Has it happened before that the Court has unanimously given such a negative 
description of the view put forward by the solicitor general for the Justice 
Department on behalf of the EEOC? I suppose so, but I can't remember such a 
case.

"Although the Sixth Circuit did not adopt the extreme position pressed here by 
the EEOC ..."


Mark S. Scarberry
Professor of Law
Pepperdine Univ. School of Law
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