## Facts

- Black employees and applicants brought a Title VII class action against Bowman Transportation Co. and unions, alleging racial discrimination in hiring for over-the-road (OTR) truck-driver positions.
- The district court certified a class that included Black nonemployee applicants denied OTR jobs before January 1, 1972.
- The district court found unlawful discrimination, permanently enjoined the practices, and ordered notice and priority consideration for OTR openings.
- The district court declined to award unnamed class members backpay or seniority retroactive to their application dates.
- The court of appeals required backpay for unnamed class members but affirmed denial of any seniority relief, ruling § 703(h) barred seniority remedies where a bona fide seniority system existed.
- While the case was pending, the named representative (Lee) was hired and later discharged for cause, raising whether the case became moot.

## Issues

1. Whether a certified Title VII class action becomes moot when the named representative loses a personal stake, despite remaining claims of unnamed class members.
2. Whether Title VII § 703(h) categorically bars retroactive seniority for applicants discriminatorily denied hiring into jobs governed by a bona fide seniority system.
3. Whether Title VII’s equitable remedies authorize “make-whole” (constructive) seniority dating back to the time an individual would have been hired absent discrimination.

## Decision

- The Supreme Court held the case was not moot because a live controversy remained as to unnamed class members’ entitlement to additional relief.
- The Court held § 703(h) did not bar awarding retroactive seniority to individuals who were unlawfully refused hire, where they sought the seniority they would have held under the existing system rather than alteration of that system.
- The Court held Title VII authorizes retroactive seniority as equitable make-whole relief for proven victims of discriminatory refusal to hire.
- The Court reversed the court of appeals’ denial of seniority relief and remanded for further proceedings.

## Legal Principles

- In a certified class action, the named representative’s loss of a personal stake does not moot the case when unnamed class members retain live claims concerning the adequacy of relief.
- Section 703(h) protects bona fide seniority systems from being treated as unlawful employment practices merely because they may perpetuate effects of past discrimination, but it does not preclude remedial awards that place proven victims in the position they would have occupied under the existing system.
- Title VII’s equitable remedies are designed to make victims whole; retroactive seniority may be necessary to restore employment benefits tied to seniority (e.g., bidding, promotion, layoff protection).
- Retroactive seniority is not automatic; it must be limited to individuals shown to be actual victims of discriminatory refusals to hire and must be administered with workable standards for identifying who would have been hired and the proper seniority dates.

## Conclusion

The Court ruled that Title VII permits retroactive seniority as make-whole relief for applicants discriminatorily denied employment and that § 703(h) does not bar such individualized seniority awards under a bona fide seniority system; the class action also remained justiciable despite the named representative’s changed circumstances.


Franks v. Bowman Transp. Co., 424 U.S. 747 (1976)