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2d Cir 5th Cir 9 FEP action affirmative affirmative action alleged Amendment applicants back pay basis BFOQ black employees Board bona fide burden business necessity cert Civil Rights Act Clause collective bargaining agreement Congress constitutional Corp court found Court of Appeals criteria decision defendant denied discharge discriminatory district court Duke Power EEOC Dec effect employ employment agency employment discrimination employment opportunities established evidence F.Supp federal filed Fourteenth Amendment Georgia Power Griggs hiring impact individual issue labor Law School layoff legislative LRRM Macon Telegraph male membership ment minority national origin Negroes NLRB Omitted persons plaintiff prior procedures prohibited protected provides qualification question race racial discrimination reasonable refused relief religion religious remedy rule Section seniority system sex discrimination statute statutory summary judgment supervisor supra note Supreme Court tion Title VII union United unlawful employment practice validation wages women workers