From our private database of 28,700+ case briefs...
Local 28, Sheet Metal Workers’ International Association v. Equal Employment Opportunity Commission
United States Supreme Court
478 U.S. 421, 106 S. Ct. 3019, 92 L. Ed. 2d 344 (1986)
For years, Local 28 of the Sheet Metal Workers’ International Association labor union (the union) (defendant) engaged in discriminatory practices that excluded non-White workers from union membership. By July 1, 1974, only 3.19 percent of the union’s membership was non-White. In a suit by the Equal Employment Opportunity Commission, New York City, and New York State (plaintiffs), a federal district court found that the union had violated Title VII of the Civil Rights Act of 1964 (Title VII) and New York law. The court ultimately adopted an affirmative-action program with the goal that the union would reach 29 percent non-White membership by 1982. In 1982 and 1983, the court found the union in civil contempt for violating the affirmative-action plan. The court established a temporary employment, training, education, and recruitment fund (the fund) to be used to increase the number of non-White applicants to the union. The court also revised the membership goal to 29.23 percent non-White membership by 1987 and ordered that one new non-White apprentice must be selected for each new White apprentice. The court provided that the preferential-selection measures would terminate once the percentage of non-White union members approximated the percentage of non-White workers in the local labor force. The appellate court affirmed the district court’s contempt findings and the fund order but set aside the requirement that one non-White apprentice be selected for every White apprentice and instead allowed the union to implement its own nondiscriminatory apprentice-selection procedures. The union petitioned the United States Supreme Court for certiorari, arguing that the lower courts’ orders and membership goal required the union to give membership preferences to non-White applicants in violation of § 706(g) of Title VII. The union argued that under § 706(g), preferential treatment could be given only to actual victims of unlawful discrimination.
Rule of Law
Holding and Reasoning (Brennan, J.)
Concurrence (Powell, J.)
Concurrence/Dissent (O’Connor, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 546,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 546,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 28,700 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.