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Legislation and Regulation Keyed to Eskridge, 1st Ed.
Johnson v. Transportation Agency of Santa Clara County
Citation:
480 U.S. 616, 107 S. Ct. 1442, 94 L. Ed. 2D 613 (1987)Facts
The Transportation Agency of Santa Clara County adopted an Affirmative Action Plan in December 1978 after recognizing significant underrepresentation of women in various job categories. At the time, women constituted 36.4% of the area labor market but only 22.4% of Agency employees, with not a single woman among the Agency’s 238 Skilled Craft Workers. The Plan authorized consideration of sex as one factor in making promotions to positions within traditionally segregated job categories. In December 1979, the Agency announced a vacancy for a road dispatcher position, classified as a Skilled Craft position. Twelve employees applied, including Diane Joyce and Paul Johnson. After interviews, Johnson scored 75 and Joyce scored 73. A second interview panel recommended Johnson for the position, but the Agency’s Affirmative Action Coordinator recommended Joyce. The Agency Director, James Graebner, ultimately selected Joyce, considering various factors including qualifications, test scores, experience, background, and affirmative action concerns. Johnson sued, claiming sex discrimination under Title VII.
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