United Air Lines, Inc. v. Evans, 431 U.S. 553 (1977)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Syllabus

Where respondent female flight attendant failed to file a timely claim against petitioner airline for violation of Title VII of the Civil Rights Act of 1964 when her employment was terminated in 1968 pursuant to a later invalidated policy because she got married, petitioner held not to commit a present, continuing violation of Title VII by refusing to credit respondent, after rehiring her in 1972, with pre-1972 seniority, absent any allegation that petitioner’s seniority system, which is neutral in its operation, discriminates against former female employees or victims of past discrimination. Franks v. Bowman Transportation Co., 424 U.S. 747, distinguished. Moreover, § 703(h) of Title VII, which provides that it shall not be an unlawful employment practice to apply different terms of employment pursuant to a bona fide seniority system if any disparity is not the result of intentional discrimination, bars respondent’s claim, absent any attack on the bona fides of petitioner’s seniority system or of any charge that the system is intentionally designed to discriminate because of race, color, religion, sex, or national origin. Pp. 557-560.

534 F.2d 1247, reversed.

STEVENS, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, WHITE, BLACKMUN, POWELL, and REHNQUIST, JJ., joined. MARSHALL, J., filed a dissenting opinion, in which BRENNAN, J., joined, post p. 560.