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Proving Qualification In A University Setting: Mcdonnell Douglas And The Tenure Cases, Kathryn A. Wikman, Kathryn A. Wikman, Kathryn A. Wikman, Kathryn A. Wikman
Proving Qualification In A University Setting: Mcdonnell Douglas And The Tenure Cases, Kathryn A. Wikman, Kathryn A. Wikman, Kathryn A. Wikman, Kathryn A. Wikman
Fordham Urban Law Journal
The scenario is frequently the same: a minority candidate who holds a probationary faculty position at a college or university is denied tenure. Though the institution claims that the denial was based on the candidate's deficiency in one of three important areas, he suspects that, in reality, the denial was based on his minority status. The unsuccessful candidate's recourse, after exhausting internal grievance procedures, is to sue under Title VII of the Civil Rights Act of 1964. In 1973, the Supreme Court in McDonnell Douglas v. Green described for the first time a method of analysis to be utilized in …
Employers' Garnishment Policies - Do They Engender Racial Discrimination In Violation Of Title Vii And The Civil Rights Act Of 1866?, Amy S. Vance
Fordham Urban Law Journal
This note evaluates the hypothesis that employment policies which mandate suspension or discharge for multiple garnishments are racially discriminatory. It considers the methods of challenge such as a claim under Title VII of the Civil Rights Act of 1964, the lack of consensus between the courts and the Equal Employment Opportunity Commission (EEOC), and also emerging issues. The note finds that the legality of employment practices imposing disciplinary action against garnished employees is left uncertain. Proof of a disproportionate effect on minorities employees may be adequate, although a satisfactory showing of business necessity may be a defense against a claim …