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1993

Labor and Employment Law

Washington Law Review

Articles 1 - 2 of 2

Full-Text Articles in Law

Complete Justice: Upholding The Principles Of Title Vii Through Appropriate Treatment Of After-Acquired Evidence, Jennifer Miyoko Follette Jul 1993

Complete Justice: Upholding The Principles Of Title Vii Through Appropriate Treatment Of After-Acquired Evidence, Jennifer Miyoko Follette

Washington Law Review

Congress enacted Title VII of the 1964 Civil Rights Act to combat employment discrimination and to provide relief to discrimination victims. The 1972 and 1991 amendments strengthened the statute and delineated a clear congressional commitment to the statute's purposes. In most cases the courts have utilized the statutes remedial provisions to deter further discriminatory conduct and to provide relief to victims. However, the majority of federal circuit courts which have addressed the issue deny a remedy to plaintiffs in cases where an employer discovers evidence of an employee's misrepresentations on a resume or evidence of misconduct on the ...


Statistical Proof Of Discrimination: Beyond "Damned Lies", Kingsley R. Browne Jul 1993

Statistical Proof Of Discrimination: Beyond "Damned Lies", Kingsley R. Browne

Washington Law Review

Evidence that an employer's work force contains fewer minorities or women than would be expected if selection were random with respect to race and sex has been taken as powerful—and often sufficient—evidence of systematic intentional discrimination. In relying on this kind of statistical evidence, courts have made two fundamental errors. The first error is assuming that statistical analysis can reveal the probability that observed work-force disparities were produced by chance. This error leads courts to exclude chance as a cause when such a conclusion is unwarranted. The second error is assuming that, except for random deviations, the ...