Walter J. Lander v. Manuel Lujan, Secretary, U.S. Department of the Interior

While I concur in the court’s opinion, I write separately to underscore my view that bumping can be a problematic remedy in Title VII cases, to the extent that someone other than the wrongdoing employer is made to pay for the employer’s violation. Unlike an employee hired to replace a striker, a person situated as was the incumbent in this case may lack notice that another lays claim to the job. For that reason, the “rightful place” approach, when it is coupled with a “front pay” award, is sometimes the more appropriate remedy. Under this approach, which has been used routinely for lower- or…