Legal Term for Seniority
A person who has a lien or charge over someone else`s property, so his claim must be satisfied before anyone else, has seniority or priority. In Firefighters` Union No. 1784 v. 1984 Stotts, 467 U.S. 561, 104 S. Ct. 2576, 81 L. Ed. 2d 483, the Supreme Court upheld the validity of a seniority system that protected the jobs of long-serving white firefighters at the expense of newly hired black firefighters. The Memphis, Tennessee, Fire Department has implemented the traditional “hired last, fired first” seniority principle. In 1981, three white firefighters who would otherwise have kept their jobs under the system were laid off for a month, while minority firefighters continued to work with less seniority. This change in seniority system was the result of an injunction to enforce consent decrees that resolved equal opportunity cases in Memphis.
The Court of First Instance drafted the decrees to address firefighters` previous discriminatory practices in hiring and promoting minorities. The District Court found that the seniority system was not bona fide under section 706(g) of Title VII of the Civil Rights Act 1964 because dismissals under that Act would have a racially discriminatory effect. The court therefore ordered that the system be modified to increase and maintain the percentage of black firefighters. The Court of Appeal upheld the revision of the seniority system, but did not agree with the conclusion that the system was not bona fide. “Rule of seniority. Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/seniority%20rule. Retrieved 21 December 2020. With respect to certiorari, the Supreme Court ruled that the district court exceeded its powers in issuing the injunction that ultimately led to the dismissal of the senior white firefighters.
The injunction was not an appropriate remedy. It was not found that Black workers protected by the revised system were directly discriminated against, a requirement imposed by the Court in International Brotherhood of Teamsters v. United States, 431 U.S. 324, 97 S. Ct. 1843, 52 L. Ed. 2d 396 (1977). However, the court did not decide whether the consent decree was valid or whether the Memphis Fire Department alone could protect the jobs of black firefighters at the expense of their white, more senior-serving counterparts.
An employee has seniority if he or she is one of those with the most years of service in the workplace. Such seniority entitles the employee to apply for promotion to jobs for which younger (older) employees would not be eligible or would receive less consideration. Traditionally, this also gives him the status of being among the last to lose his job in the event of dismissal. Priority or preference in the position over others, similar situation. As used, for example, with respect to seniority, the employee with the most years of service is promoted first to a number of positions subject to seniority and is the last to be terminated. The term may also refer to the primacy of a privilege or office. What prompted you to consult the seniority rule? Please let us know where you read or heard it (including the quote, if possible). Another scam plays on the anger and shame of seniors who have been deceived by fraudulent telemarketers.
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