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Full-Text Articles in Law
The Restorative Workplace: An Organizational Learning Approach To Discrimination, Deborah Thompson Eisenberg
The Restorative Workplace: An Organizational Learning Approach To Discrimination, Deborah Thompson Eisenberg
University of Richmond Law Review
No abstract provided.
The Civil Rights Act Of 1991, Retroactivity, And Continuing Violations: The Effect Of Landgraf V. Usi Film Products And Rivers V. Roadway, Leonard Charles Presberg
The Civil Rights Act Of 1991, Retroactivity, And Continuing Violations: The Effect Of Landgraf V. Usi Film Products And Rivers V. Roadway, Leonard Charles Presberg
University of Richmond Law Review
The Civil Rights Act of 1991 (the Act) made significant changes to the major employment discrimination statutes. In addition to restoring the law that was in effect prior to a number of Supreme Court decisions which eroded the civil rights statutes, the Act also added remedies that were omitted from previous legislation. One important area that was unclear at the time of the Act's passage was the issue of retroactivity. In light of the Act's unclear legislative history, ambiguous statutory language, and seemingly contradictory Supreme Court precedent, the Act's retroactive nature has been widely litigated and discussed.
Damages In Age Discrimination Cases - The Need For A Closer Look, Lavinia A. James
Damages In Age Discrimination Cases - The Need For A Closer Look, Lavinia A. James
University of Richmond Law Review
Prior to 1967, older workers throughout the country were virtually unprotected from discrimination in their employment based on age. In the 1960's Congress first attempted to combat such discrimination against the elderly; however, none of the enacted statutes had an express prohibition on age discrimination.
Private Discrimination Actions Filed In Federal Court: Nonsubstantive Matters Affecting Liability And Relief, Gary J. Spahn, David E. Boone
Private Discrimination Actions Filed In Federal Court: Nonsubstantive Matters Affecting Liability And Relief, Gary J. Spahn, David E. Boone
University of Richmond Law Review
Confusion regarding who may be held liable and what relief may be sought is evident in the inconsistent and conflicting decisions of the federal courts in private actions which charge unlawful discrimination under color of state law. The cause of the confusion has little to do with whether in fact the plaintiff has been the victim of discrimination but may be attributed to the piecemeal development of what may be termed nonsubstantive matters which nevertheless substantially affect the issues of liability and relief.
Critique: A Defendant's View, Robert H. Patterson Jr., J. Robert Brame Iii
Critique: A Defendant's View, Robert H. Patterson Jr., J. Robert Brame Iii
University of Richmond Law Review
In ten years, employers have become subject to an imposing body of law regulating employment practices. This law has created two immense problems for the employer. First, enforcement of these laws is frequently capricious, arbitrary and unfair. Second, recent decisions strip the employer of his most reliable methods for selecting skilled, productive workers and threaten the efficiency of American industry.
Critique: A Plaintiff's View, Henry L. Marsh Iii
Critique: A Plaintiff's View, Henry L. Marsh Iii
University of Richmond Law Review
No greater challenge confronts persons seeking to enjoy America's promise of "equality and justice for all" than that of enforcing the clear congressional mandate that all forms of discrimination based on race, religion, nationality and sex be eliminated. It follows then that the continued existence of such discrimination constitutes a great danger to the moral and economic well-being of our nation.
Civil Rights-Sex Discrimination-Employer's Denial Of Disability Benefits Held To Violate Title Vii Of The 1964 Civil Rights Act
University of Richmond Law Review
Prior to 1971 women found little relief in the courts for claims of sex discrimination. The Supreme Court upheld almost all legislation designed for the "protection" of women, predicated on their virtue, their health, or the "well being of [their] race." The first major legislative prohibition of sex discrimination, outside of judicial interpretation of the equal protec- tion clause, is found in Title VII of the 1964 Civil Rights Act. It seems ironic that a provision on sex discrimination, today a frequently litigated issue, was amended to Title VII almost as an afterthought.
Sex Discrimination In Employment: What Has Title Vii Accomplished For The Female?
Sex Discrimination In Employment: What Has Title Vii Accomplished For The Female?
University of Richmond Law Review
The legislative intent of Title VII of the 1964 Civil Rights Act was to eradicate all forms of discriminatory employment practices based upon race, religion, national origin or sex. While the initial success of accomplishing this goal fell short of what was expected, important strides in recent years have reversed earlier disappointments.
Civil Rights Act And Professionally Developed Ability Tests
Civil Rights Act And Professionally Developed Ability Tests
University of Richmond Law Review
With the shift in America from a mercantile to a highly industrialized society, the right to use his labor and skill has become a person's most valuable asset. The common law did little to preserve this asset, since an employer had the absolute right to discharge his employee at will. While the fifth and fourteenth amendments to the Constitution provided some relief in federal and state discriminatory practices, they offered little hope for those deprived of employment opportunities by the discriminatory acts of private individuals.