Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

PDF

Constitutional Law

Selected Works

Discrimination

2011

Articles 1 - 4 of 4

Full-Text Articles in Entire DC Network

The Role Of Fault And Motive In Defining Discrimination: The Seniority Question Under Title Vii, Mark S. Brodin Oct 2011

The Role Of Fault And Motive In Defining Discrimination: The Seniority Question Under Title Vii, Mark S. Brodin

Mark S. Brodin

Seniority systems play an important role in American industry, often governing rights to promotion, pay scales, layoff, and relative entitlement to ancillary benefits. Seniority based decision making protects employees from arbitrary employer action, yet seniority's same protective feature often may frustrate minorities' efforts to achieve actual equal employment opportunity Relying on Title Vii's section 703(h), the Supreme Court has held that seniority systems are immune from attack unless discriminatory intent is shown. In this Article, Professor Brodin reviews the evolution of the intent standard now governing seniority system challenges. He contrasts the Supreme Court's restrictive definition of intent in the …


Discrimination Cases In The 2001 Term Of The Supreme Court (Symposium: The Fourteenth Annual Supreme Court Review), Eileen Kaufman Jul 2011

Discrimination Cases In The 2001 Term Of The Supreme Court (Symposium: The Fourteenth Annual Supreme Court Review), Eileen Kaufman

Eileen Kaufman

No abstract provided.


Discrimination Cases (The Supreme Court And Local Government Law: The 1995-1996 Term), Eileen Kaufman Jul 2011

Discrimination Cases (The Supreme Court And Local Government Law: The 1995-1996 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.


Discrimination Cases In The 2000 Term, Eileen Kaufman Mar 2011

Discrimination Cases In The 2000 Term, Eileen Kaufman

Eileen Kaufman

No abstract provided.