239.     Harper v. Mayor and City Council of Baltimore, 359 F. Supp. 1187, 1193 (1973).

240.     Id at 1202.

241.     The decree was modified by the Fourth Circuit, 486 F. 2d 1134 (1973) to drop the City of
Baltimore as a named defendant on the grounds that a city is not a "person" under that
statute. The modification made no substantial difference, since the rest of the decision
was affirmed and it was applicable to all the relevant public officials.
The analysis of the effects of seniority in promotion in this decision may not be valid,
. even under Title VII. The statute has a separate clause insulating validly adopted
seniority systems. Thus, seniority systems must be analyzed for discriminatory intent and
discriminatory impact is not sufficient to show a statutory violation. American Tobacco
Co. v. Patterson, 456 U.S. 63 (1982); Pullman-Standard v. Swint, 456 U.S. 273 (1982).

242.     Six plaintiff classes were certified in the case - two for gender issues and four for racial
issues with one or more named plaintiffs as named representatives. The bulk of the
court's opinion was concerned with procedural issues and the substantive Title VII issues
affecting women candidates for the police. In keeping with the focus of these materials,
however, the discussion in the text is concerned solely with the substance of claims on
race.

243.     Vanguard Justice Society, Inc. v. Hughes, 471 F. Supp. 670 (1979).

244.     The critics of testing could usually point to analytic flaws in virtually any test design -
either in the questions asked or the methodology of grading. Strict adherence to EEOC
guidelines in proving a tests validity was hard. Today, the trial court in Title VII cases
determines as a question of fact whether the defendant has shown business necessity, and
that court's decision will not normally be overturned. The effect is to create wide
variations, depending on the trial judge, over whether a specific showing of job
relationship is sufficient to satisfy Title VII.

245.     Alien v. P.O. County, 538 F. Supp. 833 (D. Md. 1982) affd 737 F. 2d 1299 (4th Cir.
1984).

246.	Lewis v. A.T.& T. Technologies, Inc., 691 F. Supp. 915 (D. Md. 1988).

247.	490 U.S. 642(1989).

248.	McNairn v. Sullivan, 929 F. 2d 974 (4th Cir. 1991).

249.     On the other hand, racial balance in the workforce will not excuse the use of a particular
selection procedure that has a discriminatory impact even if the employer uses some form
of affirmative action to offset the impact of that criteria. Connecticut v. Teal. 457 U.S.
440(1982).

230