William Shea v. John Kerry

Opinion for the Court filed by Circuit Judge SRINIVASAN.

SRINIVASAN, Circuit Judge:

From 1990 to 1992, the State Department had in place a hiring plan aimed to increase racial diversity among the officer corps in the United States Foreign Service. William Shea, a white Foreign Service Officer, brings suit alleging that the hiring plan violated Title VII. Although Shea challenges a plan that ceased to exist over twenty years ago, he joined the Foreign Service during the two years the plan was in effect. He alleges that, because of the plan, he entered the Foreign Service at a lower level than…