The U.S. Supreme Court case International Longshoremen's Association, AFL-CIO v. Davis in 1985 revolved around a dispute over union membership and employment discrimination based on race. The plaintiff, Winston C. Davis, an African-American longshoreman claimed that the International Longshoremen's Association (ILA) and other defendants had violated his rights under Title VII of the Civil Rights Act by denying him "A" status membership due to his race which limited his work opportunities compared to white members with "A" status who received preferential treatment for job assignments at waterfront facilities in Baltimore. The court ruled against Davis stating that he failed to file a timely complaint within 300 days after the alleged unlawful practice occurred as required by law; hence it was not actionable under Title VII even though its effects were ongoing during this period. Additionally, they found no evidence showing ILA’s seniority system intentionally discriminated against black workers or perpetuated past racial discrimination.

In the dissenting opinion for the case of International Longshoremen's Association, AFL-CIO v. Davis, Justice Thurgood Marshall argued that the majority had misinterpreted Title VII of the Civil Rights Act and its prohibition against racial discrimination in employment practices. He contended that a union could be held liable under Title VII if it participated in discriminatory hiring hall practices, even if those practices were mandated by a collective bargaining agreement with an employer. In his view, this was consistent with Congress' intent to make unions responsible for eliminating workplace discrimination. Furthermore, he disagreed with the majority's assertion that liability should only apply when a union has instigated or encouraged such behavior; instead arguing that mere participation is sufficient grounds for culpability under Title VII.