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Johnson v. Transportation Agency

Case Date: 11/12/1986
Docket No: none

Facts of the Case 

The Transportation Agency, Santa Clara, California promoted Diane Joyce to road dispatcher over Paul Johnson. Both candidates were qualified for the job. As an affirmative action employer, the Agency took into account the sex of the applicants in making the promotion decision.

Question 

Did the Agency impermissibly take into account the sex of the applicants in the promotion process and violate Title VII of the Civil Rights Act of 1964?

Argument Johnson v. Transportation Agency - Oral ArgumentFull Transcript Text  Download MP3Johnson v. Transportation Agency - Opinion AnnouncementFull Transcript Text  Download MP3 Conclusion  Decision: 6 votes for Transportation Agency, 3 vote(s) against Legal provision: Civil Rights Act of 1964, Title VII

The Court affirmed the promotion procedures of the Agency. Justice Brennan argued that it was not unreasonable to consider sex as one factor among many in making promotion decisions, and that the Agency's actions did not create an absolute barrier to the advancement of men (a quota system did not exist).