Pearson Pem, Pr Inc. v. Departamento De Educacion

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that unions do not have “an affirmative duty to prevent racial harassment or other forms of unlawful discrimination in the workplace”
• concluding that “inaction, unless invidious, is not discrimination in any accepted sense of the term.”
• stating that it would be “a clear violation of . . . Title VII” “[i]f a black worker asks the union to grieve a complaint, the union refuses, though if the worker were white the union would grieve his complaint”
• rejecting “the EEOC’s contention that unions have an affirmative duty to prevent racial harassment or other forms of unlawful discrimination in the workplace”
• rejecting argument that union has affirmative duty to investigate and rectify discrimination
• “[A] union that refuses to accept blacks as members, or refuses to press their grievances, is guilty of discrimination.”

Source: CourtListener parenthetical corpus (CC0).