Legal Opinion · Dissent
Cooper Tire & Rubber Co. v. National Labor Relations Board
Court of Appeals for the Eighth Circuit
Decided August 8, 2017No. 16-2721, 16-2944Published
1DissentBeam, Circuit Judge
No employer in America is or can be required to employ a racial bigot. Indeed, as amicus curae National Association of Manufacturers aptly points out, the court’s requiring of the petitioner to do so here, “is tantamount to requiring that Cooper Tire violate federal anti-discrimination and hdrassment- laws, including Title VII and [42 U.S.C. § ] 1981, as well as numerous other similar state and local laws.”
For example, the Supreme Court has stated “[t]he phrase, ’terms, conditions or privileges of employment’ in [Title VII] is an expansive concept which sweeps within its protective ambit the…
2Cases cited11 opinions
- Meritor Savings Bank, FSB v. VinsonSupreme Court of the United States · 1986
- Magwood v. PattersonSupreme Court of the United States · 2010
- Henson v. Santander Consumer USA Inc.Supreme Court of the United States · 2017
- American Ship Building Co. v. National Labor Relations BoardSupreme Court of the United States · 1965
- Dr. N. Jay ROGERS Et Al., Petitioners-Appellees, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Respondent-AppellantCourt of Appeals for the Fifth Circuit · 1972
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