This Note will outline the historical trend of favoring an award of the most complete relief possible for victims of employment discrimination through a discussion of case law under title VII and the Labor Management Relations Act (LMRA). It will examine the Supreme Court's decision in Ford Motor Co. v. EEOC and suggest that the Court's imposition of a rigid rule upon lower courts to toll backpay liability reverses the trend. Finally, the Note will consider the impact of this rule upon future title VII litigants. It will conclude that while the rule may vindicate the rights of most victims, it will fall short of making whole those discriminatees who have found alternative work and have accrued some seniority prior to receiving an unconditional offer of employment absent retroactive seniority.
Laurie A. Lewis, Diluting Relief under Title VII: Ford Motor Co. v. Equal Employment Opportunity Commission – Employment Offer Absent Retroactive Seniority Effective in Tolling Backpay, 32 CATH. U. L. REV. 665 (1983).