The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Monday, March 1, 1976
Decision: Monday, June 7, 1976
Issues: Civil Rights, Employment Discrimination
Categories: discrimination, employment, equal protection, race, race discrimination

Advocates

Mark L. Evans (Argued the cause for the US Civil Service Commission as respondents under Rule 21 (4))
David P. Sutton (Argued the cause for the petitioners)
Richard B. Sobol (Argued the cause for the respondents Harley et al)

Facts of the Case

After the applications of two blacks were rejected by the District of Columbia Police Department, the two men filed suit against Mayor Walter E. Washington. The men alleged that the Department's recruiting procedures, including a written personnel test, discriminated against racial minorities. They claimed that the test was unrelated to job performance and excluded a disproportionate number of black applicants.

Question

Did the recruiting procedures violate the Equal Protection Clause of the Fourteenth Amendment?

Conclusion

In a 7-to-2 decision, the Court held that the procedures and written personnel test did not constitute racial discrimination under the Equal Protection Clause. The Court found that the Clause was designed to prevent official discrimination on the basis of race; laws or other official acts that had racially disproportionate impacts did not automatically become constitutional violations. The Court reasoned that the D.C. Police Department's procedures did not have discriminatory intent and were racially neutral measures of employment qualification.

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 7 votes for Washington, 2 vote(s) against
Legal Provision: Equal Protection
Wrote a dissent
Brennan
Voted with the minority, joined Brennan's dissent
Marshall
Wrote a regular concurrence
Stevens
Wrote the majority opinion
White
Voted with the majority
Stewart
Voted with the majority
Blackmun
Voted with the majority
Powell
Voted with the majority
Burger
Voted with the majority
Rehnquist
Full Opinion by Justice Byron R. White

Cite this page

The Oyez Project, Washington v. Davis, 426 U.S. 229 (1976),
available at: <http://www.oyez.org/cases/1970-1979/1975/1975_74_1492/>
(last visited ).