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
Mack A. Player APPLICANTS, APPLICANTS IN THE HALL, WHO'S THE FAIREST OF THEM ALL? COMPARING QUALIFICATIONS UNDER EMPLOYMENT DISCRIMINATION LAW 46 Ohio State Law Journal 277 (1985) As a general proposition, employment discrimination statutes do not restrict an employer's ability to establish qualifications for employment and job performance. Title VII of the Civil Rights Act of 1964 (Title VII) prohibits distinctions among applicants on the basis of race, color, religion, sex, or national origin. The Age Discrimination in... 1985
Paul J. Spiegelman COURT-ORDERED HIRING QUOTAS AFTER STOTTS: A NARRATIVE ON THE ROLE OF THE MORALITIES OF THE WEB AND THE LADDER IN EMPLOYMENT DISCRIMINATION DOCTRINE 20 Harvard Civil Rights-Civil Liberties Law Review 339 (Summer, 1985) Employment quotas have been at the center of legal, social scientific, and political controversy for more than two decades. Despite the plethora of views on quotas, and undoubtedly in part because of it, judicial opinions have been especially inarticulate about the reasons courts should order quotas. This Article will focus on one aspect of human... 1985
Claudia Laks Cerutti DIFFERING STANDARDS OF EMPLOYER LIABILITY FOR SEXUAL HARASSMENT OF WORKING WOMEN 27 Arizona Law Review 155 (1985) The twentieth century has brought substantial changes in the legal and socioeconomic status of women. Women have entered the labor market and gained the legal means, under Section 703 of Title VII of the Civil Rights Act, to fight sex-based employment discrimination. Presumably, women are to receive recognition as persons in their own right, based... 1985
Christine O. Merriman, Cora G. Yang EMPLOYER LIABILITY FOR COWORKER SEXUAL HARASSMENT UNDER TITLE VII 13 New York University Review of Law and Social Change 83 (1984/1985) Working women have been victims of sexual harassment at least since they entered the workforce in large numbers. Public awareness of sexual harassment, however, has emerged only in the last decade, during which it has received a barrage of media attention. Since then, sexual harassment in employment has been documented as pervasive, inflicting... 1985
Colleen Cacy EMPLOYERS DUTY OF REASONABLE ACCOMMODATION UNDER TITLE VII-PINSKER v. JOINT DISTRICT NO. 28J 33 University of Kansas Law Review 583 (Spring, 1985) One of the basic liberties granted by the United States Constitution is the right to freely excercise one's religion. This freedom has a limit, however, since it cannot infringe on the rights or duties of others. When an individual's religious practices interfere with his employer's policies, courts must strike a balance between the employee's... 1985
Gail Paulus Sorenson EMPLOYMENT DISCRIMINATION IN EDUCATION: DO RECENT SUPREME COURT CASES SIGNAL RETRENCHMENT IN FEDERAL POLICY? 25 West's Education Law Reporter 1 (1985) Recent responses to two 1984 Supreme Court decisions would suggest that national policy aimed at eliminating employment discriminationand its effectsand its effectsis undergoing substantial retrenchment at the federal level. Although the Constitution does not say, and the Supreme Court has never held, that racial classifications are always... 1985
Cherrie L. Schnaithmann EMPLOYMENT DISCRIMINATION-THE BURDEN OF PROOF IN EMPLOYMENT DISCRIMINATION CASES UNDER THE HUMAN RELATIONS ACT: THE 'BEST ABLE AND MOST COMPETENT' CLAUSE REVISITED-WINN v. TRANS WORLD AIRLINES, -- Pa. --, 484 A.2d 392 (1984). 58 Temple Law Quarterly 307 (Summer, 1985) In Winn v. Trans World Airlines, the Pennsylvania Supreme Court considered the effect of the best able and most competent clause of section 5(a) of the Pennsylvania Human Relations Act (Act) on the allocation of burdens of proof in employment discrimination cases. The court had previously addressed the issue in General Electric Corp. v.... 1985
Deborah A. Calloway EQUAL EMPLOYMENT AND THIRD PARTY PRIVACY INTERESTS: AN ANALYTICAL FRAMEWORK FOR RECONCILING COMPETING RIGHTS 54 Fordham Law Review 327 (December, 1985) TITLE VII of the Civil Rights Act of 1964 prohibits sex discrimination in employment. The statutory prohibition is deceptively simple. It prohibits employers from discriminating against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's . . . sex. Reconciling these words... 1985
Benjamin P. Hyink , Lawrence M. Liebman MIDGETT v. SACKETT-CHICAGO, INC.: THE SHORT-SIGHTED USE OF STATE REMEDIES TO PROTECT UNION EMPLOYEES FROM RETALIATORY DISCHARGE 18 John Marshall Law Review 565 (Spring, 1985) For over fifty years, collective bargaining agreements, arbitration rulings, and decisions of federal agencies, such as the National Labor Relations Board, have governed the resolution of labor/management disputes regarding unjustified employment dismissals. In the past, the doctrine of federal preemption of union employee dismissal law has been... 1985
Stephen J. Shapiro SECTION 1983 CLAIMS TO REDRESS DISCRIMINATION IN PUBLIC EMPLOYMENT: ARE THEY PREEMPTED BY TITLE VII? 35 American University Law Review 93 (Fall, 1985) C1-3TABLE OF CONTENTS Introduction 94 I. The Reconstruction Civil Rights Acts and Title VII. 95 A. The Overlap of Title VII and Section 1983. 95 B. Differences Between Title VII and Section 1983. 99 1. Procedures. 99 2. Remedies. 101 II. The Supreme Court Cases: Does Title VII Preempt Remedies Under the Reconstruction Civil Rights Acts?. 103 A.... 1985
James E. Jones, Jr. THE GENESIS AND PRESENT STATUS OF AFFIRMATIVE ACTION IN EMPLOYMENT: ECONOMIC, LEGAL, AND POLITICAL REALITIES 70 Iowa Law Review 901 (May, 1985) Nineteen eighty-four was an interesting year for retrospectives. We have seen celebrations, or laments, of thirty years since Brown v. Board of Education. Even recent Supreme Court terms yielded cases that still endeavor to make Brown live, or to make even more deliberate the glacial pace of school integration. It was also predictable that there... 1985
Paul E. Mirengoff THE VALIDITY OF COURT-ORDERED EMPLOYMENT QUOTAS: A STATUTORY AND CONSTITUTIONAL ANALYSIS 19 University of Richmond Law Review 797 (Summer, 1985) Although Title VII of the Civil Rights Act of 1964 has produced more than its share of difficult legal and moral issues, none has sparked more controversy than the question of the validity of hiring and promotion quotas. This issue has fueled continuous debate in the popular press and in scholarly journals. It has long divided former allies in the... 1985
Edward J. O'Connell UNION AFFILIATIONS AND THE RIGHTS OF NONUNION EMPLOYEES 53 Fordham Law Review 1443 (May, 1985) It is a common practice for unions to affiliate. The National Labor Relations Board (NLRB or Board) has defined an affiliation as the alignment or association of a union with a new organization when such alignment or association does not result in the dissolution of an already existing union. Affiliations occur in two contexts: Two or more local... 1985
Steven D. Reinbolt CIVIL RIGHTS-EMPLOYMENT DISCRIMINATION-BURDEN OF PROOF-THE PLAINTIFF IN AN EMPLOYMENT DISCRIMINATION SUIT BASED ON TITLE VII AND SECTIONS 1981 AND 1983 MUST PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT THE CHALLENGED EMPLOYMENT DECISION WOULD NOT HAVE OC 53 University of Cincinnati Law Review 863 (1984) In October of 1976, Ida Mary Lewis, a black woman, failed to receive an expected promotion from sales clerk to assistant buyer at the University of Pittsburgh's Book Center. Lewis's educational background was superior to that of Jean Aiello, the white woman who received the promotion to assistant buyer. Additionally, Lewis had much more work... 1984
John A. Tisdale DETERRED NONAPPLICANTS IN TITLE VII CLASS ACTIONS: EXAMINING THE LIMITS OF EQUAL EMPLOYMENT OPPORTUNITY 64 Boston University Law Review 151 (January, 1984) Congress enacted Title VII of the Civil Rights Act of 1964 to create a broad-based remedy for employment discrimination on the basis of race, color, sex, religion, or national origin. The basic purpose of Title VII was to open channels of employment to all minorities. The statute, however, gave no indication as to what types of individuals would be... 1984
Marla Ziegler DISPARATE IMPACT ANALYSIS AND THE AGE DISCRIMINATION IN EMPLOYMENT ACT 68 Minnesota Law Review 1038 (May, 1984) The Age Discrimination in Employment Act of 1967 (ADEA) was enacted to promote employment of older persons based on their ability . . . and to prohibit arbitrary age discrimination in employment. Modeled after title VII of the Civil Rights Act of 1964, the ADEA prohibits employers from using age as a factor in employment decisions or from... 1984
R. Paul Faxon EMPLOYER SANCTIONS FOR HIRING ILLEGAL ALIENS: A SIMPLISTIC SOLUTION TO A COMPLEX PROBLEM 6 Northwestern Journal of International Law and Business 203 (Spring, 1984) United States immigration policy over the course of the last 200 years has evolved from one of open arms to one of racial and qualitative restrictions to one of qualitative and quantitative restrictions. These shifts, fueled by racism, domestic economic conditions including an end to war-time labor shortages, and domestic resource limitations, have... 1984
Beth Marshall EMPLOYMENT DISCRIMINATION: EVIDENTIARY STANDARDS IN EMPLOYMENT DISCRIMINATION SUITS 6 Campbell Law Review 163 (Spring, 1984) The declared legislative policy of North Carolina in the area of employment is . . . to protect and safeguard the right and opportunity of all persons to seek, obtain and hold employment without discrimination or abridgement on account of race, religion, color, national origin, age, sex or handicap . . .. The policy extends to state employees as... 1984
David J. Burge EMPLOYMENT DISCRIMINATION-DEFINING AN EMPLOYER'S LIABILITY UNDER TITLE VII FOR ON-THE-JOB SEXUAL HARASSMENT: ADOPTION OF A BIFURCATED STANDARD 62 North Carolina Law Review 795 (April, 1984) Sexual harassment has been characterized as the most widespread problem women face in the workforce. Such harassment constitutes a real economic barrier to career advancement by women, especially in nontraditional jobs. Moreover, it can inflict significant emotional and psychological injury upon the victim. In response to this growing problem,... 1984
Diane Sanders Peake EMPLOYMENT DISCRIMINATION-WRIGHT v. OLIN CORP.: TITLE VII AND THE EXCLUSION OF WOMEN FROM THE FETALLY TOXIC WORKPLACE 62 North Carolina Law Review 1068 (June, 1984) During the past decade, women have altered dramatically this country's workforce by entering the job market at an estimated rate of two million per year. This increase in the number of women workers has been accompanied by an increase in the awareness of reproductive hazards associated with exposure to certain chemicals in the workplace. Although... 1984
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
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