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Judicial Responses To The Eeoc's Failure To Attempt Conciliation, Michigan Law Review
Judicial Responses To The Eeoc's Failure To Attempt Conciliation, Michigan Law Review
Michigan Law Review
This Note suggests that a court faced with inadequate conciliation efforts by the EEOC should dismiss the action without prejudice. Part I argues that dismissal better serves the remedial purpose of the statute than summary judgment. Part II then demonstrates that dismissal satisfies the policy concerns of courts that dispose of inadequately conciliated suits. Although dismissal may not promote judicial efficiency as well as summary judgment, courts and the Commission can handle the dismissal to minimize duplication. Part III advances dismissal for failure to state a claim upon which relief can be granted as the appropriate procedural vehicle for disposing …
Back Pay In Employment Discrimination Cases, James L. Hughes, David R. Jennings, Charles D. Maguire, Jr., Betsy G. Shain, Jay L. Tobin, Jay F. Whittle, Jr.
Back Pay In Employment Discrimination Cases, James L. Hughes, David R. Jennings, Charles D. Maguire, Jr., Betsy G. Shain, Jay L. Tobin, Jay F. Whittle, Jr.
Vanderbilt Law Review
This Special Project examines the back pay decisions and analyzes the problems that have confronted the courts dealing with this remedy for employment discrimination in the context of Title VII and section 1981. Because of the enormity of the issues that have arisen in Stage I of the proceedings, however, and the extensive coverage given those problems by the courts and commentators, the Special Project will deal only with the recovery stage, or Stage II, of the litigation. Consequently, the reader should assume that liability for employment discrimination has already been established in each of the cases discussed below. Before …
Employment Discrimination Against The Overweight, Karol V. Mason
Employment Discrimination Against The Overweight, Karol V. Mason
University of Michigan Journal of Law Reform
Part I of the Note discusses the existence of employment discrimination against the overweight and the significance of the problem it poses. Part II examines existing employment discrimination legislation to discern what protection is currently available to the overweight. Finally, part III concludes that present laws are inadequate to protect overweight persons from employment discrimination. The Note argues for the passage of legislation designating weight as a classification protected from employment discrimination, and prohibiting the use of weight standards unrelated to job performance. Such legislation is necessary to allow the growing number of overweight Americans the opportunity to compete equally …