Harvey v. United Transportation Union

LOGAN, Circuit Judge.

This appeal requires us to reexamine the bona fides of a seniority system previously addressed in Sears v. Atchison, T & S.F. Ry., 454 F.Supp. 158 (D.Kan.1978) (Sears I), aff'd in part and rev’d in part, 645 F.2d 1365 (10th Cir.1981) (Sears II), cert. denied, 456 U.S. 964, 102 S.Ct. 2045, 72 L.Ed.2d 490 (1982). In Sears II, we held that the Atchison, Topeka & Santa Fe Railway Company’s (Santa Fe) seniority system violated Title VII of the Civil Rights Act of 1964 (Title VII or the Act), §§ 701-718, 42 U.S.C. § 2000e to 2000e-17, because it perpetuated the effects of…