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Civil Rights and Discrimination
University of Arkansas at Little Rock William H. Bowen School of Law
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Shifting The Burden: Genuine Disputes And Employment Discrimination Standards Of Proof, Barrett S. Moore
Shifting The Burden: Genuine Disputes And Employment Discrimination Standards Of Proof, Barrett S. Moore
University of Arkansas at Little Rock Law Review
Enacted for the purpose of battling workplace discrimination by targeting discrimination against minorities and the disadvantaged, Title VII has become somewhat of an apparition for good-intentioned employers seeking to follow the law. For example, in Ricci v. DeStefano, the city of New Haven, Connecticut refused to hire white firefighters based on a qualification test because to do so would produce the outcome of hiring too few minority firefighters. Despite New Haven's good intentions, the hiring process illegally brought race into the hiring process, thereby showing that America's relationship with civil rights legislation has come full circle.
At the center of …