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1985

Labor and Employment Law

Intentional discrimination

Articles 1 - 2 of 2

Full-Text Articles in Law

Alternatives To Challenged Employee Selection Criteria: The Significance Of Nonstatistical Evidence In Disparate Impact Cases Under Title Vii, Julia C. Lamber Jan 1985

Alternatives To Challenged Employee Selection Criteria: The Significance Of Nonstatistical Evidence In Disparate Impact Cases Under Title Vii, Julia C. Lamber

Articles by Maurer Faculty

In contrast to most recent commentary and a superficial reading of Supreme Court cases, Professor Lamber rehabilitates the concept of a distinct disparate impact theory under Title VII of the 1964 Civil Rights Act. She examines one important evidentiary question-the significance of alternative employee section criteria-to expose underlying policy questions often buried in technical questions of form. Others have argued that the Supreme Court's apparent analytical and evidentiary alignment of disparate impact and disparate treatment cases shows that Title VII bars only "intentional discrimination" and thus the purpose of alternatives evidence is quite limited. Professor Lamber presents a different view, …


Discretionary Decisionmaking: The Application Of Title Vii's Disparate Impact Theory, Julia C. Lamber Jan 1985

Discretionary Decisionmaking: The Application Of Title Vii's Disparate Impact Theory, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.