Social and Behavioral Sciences Commons^™

Employment Discrimination And The Assumption Of Equality, Michael Evan Gold

Michael Evan Gold

The assumption of equality undergirds the American law of employment discrimination. The assumption is that racial and sexual classes are equally qualified for jobs. Although it has sometimes been ignored, and can be rebutted in a specific case, the assumption of equality is fundamental to the law of nondiscrimination. Proof of discrimination in a class action, whether based on disparate treatment or disparate impact, requires the assumption. The assumption is so strong in this context that when the Supreme Court weakened it recently, Congress promptly reinforced it. The assumption of equality is also a crucial element of the law of …

Disparate Impact Is Not Unconstitutional, Michael Evan Gold

Michael Evan Gold

[Excerpt] In Ricci v. DeStefano, the "New Haven Firefighters" case, whitefirefighters and one Hispanic firefighter sued the city of New Haven, Connecticut and city officials under Title VII. The plaintiffs claimed the city had committed intentional discrimination or disparate treatment against them when the city disregarded the results of promotion examinations that had an adverse effect on black and Hispanic applicants. The Supreme Court sustained the claim. In his concurring opinion, Justice Scalia invited attorneys in subsequent cases to consider arguing that the disparate impact theory of employment discrimination is unconstitutional. He reasoned as follows: • The Constitution prohibits the …

Disparate Impact Under The Age Discrimination In Employment Act Of 1967, Michael Evan Gold

Michael Evan Gold

No abstract provided.

Griggs' Folly: An Essay On The Theory, Problems, And Origin Of The Adverse Impact Definition Of Employment Discrimination And A Recommendation For Reform, Michael Evan Gold

Michael Evan Gold

This Article examines the adverse impact theory of employment discrimination under Title VII. The author begins by discussing the development of adverse impact in the case law, and by scrutinizing its theoretical underpinnings. He demonstrates that Congress did not intend to mandate adoption of adverse impact theory when it established Title VII. The author then argues that the Courts have exceeded their authority under Title VII by embracing the theory of adverse impact. He concludes that the courts should therefore return to a narrower theory of employment discrimination, namely, a theory based on the legal concept of “intent.”

A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold

Michael Evan Gold

No abstract provided.

Equality Of Opportunity In Retirement Funds, Michael Gold

Michael Evan Gold

No abstract provided.

Introduction To The Law Of Employment Discrimination, Michael Gold

Michael Evan Gold

This new edition of An Introduction to the Law of Employment Discrimination summarizes the federal laws that prohibit employment discrimination on the basis of race, sex, religion, national origin, age, and disability. Several major statutes, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, Title I of the Americans with Disabilities Act, and the Equal Pay Act, protect American workers from discrimination. In this handy reference guide, Michael Evan Gold discusses complex legislation in lucid, understandable terms. In his discussion of each statute, the author provides such information as:

* who is protected …

An Introduction To Labor Law (Revised Ed.), Michael Gold

Michael Evan Gold

Michael Evan Gold has revised his explanation of the protection to which workers are entitled under the National Labor Relations Act. He includes discussion of such fundamental topics as organizing and elections, the duty to bargain, economic weapons available to workers, and enforcement of labor contracts.

A Dialogue On Comparable Worth, Michael Gold

Michael Evan Gold

[Excerpt] Comparable worth is the EEO issue of the decade. The purpose of this dialogue is to present both, or at least two, sides of the debate over comparable worth. In essence, it raises the question of whether women are underpaid for their work. Secretaries, for example, earn less than stockbrokers. Is it mere coincidence that most secretaries and social workers are women, while most plumbers and stockbrokers are men? For the sake of convenience, the participants in this dialogue have agreed that jobs held predominantly by women may be referred to as " women's jobs" or "women's work" and …

Judicial Review And Enforcement, Michael Gold

Michael Evan Gold

No abstract provided.