Albemarle Paper Co. v. Moody

I agree with the opinion of the Court. I write today only to make the following observations about the proceedings in the District Court on remand relative to the backpay issue.

As the Court affirms, there is no legal bar to raising a claim for backpay under Title VII at any time in the proceedings, even “indeed after a trial on [the] complaint [for injunctive relief] has been had.” Ante, at 424. Furthermore, only the most unusual circumstances would constitute an equitable barrier to the award of make-whole relief where liability is otherwise established. The bar of laches, predicated on the…