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Full-Text Articles in Law
Comparing Remedies For School Desegregation And Employment Discrimination, Candace Kovacic-Fleischer
Comparing Remedies For School Desegregation And Employment Discrimination, Candace Kovacic-Fleischer
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Ten years after the Supreme Court decided Brown v. Board of Education, now a symbol of the beginning of the end of racial discrimination, Congress passed Title VII of the Civil Rights Act of 1964. Title VII opened the workplace to all races and women in ways that had not previously existed. While discrimination in the workplace has not disappeared in the forty years since Title VII's enactment, one sees minorities and women in a greater variety of jobs, and at higher levels, than one would have seen a generation ago. The promise of Brown, however, has not been …
When Equality Leaves Everyone Worse Off: The Problem Of Leveling Down In Equality Law, Deborah Brake
When Equality Leaves Everyone Worse Off: The Problem Of Leveling Down In Equality Law, Deborah Brake
Articles
This Article addresses the problem of leveling down as a response to discrimination. Existing case law and legal scholarship generally assume that inequality may be remedied in one of two ways: improving the lot of the disfavored group to match that of the most favored group, or worsening the treatment of the favored group until they fare as badly as everyone else. The term "leveling down" refers to the latter response. This Article contends that courts and commentators have overstated the flexibility of equality rights in accepting leveling down as a response to inequality, and proposes a new framework that …