United States, 416 F.2d 980 (5th Cir., July 28, 1969), discussed at note 8, infra. 1969), the court said: "Where necessary to ensure compliance with the Act, the District Court was fully empowered to eliminate the present effects of past discrimination." Go to In Local 53 of International Association of Heat and Frost Insulators and Asbestos Workers v. "* * * here, as here, `job seniority' operates to continue the effects of past discrimination, it must be replaced * *." United States v.
Local 189, supra, as the district court, with subsequent approval of the Fifth Circuit Court of Appeals, struck down a seniority system which had the effect of perpetuating discrimination. The Quarles decision was expressly approved and followed in United States v.
In Quarles, it was directly held that present and continuing consequences of past discrimination are covered by the Act, the court stating, "It is also apparent that Congress did not intend to freeze an entire generation of Negro employees into discriminatory patterns that existed before the act." Quarles v. Hayes International Corporation, 415 F.2d 1038 (5 Cir. Local 53 of International Association of Heat and Frost Insulators and Asbestos Workers v. While it is true that the Act was intended to have prospective application only, relief may be granted to remedy present and continuing effects of past discrimination. This holding is in conflict with other persuasive authority and is disapproved.
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