| Author | Title | Citation | Summary | Year |
| Paul N. Cox |
THE FUTURE OF THE DISPARATE IMPACT THEORY OF EMPLOYMENT DISCRIMINATION AFTER WATSON v. FORT WORTH BANK |
1988 Brigham Young University Law Review 753 (1988) |
In Watson v. Fort Worth Bank & Trust Co. the Supreme Court held that the disparate impact theory of employment discrimination under Title VII of the Civil Rights Act is applicable to subjective employment criteria. On this relatively narrow point, the Court, with the possible exception of Justice Kennedy who did not participate, was unanimous.... |
1988 |
| John V. Jansonius, Haynes and Boone Dallas, Texas |
THE ROLE OF SUMMARY JUDGMENT IN EMPLOYMENT DISCRIMINATION LITIGATION |
4 Labor Lawyer 747 (Fall, 1988) |
Since passage of Title VII of the Civil Rights Act of 1964, employment discrimination claims have added increasingly to the federal court case load. Besides the sheer volume of employment discrimination cases, many of which have been complex and lengthy, case law applying employment discrimination statutes has been rapidly evolving, adding to the... |
1988 |
| John Edward Charland |
WILLFULNESS, GOOD FAITH, AND THE QUAGMIRE OF LIQUIDATED DAMAGES UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT |
13 Journal of Corporation Law 573 (Winter, 1988) |
I. INTRODUCTION. 574 II. THE ADEAAN OVERVIEW. 576 A. The Vortex of the ADEA. 578 1. Judicial Decisions. 579 2. A Definitional Perspective. 581 3. Vicarious Knowledge of Section 8 Material. 581 B. The Nature of the Wilfulness Requirement: Punitive v. Compensatory. 583 1. Liquidated Damages. 584 2. Extension of the Statute of Limitations. 586 C. The... |
1988 |
| Lawrence Allen Katz , Robin M. Roberts |
A FRESH LOOK AT GETTING FRESH: EMPLOYER LIABILITY FOR A SEXUALLY OFFENSIVE WORK ENVIRONMENT |
23-NOV Arizona Bar Journal 10 (October/November, 1987) |
By 1986, employers had been placed on notice: sexual harassment constitutes unlawful sex discrimination under Title VII of the Federal Civil Rights Act of 1964 and under the Arizona Civil Rights Act. Just what sexual harassment is, however, and the extent to which an employer may be held liable for its own transgressions and those of its agents,... |
1987 |
| Frances Bates McDonald |
ACCEPTABLE RACE-CONSCIOUS RELIEF IN EMPLOYMENT: THE SUPREME COURT STRUGGLES TOWARD A CONSENSUS |
31 Saint Louis University Law Journal 1001 (October, 1987) |
Affirmative action is the subject of considerable debate based on recent statutory law, case law, and executive order. As a preferential and race-conscious remedy for racial discrimination in the work place, affirmative action is widely covered in the press and, recently, the demise of affirmative action has even appeared on the conservative agenda... |
1987 |
| Susan Melanie Jones |
APPLYING DISPARATE IMPACT THEORY TO SUBJECTIVE EMPLOYEE SELECTION PROCEDURES |
20 Loyola of Los Angeles Law Review 375 (January, 1987) |
Congress rendered race, color, religion, sex and national origin invisible to employers in 1965, when Title VII of the Civil Rights Act of 1964 took effect. The central provisions of Title VII make it unlawful to base hiring or any subsequent employment decision on these protected characteristics. To enforce Title VII, Congress established the... |
1987 |
| Edward J. Littlejohn , Leonard S. Rubinowitz |
BLACK ENROLLMENT IN LAW SCHOOLS: FORWARD TO THE PAST? |
12 Thurgood Marshall Law Review 415 (Summer, 1987) |
For a hundred years after the first Black student entered an American law school in 1868, Blacks were barely visible in law schools. Starting in the late 1960s, they made modest gains in enrollment. Black representation in law school peaked within a decade, and leveled off by the mid-1970s. This enrollment plateau continued until the mid-1980s,... |
1987 |
| Katherine J. Streicher |
CANCER-BASED EMPLOYMENT DISCRIMINATION: WHETHER THE PROPOSED AMENDMENT TO TITLE VII WILL PROVIDE AN EFFECTIVE ANTI-DISCRIMINATION REMEDY |
62 Indiana Law Journal 827 (Summer, 1986/1987) |
More than 800,000 individuals in the United States are diagnosed annually as having cancer, and of this number approximately 400,000 will be cured. Yet employer ignorance concerning a cancer patient's ability to perform a job, or an employer's belief that employees with a cancer history will lead to higher insurance premiums, results in... |
1987 |
| Marianne Malouf |
CIVIL RIGHTS-TITLE VII-PUBLIC EMPLOYER MAY CONSIDER GENDER TO PROMOTe EMPLOYEE WITHOUT VIOLATING TITLE VII OF CIVIL RIGHTS ACT OF 1964 WHEN ENFORCING A VALID AFFIRMATIVE ACTION PLAN |
19 Saint Mary's Law Journal 455 (1987) |
Paul Johnson and Diane Joyce, employees of the Santa Clara Transportation Agency (Agency), sought promotion to the position of road dispatcher in 1979. Both Johnson and Joyce were qualified candidates as they had more than the requisite work experience and both scored above the minimum interview points required for selection. Although Mr. Johnson... |
1987 |
| Kathleen E. Saxton |
CONSTITUTIONAL LAW: QUOTA VERSUS GOAL IN AFFIRMATIVE ACTION-LOCAL 28 OF THE SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, 106A S. CT. 3019 (INTERM ED. 1986) |
12 University of Dayton Law Review 641 (Spring, 1987) |
Since the passage of the Civil Rights Act of 1964, the United States Supreme Court has continually attempted to define employment discrimination under Title VII. For example, the Supreme Court has held that an employer's use of written tests and high school diploma criteria for hiring employees does not have discriminatory purpose but does have... |
1987 |
| Mark S. Brodin |
COSTS, PROFITS, AND EQUAL EMPLOYMENT OPPORTUNITY |
62 Notre Dame Law Review 318 (1987) |
Title VII of the Civil Rights Act of 1964 is in its third decade and yet there remain several fundamental questions concerning its application that are unresolved by the courts. This article deals with one such issuethe extent to which employers can legally justify discriminatory practices on the basis of cost containment and profit maximization.... |
1987 |
| Christopher Dee |
DISPARATE IMPACT AND SUBJECTIVE EMPLOYMENT CRITERIA UNDER TITLE VII |
54 University of Chicago Law Review 957 (Summer, 1987) |
Title VII of the Civil Rights Act of 1964 forbids discrimination in employment on the basis of race, color, religion, sex, or national origin. The legislative history of the statute indicates that when an employment practice has a sufficiently adverse impact on members of a protected class, intent to discriminate is not a required element of a... |
1987 |
| Gary Phelan |
EMPLOYEE OPPOSITION UNDER TITLE VII: IMMUNITY TO AGGRIEVED PERSONS FILING DISCRIMINATION CLAIMS |
59-APR New York State Bar Journal 42 (April, 1987) |
Title VII of the Civil Rights Act of 1964 (Title VII) protects individuals from employment discrimination based on their racial, sex, religious or ethnic status. The Equal Employment Opportunity Commission (EEOC) administers Title VII's anti-discrimination provisions. The task of enforcing Title VII, however, rests primarily with aggrieved persons... |
1987 |
| Kathleen A. Smith |
EMPLOYER LIABILITY FOR SEXUAL HARASSMENT: INCONSISTENCY UNDER TITLE VII |
37 Catholic University Law Review 245 (Fall, 1987) |
Congress enacted title VII of the Civil Rights Act of 1964 to prevent specific types of employment discrimination. Despite this mandate, federal courts originally viewed sexual harassment as nothing more than a personal proclivity, peculiarity or mannerism. In one of the earliest opinions examining a sexual harassment claim, a court refused to... |
1987 |
| Katherine S. Anderson |
EMPLOYER LIABILITY UNDER TITLE VII FOR SEXUAL HARASSMENT AFTER MERITOR SAVINGS BANK v. VINSON |
87 Columbia Law Review 1258 (October, 1987) |
Sexual harassment of women in the workplace is a widespread, insidious problem. In Meritor Savings Bank v. Vinson, the Supreme Court unanimously affirmed that sexual harassment based on an offensive work environment is a form of sex discrimination prohibited by title VII of the Civil Rights Act of 1964. The majority declined, however, to issue a... |
1987 |
| Joel T. Andresser |
EMPLOYMENT DISCRIMINATION-THE EXPANSION IN SCOPE OF TITLE VII TO INCLUDE SEXUAL HARASSMENT AS A FORM OF SEX DISCRIMINATION: MERITOR SAVINGS BANK, FSB v. VINSON |
12 Journal of Corporation Law 619 (Spring, 1987) |
In June 1986 the Supreme Court held that sexual harassment creating a hostile or abusive work environment, without economic loss to the employee, was a violation of Title VII of the Civil Rights Act of 1964. In Meritor Savings Bank, FSB v. Vinson, the respondent, Mechelle Vinson, alleged constant sexual harassment by the petitioner, Sidney Taylor,... |
1987 |
| Debra L.W. Cohn |
EQUAL EMPLOYMENT OPPORTUNITY FOR AMERICANS ABROAD |
62 New York University Law Review 1288 (December, 1987) |
Despite a worldwide consensus against employment discrimination, such discrimination, often officially sanctioned, is still a pervasive international problem. In fact, many American businesses operating outside the territorial United States defy United States policy as well as international human rights agreements by discriminating among United... |
1987 |
| John J. Donohue III |
FURTHER THOUGHTS ON EMPLOYMENT DISCRIMINATION LEGISLATION: A REPLY TO JUDGE POSNER |
136 University of Pennsylvania Law Review 523 (December, 1987) |
I have profited greatly from reading Judge Posner's review of my initial Essay, Is Title VII Efficient? As usual, he has raised a number of thought-provoking issues that must be addressed if we are to make headway in resolving the difficult theoretical and empirical issues posed by employment discrimination legislation. In Part I of this reply, I... |
1987 |
| Frances Scroggins |
LABOR LAW-EMPLOYMENT DISCRIMINATION-EMPLOYER MAY BE HELD LIABLE FOR HOSTILE WORK ENVIRONMENT. MERITOR SAVINGS BANK v. VINSON, 106 S.CT. 2399 (1986). |
9 University of Arkansas at Little Rock Law Journal 543 (1986/1987) |
Mechele Vinson was hired as a teller-trainee at Capital Savings Bank in September 1974. Vinson was promoted to teller after completing a ninety-day probationary period. During the course of her employment, Vinson received promotions to head teller and then assistant branch manager. She was dismissed in November 1978 while on sick leave. Vinson... |
1987 |
| Richard M. Stephens, J.D. |
ONE STEP FORWARD, TWO STEPS BACK: THE 'PROGRESS' DOWN THE EMPLOYEE CIVIL RIGHTS ROAD |
40 West's Education Law Reporter 37 (1987) |
A major concern to all employees and employers is the legality of affirmative action plans which detrimentally affect nonminority or male employees. Racial minority and women's groups clamor for more advantages for their constituency. Nonminority groups, or often unions, urge for employment decisions to be based on seniority or merit rather than on... |
1987 |
| Judith J. Johnson |
REBUILDING THE BARRIERS: THE TREND IN EMPLOYMENT DISCRIMINATION CLASS ACTIONS |
19 Columbia Human Rights Law Review 1 (Fall, 1987) |
Congress intended that employees vindicate the rights given them under Title VII of the Civil Rights Act of 1964 by private action. For several years private actions proved to be very successful in eliminating employment discrimination. Recent decisions of the Supreme Court and lower courts have limited the effectiveness of the private employment... |
1987 |
| Fred W. Alvarez , Barbara Lipsky , Member United States Equal Employment Opportunity Commission Washington, D.C., Special Assistant to Commissioner Fred W. Alvarez United States Equal Employment Opportunity Commission Washington, D.C. |
REMEDIES FOR INDIVIDUAL CASES OF UNLAWFUL EMPLOYMENT DISCRIMINATION: A LAW ENFORCEMENT PERSPECTIVE |
3 Labor Lawyer 199 (Spring, 1987) |
I. Introduction II. The Remedies Policy in Context III. The Elements of the Remedies Policy IV. Nondiscrimantory Placement of Victims of Discrimination A. NLRB Practice B. Title VII Case Law 1. General Principles Governing Remedies 2. General Principles Governing Award of Reinstatement 3. Presence of Incumbents 4. Court Awards of Immediate... |
1987 |
| Barry L. Goldstein |
REPRESENTING A VICTIM OF EMPLOYMENT DISCRIMINATION |
13 Litigation 12 (Spring, 1987) |
You earned your stripes in litigation combat five years ago. Your career is a litany of litigation's varieties: the claims and defenses of two dozen businesses, your share of consumers' complaints, and a trio of contested divorces. You followed some of these cases on to the state supreme court and your federal circuit court, winning and losing... |
1987 |
| Bruce Beezer, LLB, Ed.D. |
SCHOOL EMPLOYEE'S DISMISSAL FOR VIOLATION OF DESEGREGATION PATRONAGE POLICY |
37 West's Education Law Reporter 763 (1987) |
The resolution of an issue wherein the contending parties claim a violation of their constitutional rights has never been an easy task for the courts. The tension that exists when a public school employee is discharged for enrolling his or her child in a private, segregated school is one such issue. A parent's right to determine where a child goes... |
1987 |
| Len Biernat |
SUBJECTIVE CRITERIA IN FACULTY EMPLOYMENT DECISIONS UNDER TITLE VII: A CAMOUFLAGE FOR DISCRIMINATION AND SEXUAL HARASSMENT |
20 U.C. Davis Law Review 501 (Spring, 1987) |
Most colleges and universities make faculty employment decisions in an extremely decentralized system that relies heavily on subjective criteria. This system may meet the needs of an educational institution, but it also creates difficulty in detecting sexual discrimination. This Article examines the unique decisionmaking process used in higher... |
1987 |
| Charles B. Craver , Secretary, Section of Labor and Employment Law, 1986-87 Professor of Law George Washington University National Law Center Washington, D.C. |
THE 1986-87 SUPREME COURT LABOR AND EMPLOYMENT LAW TERM: THE EXPANDING FOCUS ON INDIVIDUAL RIGHTS AND PREEMPTION |
3 Labor Lawyer 755 (Fall, 1987) |
During the 1986-87 Term, the Supreme Court issued opinions in forty-one cases pertaining to labor and employment law issues. It is remarkable to note the high percentage of Court time still devoted to labor and employment law cases, despite the relatively constant decline in union participation rates over the past several decades. The continued... |
1987 |
| Kimberlye K. Fayssoux |
THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 AND TRIAL BY JURY: PROPOSALS FOR CHANGE |
73 Virginia Law Review 601 (April, 1987) |
Congress enacted the Age Discrimination in Employment Act of 1967 (ADEA) in an effort to address the unique employment problems faced by older workers. Reflected in hiring, promotion, and discharge decisions, age discrimination in the workplace is a well-documented and increasingly troublesome phenomenon for many employees. In passing the ADEA,... |
1987 |
| Todd Brower |
THE DUTY OF FAIR REPRESENTATION UNDER THE CIVIL SERVICE REFORM ACT: JUDICIAL POWER TO PROTECT EMPLOYEE RIGHTS |
40 Oklahoma Law Review 361 (Fall, 1987) |
In 1978, Congress enacted the Civil Service Reform Act (CSRA), a comprehensive revision of the laws regarding federal government employees. Title VII of the CSRA consisted of the first statutory framework for federal labor relations, which prior to that time had been completely governed by a system started by an executive order issued by President... |
1987 |
| FREDRIC J. BENDREMER and LISA A. HEIDEN |
THE UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES PROVISION: A MODICUM OF PROTECTION AGAINST NATIONAL ORIGIN AND CITIZENSHIP STATUS DISCRIMINATION |
41 University of Miami Law Review 1025 (May, 1987) |
The employer sanctions provision of the Immigration Reform and Control Act of 1986 (IRCA) imposes penalties on employers who knowingly hire unauthorized aliens or who fail to comply with the Act's employment verification system. This provision, envisioned as the principal means of curtailing the large influx of undocumented aliens into the United... |
1987 |
| Ronald W. Adelman |
VOLUNTARY AFFIRMATIVE ACTION PLANS BY PUBLIC EMPLOYERS: THE DISPARITY IN STANDARDS BETWEEN TITLE VII AND THE EQUAL PROTECTION CLAUSE |
56 Fordham Law Review 403 (December, 1987) |
Nearly ten years after the Supreme Court first attempted to resolve the legality of affirmative action, the issue remains as controversial as ever. Supporters of affirmative action believe it represents a necessary remedy for centuries of segregation. Opponents consider it a new problem, not a solution. The Court has adopted an essentially moderate... |
1987 |
| William T. Matlack |
VOLUNTARY PUBLIC EMPLOYER AFFIRMATIVE ACTION: RECONCILING TITLE VII CONSENT DECREES WITH THE EQUAL PROTECTION CIAIMS OF MAJORITY EMPLOYEES |
28 Boston College Law Review 1007 (September, 1987) |
Title VII of the Civil Rights Act of 1964 has required many employers to negotiate structural changes in their hiring and promotion policies in order to redress racial and sexual discrimination. When first enacted, Title VII prohibited racial, sexual, and religious discrimination only in private sector employment. In 1972, however, Congress amended... |
1987 |
| Mark Maney |
APPLICATION OF THE ADVERSE IMPACT ANALYSIS TO SUBJECTIVE CRITERIA IN TITLE VII EMPLOYMENT DISCRIMINATION CASES |
38 Baylor Law Review 363 (Spring, 1986) |
The Equal Employment Opportunities Subchapter, Title VII of the Civil Rights Act of 1964, prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. The subchapter seeks to equalize employment opportunities by removing discriminatory barriers to employment. This purpose is achieved, in part, by providing... |
1986 |
| Robert C. Diemer |
ASSURING THE PUBLIC INTEREST IN EQUAL EMPLOYMENT OPPORTUNITY AFTER FIREFIGHTERS LOCAL 1784 v. STOTTS |
36 Case Western Reserve Law Review 87 (1985/1986) |
The conflict between affirmative action programs and seniority rights in the workplace has intensified in recent years. This conflict arose in Firefighters Local 1784 v. Stotts, in which a district court issued a temporary injunction against the layoffs of black workers, pursuant to an affirmative action consent decree. The Supreme Court, in... |
1986 |
| Penelope M. Taylor |
AVAILABILITY OF DISPARATE IMPACT THEORY TO ATTACK A MULTICOMPONENT EMPLOYMENT SYSTEM |
31 Villanova Law Review 377 (February, 1986) |
In the last two decades there has been a fundamental change in employment practices due to the Government's enactment of statutes prohibiting job-related discrimination. One of the most significant pieces of federal legislation, title VII of the Civil Rights Act of 1964 (title VII), prohibits an employer from denying an individual equal employment... |
1986 |
| JoAnne McCracken |
CHILD CARE AS AN EMPLOYEE FRINGE BENEFIT: MAY AN EMPLOYER DISCRIMINATE? |
26 Santa Clara Law Review 667 (Summer/Fall, 1986) |
The social problems related to unaffordable child care are many. Poverty, increased unemployment, and welfare dependence represent only a few of these problems. Recent cut-backs in federal funding of child-care services have magnified these difficulties and increased the burden that child care creates for many parents. Moreover, the parents who... |
1986 |
| Mark E. Recktenwald |
COLLATERAL ATTACKS ON EMPLOYMENT DISCRIMINATION CONSENT DECREES |
53 University of Chicago Law Review 147 (Winter, 1986) |
Employment discrimination lawsuits often affect the interests of employees who are not parties to the lawsuits. Those nonparty effects may be especially pronounced when minority plaintiffs and their employer negotiate a consent decree establishing quotas for the hiring or promotion of minorities. In such cases, the nonparty majority employees can... |
1986 |
| Brendan Mangan |
COMPARABLE WORTH CLAIMS UNDER TITLE VII: DOES THE EVIDENCE SUPPORT AN INFERENCE OF DISCRIMINATORY INTENT?-AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES v. WASHINGTON, 770 F.2D 1401 (9TH CIR.1985). |
61 Washington Law Review 781 (April, 1986) |
In American Federation of State, County, and Municipal Employees v. Washington, the Ninth Circuit Court of Appeals held that proof of unequal pay for jobs of comparable worth is not sufficient to establish a prima facie case of sex discrimination under Title VII of the Civil Rights Act of 1964. Comparable worth theory postulates that sex-based wage... |
1986 |
| Phillip Mitchell Woolery |
DEATH BEFORE COMPARABLE WORTH: THE LIMITED UTILITY OF COMPARABLE WORTH EVIDENCE IN A TITLE VII CAUSE OF ACTION |
51 Missouri Law Review 811 (Summer, 1986) |
Average pay for women in the United States is less than that for men. This is true despite many years of enforcement of federal and state laws mandating pay equity and prohibiting discrimination in compensation on the basis of sex. Although the magnitude and causes of this pay inequality are subject to dispute, the simple fact remains that women... |
1986 |
| Ann H. Britton |
DELAWARE EMPLOYMENT PRACTICES-A TEN YEAR RETROSPECTIVE |
11 Delaware Journal of Corporate Law 435 (1986) |
Although Delaware courts explicitly affirmed the doctrine of employment at will as recently as 1982, statutes and public policy considerations have made increasingly steady inroads into the doctrine. Arguably, such erosion began with the enactment of the Civil Rights Act of 1866, which is a general prohibition against racial discrimination.... |
1986 |
| Richard G. Kass |
EARLY RETIREMENT INCENTIVES AND THE AGE DISCRIMINATION IN EMPLOYMENT ACT |
4 Hofstra Labor Law Journal 63 (Fall, 1986) |
Early retirement can be an attractive way for employers to structure a workforce while providing benefits to the employee. Through early retirement, an employer can reduce the workforce without inflicting the pain of mass layoffs, make room for affirmative action programs or provide promotion opportunities for the young. The employee can bring a... |
1986 |
| Gretchen K. Heizer |
EMPLOYMENT DISCRIMINATION MAKING THE PUNISHMENT FIT THE CRIME: THE EIGHTH CIRCUIT'S TREATMENT OF DUAL MOTIVE CASES-BIBBS v. BLOCK |
19 Creighton Law Review 941 (1985/1986) |
MY OBJECT ALL SUBLIME I SHALL ACHIEVE IN TIME TO MAKE THE PUNISHMENT FIT THE CRIME W.S. GILBERT DURING THE CONGRESSIONAL DELIBERATIONS REGARDING THE STANDARD OF CAUSATION TO BE APPLIED IN A DISCRIMINATION CASE, ONE SENATOR COMMENTED, IF ANYONE EVER HAD AN ACTION THAT WAS MOTIVATED BY A SINGLE CAUSE, HE IS A DIFFERENT KIND OF ANIMAL FROM ANY I... |
1986 |
| Craig Hunter King |
EMPLOYMENT DISCRIMINATION: THE BURDEN OF PROOF |
13 Southern University Law Review 91 (Fall, 1986) |
The burden of proof in employment discrimination cases is essentially onerous in that it is unreasonably burdensome for the complainant. The effect is that less employment discrimination claims are filed in court. Employment discrimination law has dramatically limited the extent of segregation in this country, but segregation is still a fact of... |
1986 |
| Paul Burstein, Kathleen Monaghan |
EQUAL EMPLOYMENT OPPORTUNITY AND THE MOBILIZATION OF LAW |
20 Law and Society Review 355 (1986) |
During the 1960s and 1970s the American social movement for equal employment opportunity (EEO) succeeded in getting Congress and the courts to prohibit discrimination in employment on the basis of race, religion, national origin, and sex. We believe that the effectiveness of EEO laws depends not just upon their passage, however, but also upon their... |
1986 |
| Stacey B. Babson |
EVALUATION OF SUBJECTIVE SELECTION SYSTEMS IN TITLE VII EMPLOYMENT DISCRIMINATION CASES: A MISUSE OF DISPARATE IMPACT ANALYSIS |
7 Cardozo Law Review 549 (Winter, 1986) |
The urgent need for federal legislation to remove discriminatory barriers that prevent the United States from operating as a united and classless society led to the enactment of the Civil Rights Act of 1964 (Act). Equal employment opportunity falls within the purview of title VII of the Act. Title VII is prohibitive: it does not command that... |
1986 |
| Risa L. Lieberwitz |
FREEDOM OF SPEECH IN PUBLIC SECTOR EMPLOYMENT: THE DECONSTITUTIONALIZATION OF THE PUBLIC SECTOR WORKPLACE |
19 U.C. Davis Law Review 597 (Spring, 1986) |
In recent years, the United States Supreme Court has decided several cases on the speech rights of public employees. The Court's emerging public employee speech doctrine reflects considerations beyond those applied in previous first amendment decisions. This Article identifies the values generally relied upon by the Court in first amendment cases... |
1986 |
| George Rutherglen |
PROCEDURES AND PREFERENCES: REMEDIES FOR EMPLOYMENT DISCRIMINATION |
5 Review of Litigation 73 (Winter, 1986) |
After Regents of the University of California v. Bakke and United Steelworkers v. Weber, preferences on the basis of race became a common remedy for employment discrimination. Bakke held that some preferences established by government were constitutional and Weber held that some preferences voluntarily established by private employers were... |
1986 |
| William L. Corbett |
PROVIDING AND DEFENDING EMPLOYMENT DISCRIMINATION CLAIMS |
47 Montana Law Review 217 (Summer, 1986) |
I. Introduction. 218 II. Disparate Treatment. 219 A. Establishing Plaintiff's Prima Facie Case. 220 1. Refusal to Hire and Discriminatory Denial of Employment Opportunities. 221 2. Discharge and Discipline. 227 B. The Defendant's Burden of Articulating Some Legitimate Non-Discriminatory Reason for the Plaintiff's Rejection. 229 C. The Plaintiff's... |
1986 |
| Howard Eglit |
THE AGE DISCRIMINATION IN EMPLOYMENT ACT'S FORGOTTEN AFFIRMATIVE DEFENSE: THE REASONABLE FACTORS OTHER THAN AGE EXCEPTION |
66 Boston University Law Review 155 (March, 1986) |
The Age Discrimination in Employment Act of 1967, as amended (ADEA), has demonstrated remarkable fecundity in recent years as a source both of requests for administrative redress and of litigation. The federal agency charged with enforcement and administration of the Actthe Equal Employment Opportunity Commission (EEOC) reports that age... |
1986 |
| Janie Kennevick |
THE SIGNIFICANCE OF THE VINSON DECISION ON CORPORATE EMPLOYEES |
12 Journal of Contemporary Law 163 (1986) |
The Vinson v. Taylor decision handed down earlier this year by the U.S. Court of Appeals, D.C. Circuit, reflects a significant development in the judicial system's prior uneven treatment of sexual harassment. Specifically, the Vinson decision addressed the question left unanswered in earlier cases by holding an employer strictly liable under Title... |
1986 |
| Julia Lamber |
ALTERNATIVES TO CHALLENGED EMPLOYEE SELECTION CRITERIA: THE SIGNIFICANCE OF NONSTATISTICAL EVIDENCE IN DISPARATE IMPACT CASES UNDER TITLE VII |
1985 Wisconsin Law Review 1 (1985) |
In contrast to most recent commentary and a superficial reading of Supreme Court cases, Professor Lamber rehabilitates the concept of a distinct disparate impact theory under Title VII of the 1964 Civil Rights Act. She examines one important evidentiary questionthe significance of alternative employee section criteriato expose underlying policy... |
1985 |