Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Title VII (4)
- Civil Rights Act of 1964 (2)
- Discrimination (2)
- 427 U.S. 160 (1976) (1)
- Affirmative action (1)
-
- Barriers (1)
- Civil rights (1)
- Discrimination in employment (1)
- Disparate (1)
- Disparate treatment (1)
- Employment (1)
- Employment discrimination (1)
- Federal preemption (1)
- Gay (1)
- Gender (1)
- Gender and law (1)
- Impact (1)
- Industrial hygiene (1)
- LCPS_Disc (1)
- Labor (1)
- Lesbians (1)
- Level (1)
- Minorities (1)
- Mixed motives (1)
- Patterson I (1)
- Patterson II (1)
- Patterson v. McLean Credit Union (1)
- Positions (1)
- Race and law (1)
- Racial (1)
- Publication
- Publication Type
Articles 1 - 13 of 13
Full-Text Articles in Labor and Employment Law
Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton
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.
Finding A "Manifest Imbalance": The Case For A Unified Statistical Test For Voluntary Affirmative Action Under Title Vii, David D. Meyer
Finding A "Manifest Imbalance": The Case For A Unified Statistical Test For Voluntary Affirmative Action Under Title Vii, David D. Meyer
Michigan Law Review
This Note analyzes the "manifest imbalance" standard developed in Weber and Johnson and the various approaches the lower courts have taken in trying to apply the test. Part I examines the Weber and Johnson opinions in some detail, and argues that the Court intended to permit affirmative action aimed at remedying the evident effects of past discrimination, regardless of whether the employer or society at large is to blame. Section I.A describes the diverging constitutional and statutory standards for evaluating voluntary affirmative action programs, and the policies behind the divergence. Sections I.B and I.C take a closer look at the …
American Women Face Discrimination In Seeking Employment With And Working For Japanese Companies Operating In The United States, Percy R. Luney Jr.
American Women Face Discrimination In Seeking Employment With And Working For Japanese Companies Operating In The United States, Percy R. Luney Jr.
North Carolina Central Law Review
No abstract provided.
Fetal Protection And The Exclusion Of Women From The Toxic Workplace, Allyson K. Duncan
Fetal Protection And The Exclusion Of Women From The Toxic Workplace, Allyson K. Duncan
North Carolina Central Law Review
No abstract provided.
The Steelworkers' Trilogy And The Coal Miners' Trilogy: Is Discrimination An Exception To The Rule, Steven P. Mcgowan, Robert J. Schiavoni
The Steelworkers' Trilogy And The Coal Miners' Trilogy: Is Discrimination An Exception To The Rule, Steven P. Mcgowan, Robert J. Schiavoni
West Virginia Law Review
No abstract provided.
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Circumventing Racism: Confronting The Problem Of The Affirmative Action Ideology, Christopher T. Wonnell
Circumventing Racism: Confronting The Problem Of The Affirmative Action Ideology, Christopher T. Wonnell
BYU Law Review
No abstract provided.
Clearing The Mixed-Motive Smokescreen: An Approach To Disparate Treatment Under Title Vii, Robert S. Whitman
Clearing The Mixed-Motive Smokescreen: An Approach To Disparate Treatment Under Title Vii, Robert S. Whitman
Michigan Law Review
Part I of this Note describes the indirect-evidence inquiry of McDonnell Douglas and its basis in the policies underlying Title VII. Part II presents the various judicial treatments of cases where direct evidence is presented. These three major approaches reflect varying views of the burdens of proof regarding Title VII causation, and assume that the plaintiff has already shown some palpable level of discrimination. Part III describes Mt. Healthy City School District Board of Education v. Doyle, in which the Supreme Court first devised an approach to mixed motives. Although the Mt. Healthy analysis was developed for first amendment …
Employment Discrimination And The Reconsideration Of Runyon, Lee Modjeska
Employment Discrimination And The Reconsideration Of Runyon, Lee Modjeska
Kentucky Law Journal
No abstract provided.
Title Vii : Application Of Impact Analysis To Subjective Employment Criteria, 24 Harv. C.R.-C.L. L. Rev. 264 (1989), Karen H. Cross
Title Vii : Application Of Impact Analysis To Subjective Employment Criteria, 24 Harv. C.R.-C.L. L. Rev. 264 (1989), Karen H. Cross
UIC Law Open Access Faculty Scholarship
No abstract provided.
Watson V. Ft. Worth Bank And Trust: The Changing Face Of Disparate Impact, Linda H. Edwards
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 depend, in …
Watkins V. United States Army And The Employment Rights Of Lesbians And Gay Men, Arthur S. Leonard
Watkins V. United States Army And The Employment Rights Of Lesbians And Gay Men, Arthur S. Leonard
Articles & Chapters
No abstract provided.
Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick
Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case University of Pennsylvania v. EEOC, 493 U.S. 192 (1990). The author expected the Court to decide whether the EEOC may subpeopna peer review documents submitted to a university tenure committee when investigating charges that the committee engaged in impermissible discrimination when denying tenure to an associate professor.