Albemarle Paper Co. v. Moody

I agree with the Court’s opinion insofar as it holds that the availability of backpay is a matter which Title VII commits to the sound equitable discretion of the trial court. I cannot agree with the Court’s application of that principle in this case, or with its method of reviewing the District Court’s findings regarding Albemarle’s testing policy.

*450With respect to the backpay issue, it must be emphasized that Albemarle was not held liable for practicing overt racial discrimination. It is undisputed that it voluntarily discontinued such practices prior to the effective date of Title VII and…