Law Commons^™

Employment Discrimination, Susan A. Cahoon

Mercer Law Review

During 1980, the Fifth Circuit again had a full docket of employment discrimination cases. For the most part, the cases tended to turn on the particular facts at issue, and there were few pronouncements by the court of broader significance. An en banc court did decide an important question about limiting communications in class actions, and a panel of the court considered for the first time, whether there is an implied private cause of action to sue for discrimination against the handicapped under Section 503 of the Rehabilitation Act of 1973. The Fifth Circuit also continued to follow a unique …

Garcia V. Gloor: Mutable Characteristics Rationale Extended To National Origin Discrimination, Dwight J. Davis

Mercer Law Review

In Garcia v. Gloor, the Fifth Circuit Court of Appeals upheld a district court ruling that an employer's policy requiring employees to speak only English while at work did not violate the Civil Rights Act of 1964 prohibition against national origin discrimination. In so ruling, the court extended the mutable-immutable characteristics rationale that the Fifth Circuit first outlined in Willingham v. Macon Telegraph Publishing Co.

The Bloodless Revolution: The Role Of The Fifth Circuit In The Integration Of The Deep South, Frank T. Read

Mercer Law Review

On October 1, 1981, the nation's foremost civil rights tribunal will be no more. On that date, the Fifth Circuit Reorganization Act will become effective and the famous United States Court of Appeals for the Fifth Circuit will be divided into two new circuits.' With the passing of the Fifth Circuit into history's dusty pages, it is appropriate to reflect on the contributions of that court in this nation's monumental struggle to desegregate the public schools of the Deep South.

On May 17, 1954, the United States Supreme Court, in its most important decision in this century, rejected the "separate …