Civil Rights - Title VII - 42U.S.C. 1981 - Discrimination in Employment - Applicability to Whites
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CIVIL RIGHTS-TITLE VII- 42 U.S.C. § 1981-DISCRIMINATION IN
EMPLOYMENT-APPLICABILITY TO WHITES-The United States Su-
preme Court has held that Title VII of the Civil Rights Act of 1964
bars racial discrimination against white persons in private employ-
ment upon the same standards as nonwhites and that section 1981
of the Civil Rights Act of 1866 provides a federal remedy against
private discrimination in employment against whites as well as non-
whites.
McDonald v. Santa Fe Trail Transportation Co., 427 U.S. 273
(1976).
In 1970, petitioners L.N. McDonald and Raymond L. Laird, both
white, and Charles Jackson, a black, all employees of Santa Fe Trail
Transportation Company (Santa Fe), were jointly and severally
charged with misappropriating cargo from one of Santa Fe's ship-
ments. Petitioners were subsequently fired by Santa Fe, but the
black employee was retained.' After receiving no redress through
their union's grievance procedures, the petitioners filed complaints
with the Equal Employment Opportunity Commission (EEOC)
charging that the respondents violated Title VII of the Civil Rights
Act of 1964 by discharging them because of their race. The EEOC
1. McDonald v. Santa Fe Trail Transp. Co., 427 U.S. 273 (1976).
2. Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-15 (1970), as
amended by The Equal Employment Opportunity Act of 1972, 42 U.S.C. §§ 2000e to. 2000e-
15 (Supp. IV 1974) [hereinafter referred to as Title VII or the Act], declares it unlawful for
an employer to fail or refuse to hire or to discharge any individual, or otherwise to discrimi-
nate against any individual with respect to his compensation, terms, conditions, or privileges
of employment, because of such individual's race, color, religion, sex, or national origin. Id.
§ 2000e-2(a).
The Equal Employment Opportunity Commission (EEOC) is charged with the administra-
tion of the Act. Id. § 2000e-4(a). An aggrieved individual may file charges with the EEOC or
a member of the Commission may file the charges. If the EEOC determines there is no
reasonable cause to believe the charge is true, it can dismiss the complaint. If reasonable
cause is found, the Commission must endeavor to eliminate any such alleged unlawful
employment practice by informal methods of conference, conciliation, and persuasion. Id.
§ 2000e-5(a), (b). For a general discussion of EEOC procedures see Sape & Hart, Title VII
Reconsidered: The Equal Employment Opportunity Act of 1972, 40 GEO. WAsH. L. Rxv. 824
(1972); Developments in the Law-Employment Discrimination and Title VII of the Civil
Rights Act of 1964, 84 HARV. L. REV. 1109, 1195-1275 (1971) [hereinafter cited as Develop-
ments].](ViewImageLocal?handle=hein.journals/duqu15&div=36&collection=&method=preview&ext=.png&size=3)
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Civil Rights - Title VII - 42U.S.C. 1981 - Discrimination in Employment - Applicability to Whites
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