Proof of Discriminatory Intent under Title VII: United States Postal Service Board of Governors v. Aikens

Abstract

The Supreme Court will hear a case this Term involving the question of how intentional discrimination in employment can be proven. The case-United States Postal Service Board of Governors v. Aikens 1 involves a claim brought under title VII of the Civil Rights Act of 1964.2 Aikens charged the Postal Service with racial discrimination in denying him promotion to various managerial-level jobs. The D.C. Circuit ruled that he could make out a prima facie case of discrimination by showing that he possessed all known qualifications for the promotions, and had been passed over in favor of white candidates.3 The United States Department of Justice, representing the Postal Service, has asked the Court to rule that plaintiffs prima facie proof must demonstrate a probability of discrimination.4 In this case, where the plaintiff relied on comparative qualifications to show intent, the Government says that to make out this probability, plaintiff would have to provide evidence that he is more qualifed than the candidates chosen, in terms of whatever tangible and intangible factors may be taken into