Open Access. Powered by Scholars. Published by Universities.®
Civil Rights and Discrimination Commons™
Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Civil Rights and Discrimination
Constitutional Law-Civil Rights-Standard For Relief In Racial Discrimination Cases Requires A Showing Of Discriminatory Intent, T. Keith Fogg
Constitutional Law-Civil Rights-Standard For Relief In Racial Discrimination Cases Requires A Showing Of Discriminatory Intent, T. Keith Fogg
University of Richmond Law Review
When Congress passed Title VII of the Civil Rights Act of 1964, it did not extend the coverage of the Act to public employers. Consequently, the Griggs v. Duke Power Co. decision in 1971 created the anomalous situation that private employers were held to a tougher standard of scrutiny with respect to racial considerations in their hiring procedures under Title VII than were public employers under the Constitution. This curious development in the relationship between public employment and Title VII caused many courts to alter their standards for equal protection violations in the early 1970's. In the realm of public …
Constitutional Law- Civil Rights- Private Schools Prohibited From Excluding Qualified Children Solely Because They Are Black, Craig S. Cooley
Constitutional Law- Civil Rights- Private Schools Prohibited From Excluding Qualified Children Solely Because They Are Black, Craig S. Cooley
University of Richmond Law Review
All major school desegregation decisions through 1975 involved "public" schools, and were based on provisions of the fourteenth amendment. This constitutional remedy, however, requires the presence of "state action" before being triggered. Commencing with the Supreme Court's earliest public school desegregation decisions, and accelerating with the finding of affirmative duties of southern school districts to desegregate, private educational institutions following racially exclusionary admittance policies were founded. Such private discrimination generally has been considered to be beyond the scope of the fourteenth amendment. Moreover, parents that patronize such institutions have sought support in Supreme Court cases which confer constitutional protection upon …