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Full-Text Articles in Law

Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton Jul 1989

Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton

Faculty Publications

This article initially examines the traditional theories of proof in Title VII cases. It then discusses approaches by lower courts in resolving the competing concerns raised in applying those traditional theories in challenges to subjective selection devices. This article next discusses the Supreme Court's resolution of the problem in Watson and suggests a workable alternative resolution that will not undermine the broad prophylactic purposes of Title VII.


Watson V. Ft. Worth Bank And Trust: The Changing Face Of Disparate Impact, Linda H. Edwards Jan 1989

Watson V. Ft. Worth Bank And Trust: The Changing Face Of Disparate Impact, Linda H. Edwards

Scholarly Works

Title VII of the Civil Rights Act of 1964 constitutes this country’s first serious commitment to eradicating the enormous economic disadvantages caused by hundreds of years of racial and gender-related prejudice. But there is also cause for concern. While members of once excluded groups have entered the mid-level workforce, most have not progressed to top-level positions. Perhaps not surprisingly, the elimination of barriers to mid-level employment has spotlighted the unique barriers to equal employment in top-level jobs. Title VII’s capacity to deal effectively with these barriers will be its major challenge for the next quarter-century. Its success will ...


Reflections On The Supreme Court's 1988 Term: The Employment Discrimination Decisions And The Abandonment Of The Second Reconstruction, Mark S. Brodin Jan 1989

Reflections On The Supreme Court's 1988 Term: The Employment Discrimination Decisions And The Abandonment Of The Second Reconstruction, Mark S. Brodin

Boston College Law School Faculty Papers

Eight decisions of the 1988 Term effectively rewrote Title VII of the Civil Rights Act of 1964 and threatened to undo the significant gains in equal employment opportunity that had been achieved since its enactment. Established modes of proof, theories of recovery, entitlement to attorneys’ fees, and the enforceability of affirmative action decrees were all significantly altered in ways that advantaged employers and burdened plaintiffs. Congress would later respond with the Civil Rights Act of 1991, restoring and even extending the protections for minorities and women.