Author | Title | Citation | Summary | Year |
Martin K. Denis |
HOW TO IDENTIFY EMPLOYMENT DISCRIMINATION RETALIATION CLAIMS |
66-NOV Chicago Bar Record 168 (November, 1984) |
Most employers are familiar with the various statutes that prohibit discrimination in hiring, promoting and discharging employees. Of less public awareness, but of equal significance, is the protection these same statutes accord to applicants or employees who protest alleged discriminatory employment practices, either through internal complaints or... |
1984 |
Betsey Nathan |
THE SECOND CIRCUIT STRIKES A BALANCE BETWEEN ACADEMIC FREEDOM AND INDIVIDUAL EMPLOYMENT RIGHTS: GRAY v. BOARD OF HIGHER EDUCATION |
50 Brooklyn Law Review 627 (Spring, 1984) |
In 1972, the Equal Employment Opportunity Act brought educational institutions within the scope of the Civil Rights Act of 1964 (Title VII). This extension of coverage reflected a developing awareness, nationally, that the academic community was not immune from discriminatory employment practices. The claims of discrimination in academic promotion... |
1984 |
Nancy E. Dowd |
THE TEST OF EMPLOYEE STATUS: ECONOMIC REALITIES AND TITLE VII |
26 William and Mary Law Review 75 (Fall, 1984) |
Title VII of the 1964 Civil Rights Act prohibits employment discrimination in the broadest possible terms. As the Supreme Court stated in Griggs v. Duke Power Co., t he objective of Congress in the enactment of Title VII is plain. . . . It was to achieve equality of employment opportunities. . . by the removal of artificial, arbitrary, and... |
1984 |
James E. Youngdahl |
UNION STANDING IN PROSECUTION OF EMPLOYMENT DISCRIMINATION LITIGATION: QUESTIONS OF CLASS |
38 Arkansas Law Review 24 (1984) |
Two decades ago Congress passed the first comprehensive ban on employment discrimination in the history of the nation. Since July, 1965, it has been a remediable unfair employment practice for employers, labor organizations, or employment agencies to discriminate because of race, sex, religion, or national origin. The deluge of litigation which... |
1984 |
Marjorie Gelb , JoAnne Frankfurt |
CALIFORNIA'S FAIR EMPLOYMENT AND HOUSING ACT: A VIABLE STATE REMEDY FOR EMPLOYMENT DISCRIMINATION |
34 Hastings Law Journal 1055 (May/July, 1983) |
Fair employment laws, which originated in this country in 1941 when President Franklin D. Roosevelt issued an executive proclamation prohibiting race discrimination in government defense contracts, have increased in scope substantially over the years. The California Fair Employment Practices Act was passed in 1959, and was followed five years later... |
1983 |
Laurie A. Lewis |
DILUTING RELIEF UNDER TITLE VII: FORD MOTOR CO. v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION-EMPLOYMENT OFFER ABSENT RETROACTIVE SENIORITY EFFECTIVE IN TOLLING BACKPAY |
32 Catholic University Law Review 665 (Spring, 1983) |
Victims of unlawful employment discrimination practices may seek appropriate judicial relief under section 706(g) of the Civil Rights Act of 1964. Courts granting remedies under this section are guided by the two main objectives of title VII. First, the statute was designed to prohibit employment practices creating inequality on the basis of race,... |
1983 |
Mark A. Rothstein |
EMPLOYEE SELECTION BASED ON SUSCEPTIBILITY TO OCCUPATIONAL ILLNESS |
81 Michigan Law Review 1379 (May, 1983) |
C1-3TABLE OF CONTENTS INTRODUCTION. 1381 I. THE BIOLOGICAL BASIS OF INCREASED RISK. 1382 A. Genetic-Based Increased Risk. 1384 1. Biochemical Genetic Factors. 1384 a. Sickle cell. 1385 b. G-6-PD deficiency. 1386 c. SAT deficiency. 1387 2. HLA System. 1388 B. Nonoccupational Environmental Factors. 1388 1. Increased Risk Based on Innate... |
1983 |
Pamela Reasor Hanebutt |
EMPLOYMENT DISCRIMINATION-AMERICAN TOBACCO CO. v. PATTERSON: SECTION 703(H) OF THE CIVIL RIGHTS ACT OF 1964 EXTENDS A "MEASURE OF IMMUNITY" TO SENIORITY SYSTEMS ADOPTED AFTER THE ENACTMENT OF TITLE VII |
58 Tulane Law Review 386 (October, 1983) |
John Patterson, a black male, brought suit against his employer, the American Tobacco Company, and the Tobacco Workers' International Union, alleging racial discrimination in hiring and promotional practices in violation of Title VII of the Civil Rights Act of 1964. The district court found that although the petitioners' current hiring practices... |
1983 |
Kenneth L. Homick |
EMPLOYMENT DISCRIMINATION-EMPLOYER'S CONTENTION THAT PROMOTION PROCEDURES RESULTED IN A "BOTTOM LINE"' IMPACT FAVORABLE TO MINORITIES DOES NOT NEGATE A PRIMA FACIE CASE OF EMPLOYMENT DISCRIMINATION UNDER TITLE VII- CONNECTICUT v. TEAl, 457 U.S. 440 (1982) |
56 Temple Law Quarterly 1045 (Fall 1983) |
In Connecticut v. Teal, the United States Supreme Court considered allegations that a two-part promotion procedure was racially discriminatory. The Court held that plaintiffs could establish a prima facie case of employment discrimination under Title VII of the Civil Rights Act of 1964 by showing that the first part of a promotion procedure... |
1983 |
Joel Wm. Friedman |
FAIR EMPLOYMENT LEGISLATION IN LOUISIANA: A CRITIQUE OF THE 1983 ACT AND A PROPOSED SUBSTITUTE STATUTE |
58 Tulane Law Review 444 (November, 1983) |
In 1964, Congress enacted an omnibus civil rights statute outlawing discrimination in several sectors of American society. Title VII of the 1964 Civil Rights Act prohibits employment discrimination by private and public employers on the basis of race, color, religion, sex, and national origin. While this federal law has served as the major vehicle... |
1983 |
Robert Belton |
HARNESSING DISCRETIONARY JUSTICE IN THE EMPLOYMENT DISCRIMINATION CASES: THE MOODY AND FRANKS STANDARDS |
44 Ohio State Law Journal 571 (1983) |
The proliferation of federal discrimination statutes has posed for the federal courts new and difficult questions that have generated a new round of debate concerning the role of the judiciary in a modern statutory setting. Part of the debate concerns the authority of the federal courts pursuant to the doctrine of equitable discretion to deny or... |
1983 |
by Peter G. Kilgore |
IDENTIFYING EMPLOYEES FOR PURPOSES OF EEO COMPLIANCE: OPENING PANDORA'S BOX |
30 Federal Bar News and Journal 445 (November, 1983) |
Identification of race and ethnic status is an essential factor in determining an employer's compliance with various equal employment opportunity laws. Statistical evidence of the minority composition of an employer's workforce is used in determining whether discrimination has occurred under Title VII of the Civil Rights Act of 1964 and in... |
1983 |
Barry Bennett Kaufman |
PREFERENTIAL HIRING POLICIES FOR OLDER WORKERS UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT |
56 Southern California Law Review 825 (March, 1983) |
Since the advent of the Social Security system some fifty years ago, there has existed an implicit social contract that the working generation will support, either privately or publicly, the retired and disabled generations. In recent years, however, economists and social planners have expressed grave concern over the continued feasibility of this... |
1983 |
Earl M. Maltz |
TITLE VII AND UPPER LEVEL EMPLOYMENT-A RESPONSE TO PROFESSOR BARTHOLET |
77 Northwestern University Law Review 776 (February, 1983) |
A recurrent problem in the law of employment discrimination is the difficulty of determining the appropriate standards to apply in suits under title VII of the Civil Rights Act of 1964 (title VII) that charge discrimination in upper level jobs. The problem is particularly acute in cases in which plaintiffs base their claims not on employers'... |
1983 |
Harry F. Tepker, Jr. |
TITLE VII, EQUAL EMPLOYMENT OPPORTUNITY, AND ACADEMIC AUTONOMY: TOWARD A PRINCIPLED DEFERENCE |
16 U.C. Davis Law Review 1047 (Summer, 1983) |
In 1972, Congress extended title VII of the Civil Rights Act of 1964 to higher educational institutions. The federal courts have since struggled with the problems of defining and discerning employment discrimination in academic environments. Initially, courts enforced title VII against educational institutions with reservation and reluctance.... |
1983 |
Kevin E. Teel |
EMPLOYMENT DISCRIMINATION AND THE SENIORITY SYSTEM EXCEPTION: AMERICAN TOBACCO CO. v. PATTERSON |
36 Southwestern Law Journal 1039 (November, 1982) |
THE American Tobacco Company operated two plants that manufactured tobacco products in Richmond, Virginia. The Tobacco Workers' International Union and its affiliate Locals 182 and 216 were the collective bargaining agents for hourly paid production workers at the company's plants. Each plant was divided into two departments, and prior to 1963 the... |
1982 |
|
FREE SPEECH, THE PRIVATE EMPLOYEE, AND STATE CONSTITUTIONS |
91 Yale Law Journal 522 (January, 1982) |
All too frequently, individual employees who express personal political views obnoxious to their employers are discharged from their jobs or subjected to other forms of retaliation. Federal constitutional guarantees protect public employees, but do not extend to workers in the private sector. Moreover, the National Labor Relations Act and analogous... |
1982 |
|
RACIAL DISCRIMINATION IN EMPLOYMENT |
96 Harvard Law Review 278 (November, 1982) |
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against any individual on the basis of race, color, religion, sex, or national origin. Section 703(h) of the Civil Rights Act, however, allows an employer to provide different compensation or other privileges to employees pursuant to a bona fide seniority system and to... |
1982 |
George R. Kramer |
TITLE VII ON CAMPUS: JUDICIAL REVIEW OF UNIVERSITY EMPLOYMENT DECISIONS |
82 Columbia Law Review 1206 (October, 1982) |
University employment practices have long been purely internal matters, beyond the concern of the federal government. This tradition of noninterference ended when title VII of the Civil Rights Act of 1964 was extended to racial or gender discrimination in university employment. Many courts applying title VII have, however, given universities so... |
1982 |
Thomas O. McGarity , Elinor P. Schroeder |
RISK-ORIENTED EMPLOYMENT SCREENING |
59 Texas Law Review 999 (August, 1981) |
I. Introduction. 1000 II. Description of Risk-Oriented Screens. 1004 A. Gender. 1004 B. Age. 1006 C. Physical Stature. 1007 D. Disabilities and Handicaps. 1008 1. Disabilities Increasing Workplace Risks. 1008 2. Disabilities Increasing Employee Vulnerability. 1012 III. Employment Screening and Market Decisions. 1013 A. The Pure Economic Model. 1013... |
1981 |
William B. Gould |
THE SUPREME COURT'S LABOR AND EMPLOYMENT DOCKET IN THE 1980 TERM: JUSTICE BRENNAN'S TERM |
53 University of Colorado Law Review 1 (Fall, 1981) |
C1-2CONTENTS I. NLRB Unfair Labor Practice Cases A. Employer Has No Duty to Bargain Over the Decision to Close Partially Its Business.. 5 L1-2 First National Maintenance Corp. v. NLRB B. Union Economic Pressure to Compel Employer to Contribute to a Pension or Welfare Fund: Trustees are not Collective Bargaining Representatives.. 18 L1-2 NLRB v.... |
1981 |
Bernard H. Friedman |
TITLE IX DOES NOT APPLY TO FACULTY EMPLOYMENT |
1981 Duke Law Journal 566 (June, 1981) |
Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in any educational program or activity receiving federal financial assistance. In 1975 the Department of Health, Education, and Welfare (HEW) promulgated regulations implementing Title IX. Subpart E of these regulations, entitled Discrimination on the Basis... |
1981 |
|
TITLE VII AND CONGRESSIONAL EMPLOYEES: THE "CHILLING EFFECT" AND THE SPEECH OR DEBATE CLAUSE |
90 Yale Law Journal 1458 (May, 1981) |
Protection from discrimination in employment on the basis of race, creed, sex, and place of national origin is a fundamental national policy of constitutional dimension. Congress, however, has consistently exempted itself from its own fair employment laws, gaining for itself a reputation as the nation's last plantation. Extension to congressional... |
1981 |
|
ELIMINATING SEX DISCRIMINATION IN EDUCATIONAL INSTITUTIONS: DOES TITLE IX REACH EMPLOYMENT? |
129 University of Pennsylvania Law Review 417 (December, 1980) |
Title IX of the Education Amendments of 1972 was among the many remedial measures enacted by the Ninety-second Congress to address congressional concerns about gender-based discrimination. Title IX prohibits discrimination on the basis of sex in educational programs or activities receiving federal financial assistance. Each agency distributing... |
1980 |
Kimberley A. Bieter |
THE EMPLOYMENT INTEREST AND AN IRRATIONAL APPLICATION OF THE RATIONALITY TEST: NEW YORK CITY TRANSIT AUTHORITY v. BEAZER |
51 University of Colorado Law Review 641 (Summer, 1980) |
In New York City Transit Authority v. Beazer the United States Supreme Court addressed the issue of whether methadone users constitutionally may be denied employment. The case concerned the Transit Authority's enforcement of a general policy of not employing persons who use narcotic drugs. While that policy was successfully challenged in the lower... |
1980 |
Robert Brousseau |
TOWARD A THEORY OF RIGHTS FOR THE EMPLOYMENT RELATION |
56 Washington Law Review 1 (December, 1980) |
Recent cases from the several corners of labor law leave the impression that there exists in this important branch of the law some confusion as to the nature of the rights and obligations which it treats. There is a clear tendency to deal with the myriad cases ad hoc, in accordance with principles and prejudices drawn from the general jurisprudence... |
1980 |
Jonathan B. Schwartz |
COMMERCIAL TREATIES AND THE AMERICAN CIVIL RIGHTS LAWS: THE CASE OF JAPANESE EMPLOYERS |
31 Stanford Law Review 947 (May, 1979) |
Two cases currently in federal district court pose an entirely novel question for American civil rights law. The plaintiffs in both cases allege that Japanese-owned companies doing business in the United States have violated the American civil rights laws by discriminating impermissibly in choosing their managerial staff to work in the United... |
1979 |
|
THE COST OF GROWING OLD: BUSINESS NECESSITY AND THE AGE DISCRIMINATION IN EMPLOYMENT ACT |
88 Yale Law Journal 565 (January, 1979) |
In passing the Age Discrimination in Employment Act (ADEA), Congress resolved to promote and protect the rights of older workers, including their right not to be discharged on the basis of age. Securing this right may require employer expenditures, just as employers have elsewhere been forced to bear additional costs in order to further the... |
1979 |
Elaine W. Shoben |
DIFFERENTIAL PASS-FAIL RATES IN EMPLOYMENT TESTING: STATISTICAL PROOF UNDER TITLE VII |
91 Harvard Law Review 793 (February, 1978) |
In this Comment, Professor Shoben advocates the use of a statistical techniquea test of the difference between independent proportionsto assess the substantiality of differences in pass rates among various groups on employment tests, in order to facilitate determination of disproportionate impact under title VII of the Civil Rights Act of 1964.... |
1978 |
Lieutenant Colonel George M. Nakano, USAF |
EQUAL EMPLOYMENT OPPORTUNITY CIVIL SUITS: AN ANALYSIS OF THEIR IMPACT |
20 Air Force Law Review 119 (1978) |
There is an easy rule to know upon a sudden, whether the action 1 be to do, be against the law of nature of not: and it is but this, That a man imagine himself in the place of the parly with whom he hath to do, and reciprocally him in his; which is not more but a changing (as it were) of the scales. For every man's passion weigheth heavy in his own... |
1978 |
John P. Dean |
TITLE VII AND PUBLIC EMPLOYERS: DID CONGRESS EXCEED ITS POWERS? |
78 Columbia Law Review 372 (March, 1978) |
Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of race, religion, sex or national origin by most employers engaged in industries affecting interstate commerce. It provides remedies for persons who have been victims of such discrimination, and allows the federal government to take action against... |
1978 |
Elaine W. Shoben |
PROBING THE DISCRIMINATORY EFFECTS OF EMPLOYEE SELECTION PROCEDURES WITH DISPARATE IMPACT ANALYSIS UNDER TITLE VII |
56 Texas Law Review 1 (December, 1977) |
Last term the Supreme Court handed down three decisions in which it defined with some precision the proper use of statistics in Title VII cases. Those decisions filled a void that had existed since Griggs v. Duke Power Co., but they left some questions unanswered. In this article Professor Shoben discusses those decisions and addresses the issues... |
1977 |
|
DAMAGES FOR FEDERAL EMPLOYMENT DISCRIMINATION: SECTION 1981 AND QUALIFIED EXECUTIVE IMMUNITY |
85 Yale Law Journal 518 (March, 1976) |
For over a decade, Congress has sought to eliminate racial discrimination in employment. The effort began with the passage of Title VII of the Civil Rights Act of 1964, aimed at private employment discrimination. In 1972, Congress amended Title VII with the Equal Employment Opportunity Act. Section 717, added by that Act, extended Title VII to... |
1976 |
Nicholas G. Miller |
INSURANCE FOR EX-OFFENDER EMPLOYEES: A PROPOSAL |
28 Stanford Law Review 333 (January, 1976) |
Released criminal offenders consistently have difficulty obtaining the employment that is vital to their successful reintegration into society. This hardship emanates partially from simple employer reluctance to hire persons with criminal records. While the causes of this discrimination are not altogether certain, fear of monetary loss is clearly a... |
1976 |
Ray Guy |
ADMINISTRATIVE LAW |
53 Texas Law Review 1509 (November, 1975) |
Federal civilian employee Helen Bowers pursued her complaint of racial discrimination by her supervisors through all available administrative levels losing at each stagebefore bringing suit in a federal district court. Bowers invoked federal jurisdiction under 42 U.S.C. ยง 1981, the corresponding jurisdictional statutes, and the judicial review... |
1975 |
|
BEYOND THE PRIMA FACIE CASE IN EMPLOYMENT DISCRIMINATION LAW: STATISTICAL PROOF AND REBUTTAL |
89 Harvard Law Review 387 (December, 1975) |
Reliance upon statistical methods of proof is common in discrimination suits. In the field of employment discrimination, for example, the demonstration of a disparity between a minority's presence in the pool qualified for a position and its representation in the group selected for that position has been a critical step in the establishment of a... |
1975 |
Stephen F. Lazor |
JURY TRIAL IN EMPLOYMENT DISCRIMINATION CASES-CONSTITUTIONALLY MANDATED? |
53 Texas Law Review 483 (March, 1975) |
In increasing numbers, the victims of racially discriminatory employment practices invoke federal jurisdiction to redress violations of their civil rights. Claimants predicate their suits on Title VII of the Civil Rights Act of 1964, on a statutory derivative of the Civil Rights Act of 1866, and, when the requisite state action is involved, on a... |
1975 |
Howard F. Fine |
PLANT SENIORITY AND MINORITY EMPLOYEES: TITLE VII'S EFFECT ON LAYOFFS |
47 University of Colorado Law Review 73 (Fall, 1975) |
Deteriorating economic conditions necessitating large-scale cutbacks in the workforce illumine for the first time a clash between the national dedication to minority rights articulated in the civil rights acts and the traditional attachment to seniority systems held inviolable by American workers. The controversy calls into question the... |
1975 |
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LABOR LAW--PROTECTED ACTIVITY--CONCERTED ACTIVITIES TO ACHIEVE RACIALLY NONDISCRIMINATORY EMPLOYMENT CONDITIONS ARE PROTECTED BY THE NLRA EVEN THOUGH UNAUTHORIZED BY THE UNION |
87 Harvard Law Review 656 (January, 1974) |
In April 1968, several black employees of the Emporium, a San Francisco department store, complained to their union representative that management was discriminating against racial minorities in its promotion policies. After discussions with the Emporium and an investigation of the charges, the union concluded that the store had been acting... |
1974 |
William B. Gould |
THE SEATTLE BUILDING TRADES ORDER: THE FIRST COMPREHENSIVE RELIEF AGAINST EMPLOYMENT DISCRIMINATION IN THE CONSTRUCTION INDUSTRY |
26 Stanford Law Review 773 (April, 1974) |
Mr. Tobin: Total membership in the Union (Plumbers' Union No. 12, in Boston) . is approximately 1,200 working on building construction. Rev. Drinan: And the minority membership is what? Mr. Tobin: Eleven apprentices and two journeymen. Rev. Drinan: How does that compare with ten or fifteen years ago? Mr. Tobin: Excellent. In other words,... |
1974 |
William J. Isaacson , William C. Zifchak |
AGENCY DEFERRAL TO PRIVATE ARBITRATION OF EMPLOYMENT DISPUTES |
73 Columbia Law Review 1383 (November, 1973) |
C1-3Table of Contents Introduction. 1383 I. Development of the Deferral Doctrine Through Collyer. 1385 A. The Triumph of Arbitration in the Courts. 1385 B. The NLRB and the Precursors of Collyer. 1387 C. The Collyer Decision. 1390 II. Development of the Deferral Doctrine Since Collyer. 1392 A. Applications of the Collyer Doctrine. 1393 1.... |
1973 |
Judith Bartnoff |
TITLE VII AND EMPLOYMENT DISCRIMINATION IN "UPPER LEVEL" JOBS |
73 Columbia Law Review 1614 (December, 1973) |
Title VII of the Civil Rights Act of 1964 has proved a powerful weapon against employment discrimination because of race, color, religion, sex or national origin. It has provided a basis for successful attacks upon a number of once-common discriminatory employment practices. But nearly all such litigation to date has focused on discrimination in... |
1973 |
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CIVIL RIGHTS - EMPLOYMENT DISCRIMINATION - COMPANY RULE CALLING FOR DISCHARGE AFTER SEVERAL WAGE GARNISHMENTS DISCRIMINATES AGAINST BLACK EMPLOYEES IN VIOLATION OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. - JOHNSON v. PIKE CORP. OF AMERICA, 332 F.SUPP. |
85 Harvard Law Review 1482 (May, 1972) |
Last term in Griggs v. Duke Power Co., the Supreme Court sanctioned the use of Title VII of the 1964 Civil Rights Act to prohibit employment practices which disproportionately limited the opportunities of minority group members, even when the employer had no intent to discriminate. In Johnson v. Pike Corp. of America, Judge Ferguson, by a... |
1972 |
|
EMPLOYMENT TESTING: THE AFTERMATH OF GRIGGS V. DUKE POWER COMPANY |
72 Columbia Law Review 900 (May, 1972) |
The growing importance of testing in America has been well documented. Long used to determine educational opportunities, tests are now used increasingly to determine occupational opportunities as well. Ability tests so utilized often decide who will be hired, transferred, or promoted for jobs ranging from menial to high executive. Various levels of... |
1972 |
Herbert N. Bernhardt |
GRIGGS V. DUKE POWER CO.: THE IMPLICATIONS FOR PRIVATE AND PUBLIC EMPLOYERS |
50 Texas Law Review 901 (May, 1972) |
Social scientists have long been aware of the potential for racial discrimination in the standardized tests widely used to screen job applicants. Last term, the Supreme Court took a broad swipe at these tests in Griggs v. Duke Power Co., outlawing those not strictly designed to predict job success. Professor Bernhardt discusses some of the... |
1972 |
George R. Bedell |
CIVIL RIGHTS |
49 Texas Law Review 141 (December, 1970) |
Plaintiff, a Negro, was hired by Litton Systems, Inc., as a sheet metal mechanic. Before beginning work, plaintiff was required to complete an information form, in which he disclosed that, although never convicted of a crime, he had been arrested fourteen times for nontraffic offenses. Pursuant to its policy of not hiring any applicant who had been... |
1970 |
Antonia H. Chayes , Christopher L. Kaufman , Raymond L. Wheeler, Jr. |
THE UNIVERSITY'S ROLE IN PROMOTING MINORITY GROUP EMPLOYMENT IN THE CONSTRUCTION INDUSTRY |
119 University of Pennsylvania Law Review 91 (November, 1970) |
Guaranteeing equal employment opportunity in federally created jobs has traditionally been at the forefront of the Government's attack on nationwide racial discrimination. This emphasis reflects the Government's ostensibly great ability to change patterns of employment where the sanction of withholding federal funds is available. A series of... |
1970 |
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III. STANDARDIZED EMPLOYMENT TESTS |
82 Harvard Law Review 1637 (June, 1969) |
Standardized employment tests play a major role in American industry. Employers rely on tests to determine who will be hired, who will be promoted, and who will be assigned the most desirable jobs. Sometimes the tests are used on a competitive basis: an available position goes to the highest scorer of a group. More often tests are used to determine... |
1969 |
George Cooper , Richard B. Sobol |
SENIORITY AND TESTING UNDER FAIR EMPLOYMENT LAWS: A GENERAL APPROACH TO OBJECTIVE CRITERIA OF HIRING AND PROMOTION |
82 Harvard Law Review 1598 (June, 1969) |
An employer's use of test scores and seniority rules to govern hiring, promotion, layoffs, and transfers can significantly disadvantage members of minority groups, who have often been prevented by past discrimination from earning seniority or acquiring test-taking skills. The authors maintain that when this is the case, use of tests and seniority... |
1969 |
Captain James T. Austin |
THE STAFF JUDGE ADVOCATE AND NONDISCRIMINATION IN AIR FORCE EMPLOYMENT PRACTICES |
11 Air Force Law Review 285 (Summer, 1969) |
In a recent memorandum to all the civilian employees of the Department of Defense, the former Secretary of Defense, Clark M. Clifford, stated: I wish to reaffirm that the principle of equal employment opportunity without regard to race, creed, color or national origin, must and will continue to command total support throughout the Department of... |
1969 |