In the case of Alexander, Secretary of the Army v. Fioto (1976), the United States Supreme Court ruled in favor of Fioto, a civilian employee at an army depot who was dismissed from his position due to alleged inefficiency. The Civil Service Commission upheld this dismissal without providing him with a hearing or any form of procedural safeguards. The court held that such action violated Fioto's Fifth Amendment rights to due process and reversed the decision made by lower courts which had sided with Alexander, Secretary of the Army. This ruling affirmed that federal employees have constitutional protection against arbitrary dismissals without proper procedures being followed.

In the dissenting opinion for Alexander, Secretary of the Army v. Fioto, Justice William J. Brennan Jr., joined by Justices Thurgood Marshall and Potter Stewart, argued that the majority's decision was inconsistent with previous rulings regarding back pay awards under Title VII of the Civil Rights Act. The dissenters believed that once a violation is established in such cases, it should be presumed that some damage resulted unless there is evidence to suggest otherwise. They disagreed with placing an additional burden on victims to prove they were qualified for promotions denied due to discrimination; instead suggesting employers bear this responsibility as they are better positioned to provide relevant information about job qualifications and requirements. Furthermore, they felt denying back pay based on lack of qualification could potentially allow discriminatory practices to continue without consequence if those discriminated against weren't fully aware or prepared for advancement opportunities at their workplace due to systemic bias.