Constitutional Law - Title VII - United States Supreme Court Rules Alien Discrimination Not Violative of Civil Rights Act - Espinoza v. Farah Manufacturing Co., 414 U.S. 86 (1973)
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Authors
Sheehan, Mary A.
Issue Date
1974
Volume
7
Issue
Type
Journal Article
Language
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Abstract
INTRODUCTION|In Espinoza v. Farah Manufacturing Co. the United States Supreme Court held that a private employer's refusal to hire aliens is not prohibited by the ban on national origin discrimination in Title VII of the Civil Rights Act of 1964. In the context of the Espinoza decision the word "alien" referred to a foreign-born individual who is not a citizen of the United States. The word "citizen" referred to any citizen of the United States, without differentiation between citizens of the individual states. The holding in Espinoza represented a curious departure from the great solicitude the Court had shown toward non-citizens in recent years. When confronted by instances of discriminatory action, the Court had significantly expanded its protection of alien rights under the fourteenth amendment. Espinoza presented the Court with a challenge to alienage discrimination in private employment based on the statutory provisions of Title VII. In construing the scope of the statute, the Court examined congressional intent and concluded that alienage discrimination was not meant to be proscribed. Since the Court's interpretation of legislative intent was the foundation for its ruling, an analysis of that interpretation is warranted. Such an investigation raises serious questions as to the soundness of the Court's rationale...
Description
Citation
7 Creighton L. Rev. 646 (1973-1974)
Publisher
Creighton University School of Law