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Alternatives To Seniority-Based Layoffs: Reconciling Teamsters, Weber, And The Goal Of Equal Employment Opportunity, Paul M. Hamburger
Alternatives To Seniority-Based Layoffs: Reconciling Teamsters, Weber, And The Goal Of Equal Employment Opportunity, Paul M. Hamburger
University of Michigan Journal of Law Reform
This Note advocates the use of legal incentives for adopting nonpreferential alternatives to seniority-based layoffs. Part I analyzes the impact of bona fide seniority systems on recently hired minorities and women. Part II discusses existing legal incentives for unions and employers to seek alternatives to strict seniority layoffs and for courts to enjoin such layoffs, thereby forcing the parties to negotiate over alternatives. Finally, part III examines two kinds of potential alternatives: racially preferential alternatives, which are prohibited under Title VII, and nonpreferential options, which are permissible and should be used increasingly.
Intent Or Impact: Proving Discrimination Under Title Vi Of The Civil Rights Act Of 1964, Michigan Law Review
Intent Or Impact: Proving Discrimination Under Title Vi Of The Civil Rights Act Of 1964, Michigan Law Review
Michigan Law Review
This Note analyzes the controversy and concludes that courts must apply an impact standard in title VI cases. After reviewing the relevant Supreme Court decisions, Part I contends that Bakke did not overrule Lau's approval of an impact standard. Part II examines the regulations on which the Lau court relied. It first characterizes them as legislative; they derive the force of law from an explicit congressional delegation of substantive power. Part II then tests the regulations' impact standard against the language, legislative history, and policy of title VI and finds it valid. Since courts may not disregard valid legislative regulations, …