Elmer Britton v. South Bend Community School Corporation

CUDAHY, Circuit Judge.

This is a “reverse discrimination” case in which we are required to determine whether a clause in a collective bargaining agreement between a teachers’ union and a school district that prohibits layoffs of “minority” teachers, and layoffs of white teachers pursuant to that clause, violate either the Equal Protection Clause of the Fourteenth Amendment or Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Although the district court relied on its earlier decision in Janowiak v. Corporate City of South Bend, 576 F.Supp. 1461 (N.D.Ind.1983), rev’d, 750 F.2d…