Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
A Social Movement History Of Title Vii Disparate Impact Analysis, Susan D. Carle
A Social Movement History Of Title Vii Disparate Impact Analysis, Susan D. Carle
Susan D. Carle
This Article examines the social movement history of Title VII disparate impact law in light of the policy and potential constitutional questions the Court=s recent decision in Ricci v. DeStefano raises. My analysis shows that, contrary to popular assumptions, disparate impact doctrine was not a last-minute, ill-conceived invention of the EEOC following Title VII=s passage, but instead arose out of a moderate, experimentalist regulatory tradition that sought to use law to create incentives to motivate employers to scrutinize and reform employment practices that posed structural bars to employment opportunities for racial minorities, regardless of invidious intent. Non-lawyer activists within the …