Association of Mexican-American Educators v. California

I

I concur in Parts II, III, and IV of the majority’s opinion, and in the judgment. I write separately, however, to dissent from Part I and to express my view to the contrary that Title VII does not apply to the CBEST. The majority extends the reach of Title VII far beyond what Congress intended and in so doing creates potential mischief for all of our states.2

II

Section 703(a)(1) of Title VII provides, in relevant part:(a) It shall be an unlawful employment practice for an employer-(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual…