Wygant v. Jackson Board of Education

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Wygant v. Jackson Board of Education
Seal of the United States Supreme Court.svg
Argued November 6, 1985
Decided May 19, 1986
Full case nameWendy Wygant, et al. v. Jackson Board of Education, et al.
Citations476 U.S. 267 ( more )
106 S. Ct. 1842; 90 L. Ed. 2d 260; 1986 U.S. LEXIS 157; 54 U.S.L.W. 4479; 40 Fair Empl. Prac. Cas. (BNA) 1321; 40 Empl. Prac. Dec. (CCH) ¶ 36,106
Argument Oral argument
Case history
Prior546 F. Supp. 1195 (E.D. Mich. 1982); affirmed, 746 F.2d 1152 (6th Cir. 1984); cert. granted, 471 U.S. 1014(1985).
Holding
The layoff policy is unconstitutional.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr.  · Byron White
Thurgood Marshall  · Harry Blackmun
Lewis F. Powell Jr.  · William Rehnquist
John P. Stevens  · Sandra Day O'Connor
Case opinions
PluralityPowell, joined by Burger, Rehnquist; O'Connor (all but part IV)
ConcurrenceWhite
ConcurrenceO'Connor
DissentMarshall, joined by Brennan, Blackmun
DissentStevens
Laws applied
U.S. Const. amend. XIV
Title VII of the Civil Rights Act of 1964

Wygant v. Jackson Board of Education, 476 U.S. 267 (1986), was a case before the United States Supreme Court. It is the seminal case for the "strong-basis-in-evidence standard" for affirmative action programs. [1]

Supreme Court of the United States Highest court in the United States

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a narrow range of cases, including suits between two or more states and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. Executive acts can be struck down by the Court for violating either the Constitution or federal law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but it has ruled that it does not have power to decide non-justiciable political questions.

In United States law, City of Richmond v. J.A. Croson Co. (1989) established the basic principle that a governmental actor must provide a strong basis in evidence for its conclusion that remedial action is necessary.

Affirmative action in the United States is a set of laws, policies, guidelines and administrative practices "intended to end and correct the effects of a specific form of discrimination" that include government-mandated, government-sanctioned and voluntary private programs. The programs tend to focus on access to education and employment, granting special consideration to historically excluded groups, specifically racial minorities or women. The impetus toward affirmative action is redressing the disadvantages associated with past and present discrimination. Further impetus is a desire to ensure public institutions, such as universities, hospitals, and police forces, are more representative of the populations they serve.

Contents

Background

In response to racial tension in a community and its schools, the Board of Education and the teachers union in Jackson, Michigan added a "layoff provision" to their collective bargaining agreement; it required that in the event of layoffs, "teachers with the most seniority ... shall be retained, except that at no time will there be a greater percentage of minority personnel laid off than the current percentage of minority personnel employed at the time of the layoff." This provision was designed to preserve the effects of a hiring policy whose goal had been to increase the percentage of minority teachers in the school system. When layoffs became necessary, the board adhered to the provision, with the result that certain nonminority teachers were laid off while minority teachers with less seniority were retained.

Board of education board of directors, board of trustees of a school, local school district or equivalent

A board of education, school committee or school board is the board of directors, board of trustees of a school, local school district or equivalent.

A trade union is an association of workers forming a legal unit or legal personhood, usually called a "bargaining unit", which acts as bargaining agent and legal representative for a unit of employees in all matters of law or right arising from or in the administration of a collective agreement. Labour unions typically fund the formal organization, head office, and legal team functions of the labour union through regular fees or union dues. The delegate staff of the labour union representation in the workforce are made up of workplace volunteers who are appointed by members in democratic elections.

Jackson, Michigan City in Michigan, United States

Jackson is a city in the south central area of the U.S. state of Michigan, about 40 miles (64 km) west of Ann Arbor and 35 miles (56 km) south of Lansing. It is the county seat of Jackson County. As of the 2010 census, the city population was 33,534, down from 36,316 at the 2000 census. Served by Interstate 94, it is the principal city of the Jackson Metropolitan Statistical Area, which includes Jackson County and has a population of 160,248.

Procedural history

The displaced nonminority teachers sued in federal court, alleging violation of the equal protection clause of the Fourteenth Amendment. The District Court dismissed the teachers' claims, holding that the racial preferences were permissible as an attempt to remedy societal discrimination by providing role models for minority schoolchildren. The United States Court of Appeals for the Sixth Circuit affirmed on similar grounds.

Fourteenth Amendment to the United States Constitution which grants citizenship to everyone born in the U.S. and subject to its jurisdiction and protects civil and political liberties

The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Arguably one of the most consequential amendments to this day, the amendment addresses citizenship rights and equal protection of the laws and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark decisions such as Brown v. Board of Education (1954) regarding racial segregation, Roe v. Wade (1973) regarding abortion, Bush v. Gore (2000) regarding the 2000 presidential election, and Obergefell v. Hodges (2015) regarding same-sex marriage. The amendment limits the actions of all state and local officials, including those acting on behalf of such an official.

Decision

The United States Supreme Court reversed. Although unable to agree on an opinion, five members of the court agreed that the layoffs were in violation of the equal protection clause. It was also agreed by five members of the court that the equal protection clause does not require a public employer's voluntary affirmative action plan to be preceded by a formal finding that the employer has committed discriminatory acts in the past. [1]

Judgment of the court

Justice Powell announced the judgment of the court. He expressed the view that

(1) any governmental classification or preference based on racial or ethnic criteria must be justified by a compelling governmental interest, and the means chosen by the government to effectuate its purpose must be narrowly tailored to the achievement of that goal
(2) such means are subject to strict scrutiny and must be tested by a standard more stringent than reasonableness
(3) a school board's interest in providing minority faculty role models for its minority students in an attempt to alleviate the effects of societal discrimination is insufficient to justify racially discriminatory practices in the hiring and layoff of teachers
(4) a public employer like the Board must ensure that, before it embarks on an affirmative-action program, it has convincing evidence that remedial action is warranted. That is, it must have sufficient evidence to justify the conclusion that there has been prior discrimination" [2]
(5) the existence of societal discrimination, without more, is too amorphous a basis for imposing a racially classified legal remedy [2]
(6) in order to remedy the effects of prior racial discrimination, a state may implement a race-based plan under which innocent parties are called upon to bear some of the burden, provided that their share of the burden is relatively light and diffused among society generally
(7) the fact that a race-based layoff plan has been approved by the more senior members of a labor union does not operate to waive the constitutional rights of the most junior nonminority members, who would bear the entire burden of the plan
(8) although the equal protection clause does not require layoffs to be based on strict seniority, it does require the state to meet a heavy burden of justification when it implements a layoff plan based on race
(9) this burden is not met where the plan is not sufficiently narrowly tailored to accomplish otherwise legitimate purposes, and where less intrusive means, such as the adoption of hiring goals, are available to accomplish similar purposes

Concurring in part and in the judgment

Justice O'Connor stated that the layoff provision was not narrowly tailored to achieve its asserted purpose, on the ground that it was designed to safeguard a hiring goal that was tied to the percentage of minority students in the school district, not to the percentage of qualified minority teachers within the labor pool, and that such a hiring goal itself had no relation to the remedying of employment discrimination.

Sandra Day OConnor Former Associate Justice of the Supreme Court of the United States

Sandra Day O'Connor is a retired Associate Justice of the Supreme Court of the United States, who served from her appointment in 1981 by President Ronald Reagan until her retirement in 2006. She was the first woman to serve on the Court.

Concurring in the judgment

Justice White expressed the view that none of the interests asserted by the board, singly or together, justified the racially discriminatory layoff policy where none of the retained minority teachers was shown to be a victim of any racial discrimination, and that the layoff policy had the same impermissible effect as one that would integrate a work force by discharging whites and hiring blacks until the latter comprised a suitable percentage.

Dissents

Justice Marshall expressed the view

(1) that the case should have been remanded for further findings of fact as to whether the board's remedial action was warranted
(2) that under the apparent circumstances of the case, the state purpose of preserving the integrity of a hiring policy which sought to achieve diversity and stability for the benefit of all students was sufficient to satisfy the demands of the Constitution
(3) that the layoff provision was a permissible means of achieving this purpose because it allocated the impact of an unavoidable burden, necessitated by external economic conditions, proportionately between two racial groups, and was arrived at through the process of collective bargaining

Justice Stevens expressed the view that

(1) the decision to include more minority teachers in the school system served the valid public purpose of seeking multiethnic representation on the faculty, regardless of whether the board of education was guilty of past racial discrimination
(2) the policy was adopted with fair procedures and given a narrow breadth
(3) it transcended the harm to laid-off nonminority teachers

Analysis

Given the lack of a majority in Wygant, commentators have paired Justice Powell's plurality with Justice O'Connor's concurrence to find three potential conclusions of the case: [3]

(1) employers need not evidence prior discrimination rising to the level of a constitutional or statutory violation before implementing voluntary affirmative action programs
(2) evidence of prior discrimination rising to the level of a prima facie statutory violation will provide a "sufficient basis" for implementing remedial programs
(3) statistical evidence of minority underrepresentation in an employer's ranks is highly relevant to a finding of remedial need

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