Law Commons^™

Doing Good The Wrong Way: The Case For Delimiting Presidential Power Under Executive Order No. 11,246, Andrie K. Blumstein

Vanderbilt Law Review

The Note has demonstrated that the concept of affirmative action as embodied in the Executive Order Program induces race-conscious employment programs by federal contractors in contrast to the norm of race-neutral decision making imposed by the Civil Rights Act of 1964. The Note has also argued that a nexus analysis must define the parameters of executive authority to promulgate the Executive Order Program. In other words, there must be a close relationship between the alleged source of executive authority and the President's actual exercise of that authority...

This Note attempts to refine the Presidential power analysis of Youngstown Steel and …

Procedural Complexity Of The Age Discrimination In Employment Act: An Age-Old Problem, Robert E. Sheeder

Duquesne Law Review

No abstract provided.

Veterans' Preference Statutes: Do They Really Discriminate Against Women, Pat Labbadia Iii

Duquesne Law Review

No abstract provided.

National Labor Policy: Reflections And Distortions Of Social Justice, Theodore J. St. Antoine

Articles

The impulse behind much of American labor law is profoundly moral. The sufferings and indignities inflicted on working men, women, and even children as the industrial revolution enveloped the western world during the nineteenth and early twentieth centuries led many thoughtful observers to focus their attention on what was commonly called the "social question." Certain issues have been treated almost as if they posed questions of good and evil, when all they actually presented were problems of finding a proper balance of power between labor and management. This article shall develop these themes in several specific contexts.

Book Review. Equal Employment Policy For Women By Ronnie Steinberg Ratner, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Wage Discrimination, Job Segregation, And Title Vii Of The Civil Rights Act Of 1964, Ruth G. Blumrosen

University of Michigan Journal of Law Reform

It is the thesis of this article that job segregation and wage discrimination are not separate problems, but rather are intimately related. Wherever there is job segregation, the same forces which determine that certain jobs or job categories will be reserved for women or minorities also and simultaneously determine that the economic value of those jobs is less than if they were "white" or "male" jobs. Thus, those women and minorities who are channelled into segregated jobs are not only deprived of initial hiring opportunities in other jobs and meaningful transfer opportunities, but are also paid wages for the jobs …

Civil Liberties: Desegregation, Prisoners' Rights And Employment Discrimination In The Seventh Circuit, Patrick Baude, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Holland V. Boeing Co.--Extending Protection Against Employment Discrimination To Transfers Of Handicapped Employees, Joanne Whitehead

Seattle University Law Review

In Holland v. Boeing Co., the Washington Supreme Court considered for the first time a handicap discrimination case under the unfair employment practices section of the Washington Law Against Discrimination. In construing the statute, the Holland court emphasized that the handicapped are inherently different from other classes antidiscrimination legislation traditionally protects. The court then imposed upon the defendant-employer a high duty of accommodating the disabilities of handicapped employees. Thus, the decision provides important recognition of disabled workers' civil rights.

A Comparative Review Of Public And Private Enforcement Of Title Vii Of The Civil Rights Act Of 1964, Robert Belton

Vanderbilt Law Review

The efforts of the EEOC, the Department of Justice, and other federal and state agencies during the first decade of enforcement have been the subject of a great deal of commentary and review. Much of this commentary has been critical. Private enforcement of Title VII has produced the major legal developments, but these efforts have received little attention in the literature. This Article therefore will present a comparative review of governmental and private enforcement efforts under Title VII. A brief overview of the historical efforts to eliminate employment discrimination prior to Title VII is necessary to place private enforcement efforts …

Title Vii - Seniority - The Relevant Scope Of Inquiry For Determining The Legality Of A Seniority System, James D. Spratt, Jr.

Vanderbilt Law Review

Title VII of the Civil Rights Act of 1964, which became effective on July 2, 1965, was enacted to eliminate artificial barriers to employment that historically have deprived minorities and women of employment opportunities. Section 703 of the Act thus makes discrimination on the basis of race, color, religion, sex, or national origin an unlawful employment practice. In order to obtain relief from a discriminatory employment practice, an aggrieved party must demonstrate that the defendant intentionally engaged in the unlawful practice. Because the broad language of sections 703(a), 703(c), and 706(g) fails to define the terms "discriminate" and"intentionally," the effectiveness …

National League Of Cities V. Usery: Its Implications For The Equal Pay Act And The Age Discrimination In Employment Act, Ellen B. Spellman

University of Michigan Journal of Law Reform

In National League of Cities v. Usery, the Supreme Court invalidated the application of the FLSA minimum wage and maximum hours provisions to certain essential state government activities as an unconstitutional intrusion on state sovereignty. This article will explore the implications of that decision with respect to the application of the EPA and the ADEA to state and local governments.

Part I contains a brief discussion of the Fair Labor Standards Act and Amendments. Part II discusses National League with reference to traditional commerce clause interpretation. Part III analyzes the difficulties of applying the decision, particularly the problem of …

Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine

Articles

Title VII of the Civil Rights Act of 1964 was adopted in an atmosphere of monumental naivete. Congress apparently believed that equal employment opportunity could be achieved simply by forbidding employers or unions to "discriminate" on the basis of "race, color, religion, sex, or national origin," and expressly disavowed any intention to require "preferential treatment." Perhaps animated by the Supreme Court's stirring desegregation decisions of the 1950's, the proponents of civil rights legislation made "color-blindness" the rallying cry of the hour. Today we know better. The dreary statistics, so familiar to anyone who works in this field, tell the story. …

Preferential Remedies For Employment Discrimination, Harry T. Edwards, Barry L. Zaretsky

Michigan Law Review

A basic thesis of this article is that much of the current concern about alleged "reverse discrimination" in employment ignores the reality of the situation. In Part I it will be contended that although color blindness is a laudable long-run objective, it alone will not end discrimination; thus, it will be argued that some form of "color conscious" affirmative action must be employed in order to achieve equal employment opportunity for minorities and women. The most effective form of affirmative action is temporary preferential treatment, and it will be asserted in Part II that such relief can be justified under …

Mcdonald V. Santa Fe Trail Transportation Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Title Vii Seniority Remedies In A Time Of Economic Downturn, Donald R. Stacy

Vanderbilt Law Review

This article will attempt to clarify the application of rules against employment discrimination in a period of rising unemployment by first examining the nature of the seniority system and then explaining the theory and mechanism of the conventional remedy. Next a review of recent problems that have tested that remedy will be undertaken, with special attention devoted to the peculiar problems incident to layoffs. Lastly, the article will consider the means by which an employer can minimize the liability that may result from the discriminatory impact of seniority systems.

Title Vii And Seniority Systems: Back To The Foot Of The Line?, Rebecca Westerfield

Kentucky Law Journal

No abstract provided.

The Constitutionality Of The 1972 Amendment To Title Vii's Exemption For Religious Organizations, Michigan Law Review

Michigan Law Review

This note will examine the constitutionality of the title VII exemption for religious associations, focusing on the extent to which the exemption is required by the free exercise clause and the extent to which it must be limited to avoid conflict with the establishment clause. The religion clauses will be considered solely in the context of the private business sector; this note will not consider the possibility that the establishment clause would require a narrower exemption for a quasi-public institution, such as a broadcast licensee or a religious association receiving public funds.

Sovereign Immunity In A Constitutional Government: The Federal Employment Discrimination Cases, Charles F. Abernathy

Georgetown Law Faculty Publications and Other Works

Very early in our history we took steps to insure that the.rule of law, as expressed in the Constitution, would prevail over the mortals who run our government. Yet even as the concepts of rule of law and judicial review came into ascendancy, we also harbored the sovereign immunity doctrine as a restraint on judicial power and as an apparent repudiation of the rule of law.

The inherent antagonism between the rule of law and the sovereign immunity doctrine has produced much mischief in our courts...this Article will argue that the sovereign immunity doctrine is not anticonstitutional, but rather reflects …

The Tentative Settlement Class And Class Action Suits Under Title Vii Of The Civil Rights Act, Michigan Law Review

Michigan Law Review

This Note will examine the potential utility of a tentative settlement class (TSC) in suits initiated under title VII of the Civil Rights Act of 1964. The advantages and disadvantages of the TSC will be discussed in the context of analyzing whether the use of a TSC is valid under rules 23(a) and 23(b) of the Federal Rules of Civil Procedure. The discussion of the merits of the TSC in the title VII context will illustrate the problems inherent in the use of a tentative class for encouraging settlements of any class action.

Credit Discrimination Against Women: Causes And Solutions, Margaret J. Gates

Vanderbilt Law Review

This article deals both with the laws that cause credit discrimination against women and with those that have been and could be formulated to solve the problem. It first explains the nature and importance of the problem, then discusses the apparent legal and economic bases of the discrimination, and finally explores the adequacy of existing and proposed remedies.

Title Vii And Nlra: Protection Of Extra-Union Opposition To Employment Discrimination, Michigan Law Review

Michigan Law Review

Title VII of the 1964 Civil Rights Act guarantees freedom from employment discrimination based on race, religion, sex, or national origin and establishes remedial procedures for aggrieved employees. A nondiscrimination clause in a collective bargaining agreement may also protect employees from discriminatory treatment; typically, the contract will also contain grievance machinery through which the employee, with the aid of his union, can present his complaint. The question remains: When both title VII and contract grievance procedures are available, can an individual employee or a group of employees take direct action against an allegedly discriminatory employer independently of the union and …

Affirmative Action: Quotas And Traditional University Standards With Particular Emphasis On The Role Of The Department Chairman, William D. Wheeler

IUSTITIA

The higher educational institution is often an exclusive citadel. Students are selected after close scrutiny of past achievements. Teachers as merchants of ideas, virtues, and cosmic thoughts are invited to membership only after certain academic passports have been acquired. These eligibility criteria are established by the faculty who, presumably, are the only ones capable of assessing reasonable standards for those seeking admission. Colleges and universities are closed sub-communities. They practice discrimination while giving lip service to liberal thought, knowledge, and enlightenment. It comes, therefore, as little surprise to clear thinkers that the house of intellect leads the parade of culprits …

Strangers In Paradise: Griggs V. Duke Power Co. And The Concept Of Employment Discrimination, Alfred W. Blumrosen

Michigan Law Review

In March 1966, the Equal Employment Opportunity Commission (EEOC) negotiated an extensive agreement with the Newport News Shipyard to eliminate employment discrimination. The outcome of these negotiations-which were conducted by the Office of Conciliations which I then headed-was the first major achievement for the EEOC under title Vll of the Civil Rights Act of 1964. Following that episode, Ken Holbert, Deputy Chief of Conciliations, and I decided to try to negotiate a model conciliation agreement on the subject of discriminatory employment testing. We knew that many companies had introduced tests in the 1950's and early 1960's when they could no …

Protecting The Older Worker, H. Patrick Callahan, Charles T. Richardson

University of Michigan Journal of Law Reform

Unlike racial discrimination, age discrimination statutes do not prohibit all forms of discrimination but only those forms that are arbitrary. In this respect age is most analogous to sex as a basis of discrimination: in neither case has a conclusive statutory presumption been made that these factors are irrelevant in an employment situation; in both situations the employer must make his decision to hire or not to hire on the abilities of the individual and not on assumptions, proven or unproven, about the class as a whole. This note considers the extent of arbitrary age discrimination and what measures have …

Religious Discrimination And The Role Of Arbitration Under Title Vii, Harry T. Edwards, Joel H. Kaplan

Michigan Law Review

One of the major thrusts of the Civil Rights Act of 1964, passed by the 88th Congress of the United States after much procrastination and debate, is title VII, the Equal Employment Opportunity Act, which prohibits selected forms of employment discrimination.

In drafting title VII, the proponents of the Act were chiefly concerned with racial discrimination in employment. In fact, the entire Civil Rights Act was written with an eye toward the elimination of the "glaring ... discrimination against Negroes which exists throughout our nation." Given this intent, it is not surprising that, during the hearings and debates preceding the …

Employment Discrimination: The Burden Is On Business - Griggs V. Duke Power Co.

Maryland Law Review

No abstract provided.

The Use Of Tests In Promotions Under Seniority Provisions, Aubrey L. Coleman, Jr.

Vanderbilt Law Review

The testing requirements enunciated by the 1964 Civil Rights Act and the Equal Employment Opportunity Commission to eliminate certain types of discrimination through tests will assuredly have application in the further development of sound, overall testing programs for all employees. While at present very few contracts have provisions with respect to testing, undoubtedly most future agreements will. This development should reduce the number of disputes, since requirements now imposed by arbitrators will be written into bargaining agreements. While there will still be disagreements over whether the tests were properly evaluated, controversies as to whether the tests are specifically related to …

Racial And Religious Discrimination In Employment And The Role Of The Nlrb, Walter H. Maloney Jr.

Maryland Law Review

No abstract provided.