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Comparative and Foreign Law

2007

Labor and Employment Law

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Discrimination At Will: Job Security Protections And Equal Employment Opportunity In Conflict, Julie C. Suk Feb 2007

Discrimination At Will: Job Security Protections And Equal Employment Opportunity In Conflict, Julie C. Suk

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The conventional wisdom amongst scholars and advocates of employment discrimination law is that the success of Title VII is significantly hampered by the enduring doctrine of employment at will. As long as employers have broad discretion to fire employees for any reason, no reason, or a bad reason, employers can easily get away with terminating or refusing to promote racial minorities and women as long as some credible nondiscriminatory reason, such as personal animosity, can be presented. This account feeds the widely accepted view that employment at will and the goals of Title VII, namely equal employment opportunity, are at …