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Labor and Employment Law Commons

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Full-Text Articles in Labor and Employment Law

Employee Recruitment By Design Or Default: Uncertainty Under Title Vii, Elaine W. Shoben Jan 1986

Employee Recruitment By Design Or Default: Uncertainty Under Title Vii, Elaine W. Shoben

Scholarly Works

The employment of every new worker is the result of a two-stage process: recruitment of applicants and selection from the applicant pool. A personnel officer may evaluate only John and Jane Worker because Juan and Juanita Worker are not in the applicant pool. What active or passive acts by the company establish the applicant pool? The issue becomes particularly troublesome when Juan and Juanita Worker are members of one minority group and John and Jane Worker are members of another racial or ethnic minority group. May employers legally recruit more actively from one group than another?

This Article examines the …


The Metamorphosis Of Comparable Worth, Nancy E. Dowd Jan 1986

The Metamorphosis Of Comparable Worth, Nancy E. Dowd

UF Law Faculty Publications

The concept of comparable worth has as its factual predicate two typical characteristics of women's employment: occupational concentration or segregation and significantly lower wages compared to those paid to men. What continues to be most troubling about this employment pattern is its stubborn persistence, despite the increased presence of women in the workforce and the existence for over two decades of legislation prohibiting sex discrimination in employment.

The concept of comparable worth has provoked an outpouring of emotional rhetoric and scholarly analysis debating the concept’s viability and desirability. Rather than add to that debate, Professor Dowd traces the evolution of …