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University of Missouri School of Law

Missouri Law Review

1997

Civil Rights Act of 1964

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Full-Text Articles in Law

Statutory Construction And Judicial Policy-Making Impact Whether Title Vii's Definition Of Employer Imposes Individual Liability Upon An Agent, Cheryl L. Feutz Jan 1997

Statutory Construction And Judicial Policy-Making Impact Whether Title Vii's Definition Of Employer Imposes Individual Liability Upon An Agent, Cheryl L. Feutz

Missouri Law Review

Title VII of the Civil Rights Act of 19642 ("Title VII") prohibits employment discrimination Although no question exists that "employers" are liable for their discriminatory acts as well as for their agents' acts that occur within the scope of employment,4 a conflict exists among the federal circuits regarding whether Title VII's definition of "employer" also imposes individual liability upon the employer's agent. The Seventh Circuit answered this question for its circuit in Williams v. Banning.'