Johnson v. Transportation Agency: Are We All Equal
Lonzo, Thomas J.
INTRODUCTION|In Johnson v. Transportation Agency, Santa Clara County, California, the United States Supreme Court once again considered the fate of one of the most "starkly divisive" issues present in our society-affirmative action. Johnson, however, added a peculiar twist which required the Court to decide whether a public employer could adopt an affirmative action plan which benefited women. The discrimination was challenged by a male employee solely on Title VII grounds. This case, one of first impression before the Supreme Court, found that the affirmative action plan was consistent with the statutory intent of Title VII.|This Note discusses the Johnson decision in light of past Supreme Court Title VII decisions as well as the Court's equal protection decisions. Specifically, this Note examines whether these precedents were correctly applied in this case and determines if Johnson should have been decided under the Court's equal protection analysis...
21 Creighton L. Rev. 333 (1987-1988)
Creighton University School of Law