PULLMAN-STANDARD V. SWINT
456 U.S. 273 (1982).
NATURE OF THE CASE: This was a review of an appellate court's reversal of a district
court judgment of intentional discrimination under the Civil Rights Act.
FACTS: Swint (P) sued Pullman-Standard (D), for a seniority system that discriminated on
the basis of race. The district court determined that there was no discriminatory intent on
the part of D. It held the alleged violations dealt with the company seniority system and
were not intentional violations. Under a civil rights action, discriminatory intent was a
necessary part of P's cause of action without which there was no case. P appealed. The court
of appeals found that there was discriminatory intent and reversed. D appealed. Fed. R. Civ.
P. 52(a) provides that a district court's factual determinations are not to be disturbed
unless they are clearly erroneous.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment