Espinoza v. Farah Manufacturing Co.: Difference between revisions
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Espinoza, a [[Mexico|Mexican]] national admitted to residence in the United States and married to a U.S. national, brought suit after exhausting her administrative remedies with the [[Equal Employment Opportunity Commission]], alleging that Farah Mfg. Company's refusal to hire her in its [[San Antonio, Texas]] division because of her Mexican citizenship violated §703 of the Civil Rights Act, which makes it an unlawful employment practice for an employer to fail or refuse to hire any individual because of his race, color, religion, sex, or national origin. |
Espinoza, a [[Mexico|Mexican]] national admitted to residence in the United States and married to a U.S. national, brought suit after exhausting her administrative remedies with the [[Equal Employment Opportunity Commission]], alleging that Farah Mfg. Company's refusal to hire her in its [[San Antonio, Texas]] division because of her Mexican citizenship violated §703 of the Civil Rights Act, which makes it an unlawful employment practice for an employer to fail or refuse to hire any individual because of his race, color, religion, sex, or national origin. |
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The [[District Court]] granted Espinoza's motion for summary judgment, relying primarily on an EEOC guideline providing that a lawful alien resident may not be discriminated against on the basis of citizenship. The [[United States Court of Appeals for the Fifth Circuit]] reversed, and the Supreme Court affirmed this decision. |
The [[United States district court|District Court]] granted Espinoza's motion for summary judgment, relying primarily on an EEOC guideline providing that a lawful alien resident may not be discriminated against on the basis of citizenship. The [[United States Court of Appeals for the Fifth Circuit]] reversed, and the Supreme Court affirmed this decision. |
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==See also== |
==See also== |
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Revision as of 05:17, 23 July 2010
| Espinoza v. Farah Mfg. Co. | |
|---|---|
 | |
| Argued October 10–11, 1973 Decided November 19, 1973 | |
| Full case name | Espinoza, et vir v. Farah Manufacturing Company |
| Citations | 414 U.S. 86 (more) 94 S. Ct. 334 |
| Holding | |
| An employer's refusal to hire a person because he is not a United States citizen does not constitute employment discrimination on the basis of “national origin” in violation of §703 of the Civil Rights Act of 1964.[1] | |
| Court membership | |
| |
| Case opinions | |
| Majority | Marshall, joined by Burger, Brennan, Stewart, White, Blackmun, Powell, Rehnquist |
| Dissent | Douglas |
Espinoza v. Farah Mfg. Co., 414 U.S. 86 (1973), was a decision by the United States Supreme Court, which held that an employer's refusal to hire a person because he is not a United States citizen does not constitute employment discrimination on the basis of “national origin” in violation of §703 of the Civil Rights Act of 1964[1].
Espinoza, a Mexican national admitted to residence in the United States and married to a U.S. national, brought suit after exhausting her administrative remedies with the Equal Employment Opportunity Commission, alleging that Farah Mfg. Company's refusal to hire her in its San Antonio, Texas division because of her Mexican citizenship violated §703 of the Civil Rights Act, which makes it an unlawful employment practice for an employer to fail or refuse to hire any individual because of his race, color, religion, sex, or national origin.
The District Court granted Espinoza's motion for summary judgment, relying primarily on an EEOC guideline providing that a lawful alien resident may not be discriminated against on the basis of citizenship. The United States Court of Appeals for the Fifth Circuit reversed, and the Supreme Court affirmed this decision.
See also
References
Further reading
- Limon, G. (1975). "Discrimination against Aliens in Federal Public Employment". Chicano Law Review. 2: 109.
{{cite journal}}: Cite has empty unknown parameters:|month=and|coauthors=(help) - Soltero, Carlos R. (2006). "Espinoza v. Farah Mfg. Co. (1973) and 'national origin' discrimination in employment". Latinos and American Law: Landmark Supreme Court Cases. Austin, TX: University of Texas Press. pp. 95–106. ISBN 0292714114.
{{cite book}}: Cite has empty unknown parameter:|coauthors=(help)
External links
Footnotes
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