The Influence of Justice Thurgood Marshall on the Development of Title VII Jurisprudence

(Excerpt) This Article highlights Justice Marshall’s influence on the development of Title VII jurisprudence. Part I presents a brief overview of Justice Marshall’s personal and professional life before becoming a Justice to show how his experience influenced the development of his judicial philosophy. Part II summarizes the Court’s approach to some of the issues left unresolved by Congress in the initial passage of Title VII. Specifically, it explores how the Court determined what would constitute a violation of Title VII and standards of pleading and proof.

Part III examines the changes in the Court’s jurisprudence before Justice Marshall retired from the bench. As the majority of Justices became less sympathetic to the protection of African Americans in the workplace, Justice Marshall’s voice of dissent emerged. Part IV concludes with a discussion of the Civil Rights Act of 1991, which vindicated Justice Marshall’s choice to dissent by adopting many of the positions taken in his departure from the majority view.