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Ensley Branch, N.A.A.C.P. Donald Nixon William Moss Alvin Mahaffey, Jr., Birmingham Fire Fighters Association 117 Birmingham Association of City Employees, Intervenors v. George Seibels, Individually and as Mayor of the City of Birmingham, John W. Martin Major Florence Ida McGruder Sam Coar, Birmingham Fire Fighters Association 117 Birmingham Association of City Employees Billy Gray, Intervenors v. City of Birmingham George C. Seibels, Jr. Mayor of Birmingham Jefferson County Personnel Board, United States of America, Birmingham Fire Fighters Association 117, Intervenors, Robert K. Wilks James A. Bennett Floyd E. Click James D. Morgan Joel Alan Day, Plaintiffs-Intervenors-Appellants v. Jefferson County, City of Birmingham and George G. Seibels

Citations: 31 F.3d 1548; 65 Empl. Prac. Dec. (CCH) 43,432; 1994 U.S. App. LEXIS 23275Docket: 91-7799

Court: Court of Appeals for the Eleventh Circuit; August 25, 1994; Federal Appellate Court

Narrative Opinion Summary

This case involves long-standing litigation concerning alleged discriminatory hiring practices by a city and its personnel board, leading to multiple court decisions over two decades. Initially, the United States and private parties, including the NAACP, sued the city and the board, claiming violations of the Fourteenth Amendment and Title VII due to discriminatory employment tests. The district court ruled that these tests had a disparate impact on black applicants and did not meet Title VII's job-relatedness standard, prompting race-conscious remedies. The case evolved into an examination of affirmative action measures and consent decrees aimed at addressing past discrimination. A recent appeal focused on modifying these decrees to align with contemporary legal standards, with the court emphasizing the need for substantial evidence to justify race-based affirmative action beyond police and fire departments. The court mandated the development of lawful, non-discriminatory selection procedures, criticized the lack of progress over thirteen years, and required modifications to gender-based preferences under intermediate scrutiny. The appellate court partially reversed the district court's modifications, directing further proceedings to ensure compliance with strict and intermediate scrutiny standards. The Wilks class, representing non-black male employees, successfully challenged aspects of the decrees, earning attorneys' fees for their efforts in the modification process.

Legal Issues Addressed

Affirmative Action and Strict Scrutiny

Application: The court required the City and the Board to provide substantial evidence justifying race-based affirmative action, particularly in departments beyond police and fire, under strict scrutiny standards.

Reasoning: The court has reversed part of the district court's order and remanded for further proceedings, emphasizing the need for the City and the Board to provide substantial evidence supporting the necessity of race-based affirmative action in departments beyond police and fire.

Attorneys' Fees under 42 U.S.C. Sec. 1988

Application: The Wilks class was recognized as a prevailing party and entitled to attorneys' fees for their successful efforts in the modification proceedings.

Reasoning: The Wilks class is recognized as a prevailing party under section 1988 concerning the modification proceedings against the City, entitled to an interim award of attorneys' fees and costs for their successful efforts.

Discriminatory Employment Practices under Title VII

Application: The court found that the employment tests used by the Personnel Board had a significant adverse impact on black applicants and were not sufficiently job-related, thus violating Title VII.

Reasoning: The court determined that the tests violated Title VII due to their significant adverse impact on black applicants, defined as a passing rate for black candidates being less than 80% of that for white candidates.

Intermediate Scrutiny for Gender-based Classifications

Application: Gender-based affirmative action measures must be substantially related to an important government interest, with evidence of past discrimination against women.

Reasoning: Intermediate scrutiny is the required constitutional standard for gender discrimination cases, emphasizing that any gender-conscious provisions must align with current constitutional standards.

Modification of Consent Decrees

Application: The court held that modifications to the consent decrees were necessary to ensure compliance with current constitutional standards and to address changes in factual or legal circumstances.

Reasoning: To modify a consent decree, the moving party must first demonstrate that significant changes in factual or legal circumstances warrant such action.