Croker v. Boeing Co.

GIBBONS, Circuit Judge, with whom Judges A. LEON HIGGINBOTHAM, Jr., and, SLOVITER join,

dissenting in part:

I join in Parts I, II, IV and V of the opinion of the court, but dissent from the holding in Part III that a plaintiff relying on 42 U.S.C. § 1981 must establish a racially discriminatory purpose by direct evidence rather than a racially disparate impact in order to make out a prima facie case. Judge Aldisert’s dissenting opinion makes the point that in interpreting an ambiguous statute judges should follow a “sound law” approach. It seems to me that the judges in the majority are doing…