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Administrative Law-Incompleted Title Vii Administrative Proceedings Not-Terminated By Judicial Review- Federal Employee May Present New Evidence In Court Jan 1976

Administrative Law-Incompleted Title Vii Administrative Proceedings Not-Terminated By Judicial Review- Federal Employee May Present New Evidence In Court

University of Richmond Law Review

The Equal Employment Opportunity Act of 1972 (EEOA) extended certain provisions of Title VII of the Civil Rights Act of 1964 to federal employees. One such provision extended is contained in § 717(c) . Under this section a federal employee alleging employment discrimination is granted access to a United States district court in two situations: when administrative relief is not provided within 180 days after the filing of the original complaint; or, upon final action being taken by either the agency involved or the Civil Service Commission.


Critique: A Defendant's View, Robert H. Patterson Jr., J. Robert Brame Iii Jan 1976

Critique: A Defendant's View, Robert H. Patterson Jr., J. Robert Brame Iii

University of Richmond Law Review

In ten years, employers have become subject to an imposing body of law regulating employment practices. This law has created two immense problems for the employer. First, enforcement of these laws is frequently capricious, arbitrary and unfair. Second, recent decisions strip the employer of his most reliable methods for selecting skilled, productive workers and threaten the efficiency of American industry.


A Guide To The Law Of Fair Employment, Benjamin Werne Jan 1976

A Guide To The Law Of Fair Employment, Benjamin Werne

University of Richmond Law Review

In the field of civil rights, there are broad, cumulative remedies available to the aggrieved party. The fabric of these remedies is an amalgam of various and varying statutes, judicial holdings, administrative determinations and arbitral awards. The following article attempts a distillation of current law-much of which is further complicated by conflicting decisions.


The Class Action And Title Vii- An Overview Jan 1976

The Class Action And Title Vii- An Overview

University of Richmond Law Review

The class action device and Title VII enforcement go hand in hand. In a proper case, a suit alleging a violation of Title VII is by nature a class action since it attempts to remedy the effects of employment discrimination on the basis of a class characteristic. As in any other case, however, a class action is permitted only if the requirements of Rule 23 of the Federal Rules of Civil Procedure are met. Before certifying an action as a class action' the court must determine that (1) the class is so numerous that joinder of its members is impracticable …


Critique: A Plaintiff's View, Henry L. Marsh Iii Jan 1976

Critique: A Plaintiff's View, Henry L. Marsh Iii

University of Richmond Law Review

No greater challenge confronts persons seeking to enjoy America's promise of "equality and justice for all" than that of enforcing the clear congressional mandate that all forms of discrimination based on race, religion, nationality and sex be eliminated. It follows then that the continued existence of such discrimination constitutes a great danger to the moral and economic well-being of our nation.


Civil Rights-Sex Discrimination-Employer's Denial Of Disability Benefits Held To Violate Title Vii Of The 1964 Civil Rights Act Jan 1976

Civil Rights-Sex Discrimination-Employer's Denial Of Disability Benefits Held To Violate Title Vii Of The 1964 Civil Rights Act

University of Richmond Law Review

Prior to 1971 women found little relief in the courts for claims of sex discrimination. The Supreme Court upheld almost all legislation designed for the "protection" of women, predicated on their virtue, their health, or the "well being of [their] race." The first major legislative prohibition of sex discrimination, outside of judicial interpretation of the equal protec- tion clause, is found in Title VII of the 1964 Civil Rights Act. It seems ironic that a provision on sex discrimination, today a frequently litigated issue, was amended to Title VII almost as an afterthought.