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 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; 38 L. Ed. 2d 287 |
| 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, 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
editReferences
edit- ^ a b "Civil Rights Act of 1964". Archived from the original on October 21, 2010. Retrieved October 6, 2008.
Further reading
edit- Limon, G. (1975). "Discrimination against Aliens in Federal Public Employment". Chicano Law Review. 2: 109.
- 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 978-0-292-71411-3.
External links
edit- Text of Espinoza v. Farah Mfg. Co., 414 U.S. 86 (1973) is available from: CourtListener Google Scholar Justia
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