring practices that resulted in a large number of the skilled permanent jobs that mostly did not involve working in a cannery referred to as noncannery positions to be filled by white workers and a large number of the unskilled seasonal cannery jobs to be filled by local nonwhite workers In this case the nonwhite workers were predominantly native Alaskans and Filipinos Alaskeros Judgments EditThe District Court found in favor of the company The workers appealed to the United States Court of Appeals for the Ninth Circuit which reversed the District Court decision stating the workers had made a prima facie case of disparate impact The decision was based on statistics provided by the workers that showed a high percentage of nonwhite workers in the cannery jobs and a low percentage of the skilled noncannery jobs filled by nonwhite workers The court also ruled that if a substantial difference in the racial composition of the available population and the composition of the positions was found it was up to the claimants to prove that this was due to discriminatory hiring practices 1 The company then appealed the Court of Appeals ruling to the United States Supreme Court The Supreme Court determined that the Court of Appeals had erred by using inappropriate statistics and comparison The majority determined that the proper comparison was to compare the percentage of nonwhite workers in noncannery jobs with the percentage of the available labor pool that were nonwhite and who had the appropriate skills to perform the noncannery jobs The Supreme Court remanded the case back to the Court of Appeals with instructions to use the more appropriate comparison Further if on remand the Respondents did establish a prima facie disparate impact case the Petitioners would then need to produce evidence of a legitimate business justification for the hiring practices that created the disparity Significance EditSoon after the decision Congress amended Title VII with the Civil Rights Act of 1991 to counter the Supreme Court s holding in Ward s Cove thereby nullifying the case s precedent Section 3 of the Act reads The purposes of this Act are to provide appropriate remedies for intentional discrimination and unlawful harassment in the workplace to codify the concepts of business necessity and job related enunciated by the Supreme Court in Griggs v Duke Power Co 401 U S 424 1971 and in the other Supreme Court decisions prior to Wards Cove Packing Co v Atonio 490 U S 642 1989 to confirm statutory authority and provide statutory guidelines for the adjudication of disparate impact suits under title VII of the Civil Rights Act of 1964 42 U S C 2000e et seq and to respond to recent decisions of the Supreme Court by expanding the scope of relevant civil rights statutes in order to provide adequate protection to victims of discrimination 2 See also EditList of United States Supreme Court cases volume 490 List of United States Supreme Court cases Lists of United States Supreme Court cases by volume List of United States Supreme Court cases by the Rehnquist Court Hazelwood School Dist v United States Texas Dept of Community Affairs v BurdineReferences Edit https www oyez org cases 1988 87 1387 bare URL U S Government Publishing Office Civil Rights Act of 1991 section 3 accessed 18 August 2023External links Edit Works related to Wards Cove Packing Company Inc v Atonio at Wikisource Text of Wards Cove Packing Co v Atonio 490 U S 642 1989 is available from Cornell CourtListener Findlaw Google Scholar Justia Library of Congress Oyez oral argument audio Archives EditCannery Workers and Farm Laborers Union Local 7 records 1915 1985 46 31 cubic feet Cindy Domingo Papers 1978 2010 27 9 cubic feet 28 boxes Silme Domingo Papers 1952 1992 1 cubic foot 1 box New England Fish Company Records circa 243 81 cubic feet 252 boxes Tyree Scott Papers circa 1970 1995 73 00 cubic feet 73 boxes Retrieved from https en wikipedia org w index php title Wards Cove Packing Co v Atonio amp oldid 1170950058, wikipedia, wiki, book, books, library,
