National Railroad Passenger Corporation v. Morgan, 536 U.S. 101, 4 (2002)

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104

NATIONAL RAILROAD PASSENGER CORPORATION v. MORGAN

Opinion of the Court

Thomas, J., delivered the opinion of the Court, in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined, and in which Rehnquist, C. J., and O'Connor, Scalia, and Kennedy, JJ., joined as to Part II-A. O'Connor, J., filed an opinion concurring in part and dissenting in part, in which Rehnquist, C. J., joined, in which Scalia and Kennedy, JJ., joined as to all but Part I, and in which Breyer, J., joined as to Part I, post, p. 123.

Roy T. Englert, Jr., argued the cause for petitioner. With him on the briefs was Melissa B. Rogers.

Pamela Y. Price argued the cause for respondent. With her on the brief were Howard J. Moore, Jr., and William McNeill III.

Austin C. Schlick argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Acting Assistant Attorney General Schiffer, Deputy Solicitor General Clement, Mar-leigh D. Dover, and John C. Hoyle.*

Justice Thomas delivered the opinion of the Court.

Respondent Abner Morgan, Jr., sued petitioner National Railroad Passenger Corporation (Amtrak) under Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U. S. C. 2000e et seq., alleging that he had been subjected to discrete discriminatory and retaliatory acts and had experienced a racially hostile work environment throughout his employment. Section 2000e-5(e)(1) requires that a Title

*Katherine Y. K. Cheung, Ann Elizabeth Reesman, Stephen A. Bokat, and Robin S. Conrad filed a brief for the Equal Employment Advisory Council et al. as amici curiae urging reversal.

Briefs of amici curiae urging affirmance were filed for the Impact Fund et al. by Ellen Lake, Brad Seligman, and Jocelyn D. Larkin; for the NAACP Legal Defense and Educational Fund, Inc., by Robert H. Stroup, Elaine R. Jones, Theodore M. Shaw, Norman J. Chachkin, James L. Cott, and Eric Schnapper; for the Lawyers' Committee for Civil Rights Under Law et al. by Thomas J. Henderson, John A. Payton, Gary T. Johnson, Norman Redlich, Barbara R. Arnwine, Dennis Courtland Hayes, Marcia D. Greenberger, Judith L. Lichtman, Marc Stern, and Paula A. Brantner.

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