Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Breaking Down Bias: Legal Mandates Vs. Corporate Interests, Jamillah Bowman Williams
Breaking Down Bias: Legal Mandates Vs. Corporate Interests, Jamillah Bowman Williams
Washington Law Review
Bias and discrimination continue to limit opportunities and outcomes for racial minorities in American institutions in the twenty-first century. The diversity rationale, touting the broad benefits of inclusion, has become widely accepted by corporate employers, courts, and universities. At the same time, many view a focus on antidiscrimination law and the threat of legal enforcement as outmoded and ineffective. Thus, many organizations talk less in terms of the mandates of laws such as the 1964 Civil Rights Act, or a “legal case,” and more in terms of a “business case” where benefits of inclusion seem to accrue to everyone. It …
Quick, Stop Hiring Old People! How The Eleventh Circuit Opened The Door For Discriminatory Hiring Practices Under The Adea, Samantha Pitsch
Quick, Stop Hiring Old People! How The Eleventh Circuit Opened The Door For Discriminatory Hiring Practices Under The Adea, Samantha Pitsch
Washington Law Review
Do not discriminate against older persons. It seems like a simple mandate. However, the statute creating that mandate, the Age Discrimination in Employment Act (“ADEA”), has been anything but simple to implement. The details of the ADEA—who can bring a claim, and what kind of claim they can bring—have been extensively litigated since its inception. In 2016, the Eleventh Circuit, sitting en banc, decided that an employer could discriminate against older applicants by having a policy of not hiring people who have been out of college for a certain number of years, or who have a certain number of years …