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Johnson v. Transportation Agency, 480 U.S. 616 (1987), is the only United States Supreme Court case to address a sex-based affirmative action plan in the employment context. The case was brought by Paul Johnson, a male Santa Clara Transportation Agency employee, who was passed over for a promotion in favor of Diane Joyce, a female employee who Johnson argued was less qualified. The Court found that the plan did not violate the protection against discrimination on the basis of sex in Title VII of the Civil Rights Act of 1964.

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  • Johnson v. Transportation Agency (en)
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  • Johnson v. Transportation Agency, 480 U.S. 616 (1987), is the only United States Supreme Court case to address a sex-based affirmative action plan in the employment context. The case was brought by Paul Johnson, a male Santa Clara Transportation Agency employee, who was passed over for a promotion in favor of Diane Joyce, a female employee who Johnson argued was less qualified. The Court found that the plan did not violate the protection against discrimination on the basis of sex in Title VII of the Civil Rights Act of 1964. (en)
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  • (en)
  • Paul E. Johnson v. Transportation Agency, Santa Clara County, California, et al. (en)
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Dissent
  • White (en)
  • Scalia (en)
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  • Rehnquist, White (en)
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  • Marshall, Blackmun, Powell, Stevens (en)
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  • Certiorari to the United States Court of Appeals for the Ninth Circuit (en)
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  • Paul E. Johnson v. Transportation Agency, Santa Clara County, California, et al. (en)
Holding
  • The Court held that "[t]he Agency appropriately took into account Joyce's sex as one factor in determining that she should be promoted. The Agency's Plan represents a moderate, flexible, case-by-case approach to effecting a gradual improvement in the representation of minorities and women in the Agency's work force, and is fully consistent with Title VII." (en)
Litigants
  • Johnson v. Transportation Agency (en)
majority
  • Brennan (en)
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  • Johnson v. Transportation Agency, 480 U.S. 616 (1987), is the only United States Supreme Court case to address a sex-based affirmative action plan in the employment context. The case was brought by Paul Johnson, a male Santa Clara Transportation Agency employee, who was passed over for a promotion in favor of Diane Joyce, a female employee who Johnson argued was less qualified. The Court found that the plan did not violate the protection against discrimination on the basis of sex in Title VII of the Civil Rights Act of 1964. (en)
Concurrence
  • Stevens (en)
  • O'Connor (en)
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