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Social and Behavioral Sciences Commons

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Articles 1 - 3 of 3

Full-Text Articles in Social and Behavioral Sciences

Disparate Impact Under The Age Discrimination In Employment Act Of 1967, Michael Evan Gold Aug 2008

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 Aug 2008

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 Aug 2008

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.