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The Defeat Of The Civil Rights Act Of 1990: Wading Through The Rhetoric In Search Of Compromise, Cynthia L. Alexander
The Defeat Of The Civil Rights Act Of 1990: Wading Through The Rhetoric In Search Of Compromise, Cynthia L. Alexander
Vanderbilt Law Review
On October 22, 1990 President Bush vetoed the Civil Rights Act of 1990.2 The Senate failed by one vote to override the veto.' The Act embodied the congressional response to a series of 1989 United States Supreme Court cases decided by a new conservative majority of Justices. Finding that these decisions drastically limit civil rights protections, Congress accordingly introduced the Civil Rights Act of 1990 to restore those protections. Congress then spent almost a year refining the controversial bill to make it palatable to the President and the business community. Despite congressional efforts, the President op- posed several aspects of …
The Bona Fide Occupational Qualification Exception--Clarifying The Meaning Of"Occupational Qualification", Jane W. May
The Bona Fide Occupational Qualification Exception--Clarifying The Meaning Of"Occupational Qualification", Jane W. May
Vanderbilt Law Review
The Age Discrimination in Employment Act (ADEA) prohibits employment decisions that discriminate against people aged forty to seventy because of their age. An exception to the ADEA permits otherwise unlawful age discrimination when age is a "bonafide occupational qualification [BFOQ] reasonably necessary to the normal operation of the particular business.'' To invoke this exception successfully, an employer must produce evidence from which a court can conclude that age is a valid BFOQ. Currently,some confusion exists as to whether an employer's evidence must establish that age is relevant to the performance of the employee's specific duties or whether this evidence need …
Knocking On Wood: Some Thoughts On The Immunities Of State Officials To Civil Rights Damage Actions, Joseph Kattan
Knocking On Wood: Some Thoughts On The Immunities Of State Officials To Civil Rights Damage Actions, Joseph Kattan
Vanderbilt Law Review
Recent developments suggest that even without congressional action municipalities and other subdivisions of the state not protected by the eleventh amendment may be subject to liability for the actions of their officers. Presently, however, an aggrieved individual's primary remedy is recovery of damages from the offending officers. This right of recovery hinges on whether the officer should have understood the unconstitutional effect of his actions. Although the need for uniformity in the standard of liability, in the burden of proof, and in the scope of official defenses and immunities is acute, neither the courts nor the commentators have articulated a …