“It is, therefore, the duty of the courts to make sure that the [Title VII] works, and the intent of Congress is not [to be] hampered by a combination of a strict construction of the statute and a battle with semantics.”
How later courts described this case
- “It is, therefore, the duty of the courts to make sure that the [Title VII] works, and the intent of Congress is not [to be] hampered by a combination of a strict construction of the statute and a battle with semantics.”
- “It is, therefore, the duty of the courts to make sure that the Act works, and the intent of Congress is not hampered by a combination of a strict construction of the statute and a battle with semantics.”
- District court must insure that the intent of Congress in enacting Title VII is not hampered by limited remedies
- employer’s failure to award a job to a single black employee held not to be continuing violation
Written by the judges who cited it.
The opinion
COLEMAN, Circuit Judge
(concurring).
I agree that the statute of limitations here in issue is tolled “once an employee invokes his contactual grievance remedies in a constructive effort to seek a ‘private settlement of his complaint.’ ” In this connection I would emphasize the presence of the word “constructive”. I also agree that the District Court could grant appropriate relief preliminarily. Therefore, as to the merits of this litigation, the opinion is unanimous.
I feel constrained to say, however, that I respectfully disagree with the statement appearing at Page 4 of the opinion that it is “the duty of the courts to make sure the Act works”. In the interpretation of statutes the courts are required to give due consideration to the intent of Congress, and not to frustrate that intent. In my view it is never the duty or the concern of the courts “to make sure the Act works”. Under our Constitutionally ordained form of government, whether an Act works or fails is the concern of the Executive or of the Legislature, or both — not the courts. I, therefore, agree to the interpretations herein given because I think they are legally correct, not because there is any judicial duty to rescue an Act of Congress from some lack of utility which Congress, if it so desires, has the clear power to correct.