Law Commons^™

Employment Discrimination And The Assumption Of Equality, Michael Evan Gold

Michael Evan Gold

The assumption of equality undergirds the American law of employment discrimination. The assumption is that racial and sexual classes are equally qualified for jobs. Although it has sometimes been ignored, and can be rebutted in a specific case, the assumption of equality is fundamental to the law of nondiscrimination. Proof of discrimination in a class action, whether based on disparate treatment or disparate impact, requires the assumption. The assumption is so strong in this context that when the Supreme Court weakened it recently, Congress promptly reinforced it. The assumption of equality is also a crucial element of the law of …