Hishon v. King & Spalding (1983)
- Docket
- 82-940
- Decided
- 1983-01-01
Summary
Question: Did King & Spalding violate Title VII of the Civil Rights Act of 1964 and unfairly discriminate against Hishon on the basis of her sex by denying her admission to the partnership? Conclusion: Yes. Chief Justice Warren E. Burger delivered the opinion for the unanimous Court. The Court held that Title VII makes it illegal for an employer to discriminate against any employee on the basis of their sex. In this case, the Court held that the promise of equal consideration for partnership that went along with Hishon’s employment was contractual in nature and subject to the regulations of Title VII. By preventing Hishon from obtaining partnership because of her sex, the Firm discriminated against her and breached the “terms, conditions or privileges of employment,” and therefore the Firm acted in direct violation of Title VII. Justice Lewis F. Powell Jr. wrote a concurring opinion noting that the Court’s opinion should be careful to not go to far in interfering with a firm’s ability to make partner decisions.