In the case of Franks et al. v. Bowman Transportation Co., Inc., et al, 1975, the U.S Supreme Court ruled on a racial discrimination lawsuit brought by African American truck drivers against their employer, Bowman Transportation Company. The plaintiffs alleged that they were denied promotions due to their race and claimed that this was in violation of Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race, color, religion, sex or national origin. The court held that when an employer has been found guilty of systematic racial discrimination in promotions as per Title VII violations; then it is within its jurisdiction to order affirmative relief for those who have suffered from such discriminatory practices including granting them seniority rights retroactively if necessary for effective remedy even though innocent non-minorities might be adversely affected thereby.

In the dissenting opinion for Franks et al. v. Bowman Transportation Co., Inc., Justice Powell argued that the majority's decision to allow class action lawsuits in employment discrimination cases was a misinterpretation of Rule 23(a) and (b)(2) of Federal Rules of Civil Procedure, which governs class actions. He contended that these rules were not intended to apply to situations where significant individualized monetary relief is sought by each member of the plaintiff class, as it would be impractical and unfair due to potential conflicts among members' interests. Furthermore, he expressed concern about judicial efficiency being compromised by having courts determine damages for potentially hundreds or thousands of individuals within one lawsuit instead of separate trials with more focused attention on each claimant’s circumstances.