Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 5 of 5
Full-Text Articles in Law
The Diversity Dialogues In Higher Education, John H. Bunzel
The Diversity Dialogues In Higher Education, John H. Bunzel
Fordham Urban Law Journal
It is hard to be an enemy of diversity. Most Americans recognize diversity as one of the nation’s proudest attributes. Beyond that, however, there is confusion over the term’s meaning. No matter how often people say the word, or how strongly they believe in it, they continue to ignore the way diversity has become an all-embracing concept. The term “diversity” has become a code word that fails to define precisely what it allegedly exalts and what exactly is to be accomplished by those who extol its virtues. The elasticity of the term “diversity” has masked many kinds of questionable conduct. …
Stotts' Denial Of Hiring And Promotion Preferences For Nonvictims: Draining The "Spirit" From Title Vii, Mary C. Daly
Stotts' Denial Of Hiring And Promotion Preferences For Nonvictims: Draining The "Spirit" From Title Vii, Mary C. Daly
Fordham Urban Law Journal
The author questions whether the dicta in a recent Supreme Court case, Local Union No. 1784 v. Stotts, effectively narrow the scope of relief available under Title VII to non-victims. Specifically, the Court addressed affirmative action and the possible reparations under a Title VII employment race discrimination class action. The dicta in question appear to limit courts' ability to grant relief to "non-victims" (individuals who were not named parties in an employment discrimination suit) in the form of consent decrees or post-trial injunctive relief. The author examines Supreme Court caselaw on affirmative action, the legislative history of the 1964 Civil …
New York City's Locally Based Enterprise Set-Aside: Legitimate Exercise Of Mayoral Power Or Unconstitutional Quota In Disguise? , Stephen L. Weinstein
New York City's Locally Based Enterprise Set-Aside: Legitimate Exercise Of Mayoral Power Or Unconstitutional Quota In Disguise? , Stephen L. Weinstein
Fordham Urban Law Journal
Within the realm of affirmative action, there is disagreement on the means selected to reach the ultimate goal. For example, some programs have involved preferential treatment for members of disadvantaged groups at the expense of those individuals who are not in the minority. Such programs have been challenged on equal protection grounds as "reverse discrimination." In New York City, mayors have implemented executive orders prescribing minority hiring goals and other preferential treatment. Order No. 71, for example, conditioned the awarding of city construction contracts upon submission by the bidder of an affirmative action program. Executive Order No. 53 attempted to …
Title Vii Of The Civil Rights Act Of 1964- Seniority Provisions Of Union Collective Bargaining Agreement Held Controlling Over Eeoc Affirmative Action Hiring Program. Jersey Central Power & Light Co. V. Local 327, Ibew, 508 F.2d 687 (3d Cir. 1975)., Ira E. Goldberg
Fordham Urban Law Journal
Plaintiff, Jersey Central Power & Light Company (Jersey Central), a large public utility, was economically forced to announce a series of plant wide layoffs. The collective bargaining agreement in force between Jersey Central and various unions required that layoffs be conducted in reverse order of seniority, i.e., the last person hired is the first person to be fired. A conciliation agreement among Jersey Central, the unions and the Federal Equal Employment Opportunity Commission (EEOC) called for the company to begin an affirmative action program designed to increase employment opportunities for women and minority workers. Plaintiff sought a declaratory judgment in …
The Infirmities Of Affirmative Action: The New York City Plan
The Infirmities Of Affirmative Action: The New York City Plan
Fordham Urban Law Journal
The regulations announced by Mayor John Lindsay that propose new contract bid regulations designed to eliminate discrimination in employment in New York City were implemented and are the basics of the city's present program. New York City's present affirmative action attempts to increase the number of minorities employed in city-financed construction projects. But, how viable are these programs in light of the expected attacks based on the federal preemption doctrine? Questions of due process and equal protection must be examined when affirmative action programs require contractors to make good faith efforts to meet these goals. Affirmative action programs are part …