Civil Rights and Discrimination Commons^™

Civil Rights--Federal Jurisdiction--Exhaustion Of Adequate And Appropriate State Administrative Remedies Is A Prerequisite For Judicial Review Under Section 1983, Camilla E. Watson

Scholarly Works

Georgia Patsy, a white female secretary, brought a civil rights action under section 1983 of title 42 of the United States Code against Florida International University in the United States District Court for the Southern District of Florida, alleging employment discrimination in violation of the Constitution and laws of the United States. The district court dismissed the action for failure to exhaust state administrative remedies. The Court of Appeals for the Fifth Circuit reversed on the ground that failure to allege exhaustion of state remedies did not preclude a section 1983 cause of action. On rehearing en banc, the court …

Doing Good The Wrong Way: The Case For Delimiting Presidential Power Under Executive Order No. 11,246, Andrie K. Blumstein

Vanderbilt Law Review

The Note has demonstrated that the concept of affirmative action as embodied in the Executive Order Program induces race-conscious employment programs by federal contractors in contrast to the norm of race-neutral decision making imposed by the Civil Rights Act of 1964. The Note has also argued that a nexus analysis must define the parameters of executive authority to promulgate the Executive Order Program. In other words, there must be a close relationship between the alleged source of executive authority and the President's actual exercise of that authority...

This Note attempts to refine the Presidential power analysis of Youngstown Steel and …

On The Use Of Statistics In Employment Discrimination Cases, Richard M. Cohn

Indiana Law Journal

No abstract provided.

In Defense Of Disparate Impact Analysis Under Title Vii: A Reply To Dr. Cohn, Elaine W. Shoben

Indiana Law Journal

No abstract provided.

Statistical Laws And The Use Of Statistics In Law: A Rejoinder To Professor Shoben, Richard M. Cohn

Indiana Law Journal

No abstract provided.

Veterans' Preference Statutes: Do They Really Discriminate Against Women, Pat Labbadia Iii

Duquesne Law Review

No abstract provided.

Civil Rights - Public Employer May Voluntarily Adopt An Affirmative Action Program To Remedy Judicially Determined Racial Discrimination, Paul K. Risko

Villanova Law Review (1956 - )

No abstract provided.

Labor Law - Employment Discrimination - Joint Violation By Employer And Labor Union Of Title Vii Of The Civil Rights Act Of 1964 - Settling Employees' Claim In Full Entitles Employer To Contribution From Labor Union, David C. Corujo

Villanova Law Review (1956 - )

No abstract provided.

Wage Discrimination And The "Comparable Worth" Theory In Perspective, Bruce A. Nelson, Edward M. Opton Jr., Thomas E. Wilson

University of Michigan Journal of Law Reform

Our article focuses primarily on one legal question: Does the wage discrimination theory, as sketched by Professor Blumrosen, fall within the remedial ambit of Title VII of the Civil Rights Act? Wage Discrimination's factual contentions as to the existence and universality of wage discrimination deserve equally detailed analysis, but we leave that task to scholars of the pertinent disciplines, sociology and economics. We will deal with the factual contentions of Wage Discrimination only so far as necessary to challenge its central factual conclusion: that a demonstration of job separation should lead to a judicial inference of wage discrimination. This …

Employment Discrimination-Reverse Discrimination- Privately Instigated Racial Quotas As Acceptable Affirmative Action-United Steelworkers V. Weber, 99 S. Ct. 2721 (1979).

BYU Law Review

No abstract provided.

California Brewers Assn. V. Bryant, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Civil Rights - Unequal Contributions To Employee Retirement Plans Determined By Using Sex Segregated Morality Tables Constitute Unlawful Sex Discrimination Under Title Vii, Harold E. Rainbolt

University of Arkansas at Little Rock Law Review

No abstract provided.

Wage Discrimination, Job Segregation, And Title Vii Of The Civil Rights Act Of 1964, Ruth G. Blumrosen

University of Michigan Journal of Law Reform

It is the thesis of this article that job segregation and wage discrimination are not separate problems, but rather are intimately related. Wherever there is job segregation, the same forces which determine that certain jobs or job categories will be reserved for women or minorities also and simultaneously determine that the economic value of those jobs is less than if they were "white" or "male" jobs. Thus, those women and minorities who are channelled into segregated jobs are not only deprived of initial hiring opportunities in other jobs and meaningful transfer opportunities, but are also paid wages for the jobs …

Defining Religious Discrimination In Employment: Has Reasonable Accommodation Survived Hardison?, Randall J. Borkowski

Seattle University Law Review

Because the primary purpose of the Civil Rights Act of 1964 was the elimination of racial discrimination, not surprisingly the Act's legislative history left unclear the congressional intent of also including religion as an illegal ground for employment discrimination under Title VII. After 1964, the Equal Employment Opportunity Commission (EEOC)' and the courts struggled to interpret Title VII's prohibition of religious discrimination. In 1972, Congress amended Title VII to explicitly protect religious conduct, as well as beliefs, provided the employer might "reasonably accommodate" the conduct without "undue hardship" to his business.' In Trans World Airlines, Inc. v. Hardison, however, …

Discrimination As A Field Of Law, Arthur Larson

Faculty Scholarship

No abstract provided.

Civil Rights - Employment Discrimination - Section 1981 Cannot Invalidate Facially Neutral Seniority Systems Preserved By Title Vii Under Teamsters, John B. Wright Ii

Villanova Law Review (1956 - )

No abstract provided.

Civil Rights - Employment Discrimination - Employer May Establish Voluntary Affirmative Action Program Within Area Of Discretion Granted By Title Vii, Penny Tannenbaum

Villanova Law Review (1956 - )

No abstract provided.

Birth Defects Caused By Parental Exposure To Workplace Hazards: The Interface Of Title Vii With Osha And Tort Law, Lynne Darcy

University of Michigan Journal of Law Reform

This article will examine the problem of workers' exposure to toxic substances that affect human reproductive functions in light of the applicable legal framework provided by tort law, the Occupational Safety and Health Act of 1970 (OSHA), and Title VII of the Civil Rights Act of 1964. What employers may do to deal with this problem under existing law, and possible resolutions of some apparent conflicts between the underlying purposes of these laws, will also be delineated. It is the position of this article that the competing interests of employers, workers, and workers' offspring must be harmonized not by excluding …

Civil Liberties: Desegregation, Prisoners' Rights And Employment Discrimination In The Seventh Circuit, Patrick Baude, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Affirmative Action And The Harvard College Diversity-Discretion Model: Paradigm Or Pretext?, Alan M. Dershowitz, Laura Hanft

Cardozo Law Review

No abstract provided.

New York City Transit Authority V. Beazer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United Steelworkers Of America, Afl-Cio-Clc V. Weber, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Defense Under The Age Of Discrimination In Employment Act: Misinterpretation, Misdirection, And The 1978 Amendments, Mack A. Player

Scholarly Works

The Age Discrimination in Employment Act of 1967 prohibits employers, labor organizations, and employment agencies from discriminating because of age, but it does not protect all age groups against employment discrimination. As enacted, the 1967 Act protected persons between the ages of forty and sixty-five; the amendments in April 1978 extended that protection five years to age seventy. Thus it is not illegal to discriminate against people before their fortieth or after their seventieth birthday. The Act, in its original and amended versions, contains five exceptions or "defenses" to age discrimination in employment. Only the "bona fide occupational qualification" (BFOQ), …

A Comparative Review Of Public And Private Enforcement Of Title Vii Of The Civil Rights Act Of 1964, Robert Belton

Vanderbilt Law Review

The efforts of the EEOC, the Department of Justice, and other federal and state agencies during the first decade of enforcement have been the subject of a great deal of commentary and review. Much of this commentary has been critical. Private enforcement of Title VII has produced the major legal developments, but these efforts have received little attention in the literature. This Article therefore will present a comparative review of governmental and private enforcement efforts under Title VII. A brief overview of the historical efforts to eliminate employment discrimination prior to Title VII is necessary to place private enforcement efforts …

Vi. Employment Discrimination

Washington and Lee Law Review

No abstract provided.

Civil Rights - Title Vii - Statutes Of Limitations - Eeoc Enforcement Actions Not Subject To Any Time Limitation, Steven D. Mclamb

Villanova Law Review (1956 - )

No abstract provided.

The Unrealized Expectations Of Article 1, Section 17, 11 J. Marshall J. Prac. & Proc. 283 (1978), Elmer Gertz

UIC Law Review

No abstract provided.

The Meaning Of "Public" In Section 709(E) Of The 1964 Civil Rights Act And Access To Information Gathered By The Eeoc, Mark R. Overstreet

Kentucky Law Journal

No abstract provided.

New Definition Of Seniority System Violations Under Title Vii: He Who Seeks Equity..., Stephen Utz

Faculty Articles and Papers

No abstract provided.

A Technical Look At The Eighty Per Cent Rule As Applied To Employee Selection Procedures, Jacob Van Bowen Jr., C. Allen Riggins

University of Richmond Law Review

In litigation under Title VII of the Civil Rights Act of 1964, statistical data has been referred to as "the only game in town." This characterization only slightly overstates the importance of statistical data to prove or rebut a case of employment discrimination. In the first decade of Title VII litigation, statistical analysis in the courts was relatively uncomplicated, sometimes involving a mere recital of percentage differences or lack thereof between minority and majority classes. In recent years, however, courts and Title VII litigants have begun to take a more sophisticated view of the use of statistics in Title VII …