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Green v. Missouri Pacific Railroad, Co.

523 F.2d 1290 (1975)

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Green v. Missouri Pacific Railroad, Co.

United States Court of Appeals for the Eighth Circuit
523 F.2d 1290 (1975)

Facts

The Missouri Pacific Railroad Company (the railroad) (defendant) had a policy of refusing to hire any applicant convicted of a crime other than minor traffic offenses. In September 1970, Buck Green (plaintiff), who was Black, applied for a job at the railroad office in St. Louis. The railroad rejected Green because he had been convicted of refusing military service in 1967. Between 1971 and 1973, 5.3 percent of Black applicants and 2.23 percent of White applicants were denied employment by the railroad because of convictions. In other words, Black applicants were rejected under the policy at a rate 2.5 times that of White applicants. Green sued the railroad pursuant to Title VII of the Civil Rights Act of 1964 under a disparate-impact theory. The district court denied Green relief, and Green appealed.

Rule of Law

Issue

Holding and Reasoning (Bright, J.)

Dissent (Gibson, J.)

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