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Proving Discrimination After Price Waterhouse And Wards Cove, Candace Kovacic-Fleischer
Proving Discrimination After Price Waterhouse And Wards Cove, Candace Kovacic-Fleischer
Articles in Law Reviews & Other Academic Journals
INTRODUCTION Anyone involved in litigation under Title VII of the Civil Rights Act of 19641 or similar state statutes may wonder what is entailed in proving or disproving discrimination after the United States Supreme Court's October 1988 Term. In fact, in the pending Civil Rights Act of 1990, Congress is considering reversing some of what the Supreme Court did during that Term. One of the issues that the Supreme Court addressed during the 1988 Term involved allocating burdens of proof in two major types of Title VII claims, dis- parate-treatment and disparate-impact. Price Waterhouse v. Hopkins, dealt with a disparate-treatment …
Civil Rights In Employment: The New Generation, Linda H. Edwards
Civil Rights In Employment: The New Generation, Linda H. Edwards
Scholarly Works
In July 1989, Title VII was twenty-five years old. It is generally assumed that the first twenty-five years have seen significant changes in the economic opportunities available to America’s minorities and women. But with the rise to power of the Reagan appointees, the Supreme Court is clearly fashioning a new approach to issues of civil rights in employment. This article analyzes the new Court’s emerging themes and proposes a congressional response.