EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. ATLAS PAPER BOX COMPANY, Defendant-Appellee

I concur with my distinguished colleagues, who have concluded that this cause should be reversed. However, it is my belief that a remand is inappropriate under the circumstances of this case. Moreover, I believe that the trial record mandates a much broader review and critical analysis of the Appellee’s hiring practices and testing procedures than that which has been provided in the prevailing opinion.

I

On January 30, 1987, the trial court rejected a contention by the Equal Employment Opportunity Commission (EEOC) that the Atlas Paper Box Company (Atlas) was guilty of racial discrimination in…