Wygant v. Jackson Board of
Education
Lisa Marie Amabile
EDU 361
Professor Chamblin
Background
• In 1972, The Board of Education and the teachers union
in Jackson, Michigan added a “layoff provision” to their
collective bargaining agreement that would protect
employees who were members of certain minority
groups against layoffs.
• Collective bargaining
• In 1974, when layoffs became necessary, the tenured
teachers were kept and probationary minority teachers
were laid off, they believed that this resulted in a
violation to the 14th amendment and Civil Rights Act of
1964 ( Brown v. Board of Education)
Background
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The District Court upheld the constitutionality of the layoff.
Stated that these layoffs were permissible.
The Court of Appeals affirmed.
Later a petition for certiorari to the United States Supreme Court.
Certiorari - a writ issuing from a superior court calling up the
record of a proceeding in an inferior court for review.
• The argument was that they were laid off because of their race.
• Violation the 14th amendment which is Equal Protection Clause and
Title VII of the Civil Rights Act of 1964.
Case of Wendy Wygant
• Schools then laid off some non-minority teachers while
keeping other minority teachers with less seniority,
Wendy Wygant, a displaced non-minority teachers,
challenge the layoff in district court.
• The displaced non-minority teachers sued in federal
court, alleging the violation of the 14th amendment.
• The District Court dismissed the teachers’ claims,
holding that racial preferences were permissible as an
attempt to remedy societal discrimination by providing
role models for minority schoolchildren.
• The U.S Court of Appeals affirmed
Case of Wendy Wygant
• The United States Supreme Court reversed the
decision. They believed the importance of this
case was serious.
• Certiorari
• Other judgments: Justice O’Connor, Justice
White, Justice Marshall, Justice Stevens.
Case of Wendy Wygant
• In a 5 to 4 decision, the Court argued that
Wygant’s layoff stemmed from race and that it
did violate the Equal Protection Clause.
• Affirmative Action
• In Brown v. Board of Ed they rejected the racial
preferences because it had to be based on prior
discrimination.
Final Decision
• The Wygant decision imposed a higher burden
on government to justify affirmative actions
programs, especially when white employees are
laid off in order to kept minority employees.
• Wygant won in her favor. But she raised more
questions that it answered. Her case was and
open question.
References
• www.law.cornell.edu/supct/html/.../USSC_C
R_0476_0267_ZS.html
• www.enotes.com/wygant-v-jackson-boardeducation.../wygant-v-jackson-boardeducation
• www.pbs.org/beyondbrown/brownpdfs/wygantja
ckson.pdf
• legaldictionary.thefreedictionary.com/Wyga
nt+v.+Jackson+Board+of+Education