United Steelworkers of America v. Weber (1979) was a landmark Supreme Court decision that ruled on the legality of voluntary, private action to create a certain type of affirmative action program. The decision established the precedent that such programs, when not enforced by the government, could be used to promote a more diverse workplace so long as they were implemented without anything resembling “reverse discrimination”.
The Case Behind United Steelworkers of America v. Weber (1979)
The case revolved around Arthur Weber, a white employee at Kaiser Aluminum and Chemical Corporation who was passed over for a promotion because the employer had instituted an affirmative action plan. The United Steelworkers of America (USWA) had negotiated with Kaiser and had included the affirmative action plan, which the USWA argued was necessary for the advancement of employment opportunities for African Americans. The Supreme Court ultimately ruled in favor of the USWA, affirming that the affirmative action plan was legal as long as it did not amount to “reverse discrimination”.
Today’s Implications of United Steelworkers of America v. Weber (1979)
This Supreme Court decision established a precedent that private employers are still bound by today. While employers can use affirmative action programs to promote diversity in the workplace, they must be mindful to not use such programs in a manner that would amount to “reverse discrimination” against any individuals. Moreover, employers should be aware that when it comes to affirmative action policies, the government is not the only body that can challenge their legality.
Conclusion
The ruling in United Steelworkers of America v. Weber (1979) is an important reminder that affirmative action policies must not be implemented in a manner that discriminates against individuals. Employers should ensure that their use of affirmative action policies is both beneficial to diverse representation and in compliance with anti-discrimination laws in order to avoid any legal liability for implementing such programs.