Wygant v. Jackson Bd. of Educ., Jackson, Mich., 82-1746
Decision Date | 25 October 1984 |
Docket Number | No. 82-1746,82-1746 |
Citation | 746 F.2d 1152 |
Parties | 36 Fair Empl.Prac.Cas. 153, 35 Empl. Prac. Dec. P 34,729, 53 USLW 2236, 20 Ed. Law Rep. 1124 Wendy WYGANT, Leonard Bluhm, Susan Lamm, John Krenkel, Florence Csage, Karen Smith, Susan Diebold, Deborah Brezezinski, Kathleen Crecine, Gordon Holton, Cheryl Zaski, Robert L. Staska, David P. Kiesel, Paula Janke, Martha Verhoeven, Perry Maynard, Mary O'Dell and Ruth Ann Anderson, Plaintiffs-Appellants, v. JACKSON BOARD OF EDUCATION, JACKSON, MICHIGAN, and Richard Surbrook, President and Don Penson, Robert Moles, Melvin Harris, Cecelia Fiery, Sadie Barham, and Robert F. Cole, Defendants-Appellees. |
Court | U.S. Court of Appeals — Sixth Circuit |
Thomas Rasmusson (argued), Joseph A. Warren, Lansing, Mich., for plaintiffs-appellants.
Jerome A. Susskind, Jackson, Mich., for defendants-appellees.
Before EDWARDS and WELLFORD, Circuit Judges, and PECK, Senior Circuit Judge.
This is a school case tangentially involving segregation in public schools--this concerning a formula for layoff of teachers of minority races during economically required reductions in staff. The disputed formula is contained in the collective bargaining contract executed between the Jackson Teachers Association and the Board of Education of the City of Jackson, Michigan. It reads as follows:
ARTICLE XII.B.1. In the event that it becomes necessary to reduce the number of teachers through layoff from employment by the Board, teachers with the most seniority in the district shall be retained, except that at no time will there be a greater percentage of minority personnel laid off than the current percentage of minority personnel employed at the time of the layoff. In no event will the number given notice of possible layoff be greater than the number of positions to be eliminated. Each teacher so affected will be called back in reverse order for positions for which he is certified maintaining the above minority balance. (Emphasis added).
Appellants, who object to the Board's following this provision, contend that the quoted provision violates both federal and state statutory and constitutional provisions, including particularly the fourteenth amendment, Title VII of the Civil Rights Act of 1964, 42 U.S.C. Secs. 2000e to 2000e-17 (1976 & Supp. V 1981); 42 U.S.C. Secs. 1981, 1983 and 1985 (1976 & Supp. V 1981).
While, at oral argument, this court was advised that due to somewhat improved economic conditions, only one teacher assignment is as a practical matter currently involved, the fundamental dispute over the validity of Art. XII.B.1. is still before us.
The District Judge who heard this case wrote a careful opinion upholding the validity of the layoff system adopted by the School Board and the Federation of Teachers. We quote in part Wygant v. Jackson Board of Education, 546 F.Supp. 1195 (E.D.Mich.1982) as follows:
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