In the case of Local Number 93, International Association of Firefighters v. City of Cleveland (1985), the U.S Supreme Court ruled that federal courts have authority to order affirmative action remedies in Title VII cases even when there has been no finding of intentional discrimination. The dispute began when a group representing black and Hispanic firefighters sued the city for racial discrimination in promotions within its fire department. A settlement was reached which included an agreement on future promotion practices but did not include any admission or finding of past discriminatory conduct by the city. However, a local union objected to this settlement because it involved race-conscious promotional quotas and sought review from higher courts arguing that without proof of intentional racial bias such measures were unjustified under Title VII law. In a 6-3 decision, however, Justice William Brennan writing for majority held that once a court had jurisdiction over a case alleging violation of civil rights laws like Title VII it could approve settlements including those involving affirmative actions irrespective whether there was evidence proving actual violations.

In the dissenting opinion for Local Number 93, International Association of Firefighters v. City of Cleveland, Justice Powell argued that the court's decision to allow a federal judge to impose an affirmative action plan on a city fire department was inappropriate and overstepped judicial boundaries. He believed that such decisions should be left up to local governments or legislative bodies rather than courts. Furthermore, he expressed concern about the potential implications of this ruling on future cases involving labor disputes and collective bargaining agreements. He also questioned whether it was fair or effective for courts to mandate specific racial quotas in hiring practices as part of their efforts towards achieving equality in employment opportunities.