Reverse discrimination: the Supreme Court's dilemma
Article Abstract:
The US Supreme Court has confronted the relative merits of affirmative action and 'reverse discrimination' for several years. Key cases have included: Wygant vs. Jackson Board of Education; Local 28 of Sheet Metal Workers vs. EEOC; Local Number 93, International Association of Firefighters, AFL-CIO vs. City of Cleveland; and United States vs. Philip Paradise. The Court's rulings in these and other cases reflect a desire that worker qualifications must be part of all hiring and promotion decisions, and that the rights of majority group members should not be unduly restrained in order to help minority group members. It is suggested that future Court rulings may uphold just a few reverse discrimination affirmative action plans.
Publication Name: Personnel Journal
Subject: Human resources and labor relations
ISSN: 0031-5745
Year: 1988
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Auditing sexual harassment
Article Abstract:
Recent court findings on sexual harassment reveal that employers can be found liable for sexual harassment even when senior management are unaware of the conduct, but a ruling in another case deemed that offensive language and pictures may not constitute harassment. Companies that want to protect themselves against harassment should take certain steps to develop specific programs to erase any sexually harassing behaviors, and to emphasize prevention as the best measure. Specific steps can include: giving strong disapproval of sexual harassment; establishing methods to make employees aware of sexual harassment; and developing sanctions for offenders.
Publication Name: Personnel Journal
Subject: Human resources and labor relations
ISSN: 0031-5745
Year: 1989
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Pitfalls of informal affirmative action
Article Abstract:
A number of recent court cases are presented, including Lehman vs. Yellow Freight System, and Harmon vs. San Diego County, to illustrate the risks associated with establishing informal affirmative action programs. The decisions in the cases illustrate that employment decisions connected to race or gender cannot be made on an ad-hoc basis. Firms that have established such programs have been found to violate civil rights laws. Instead, companies need to develop written affirmative action plans which abide by guidelines set by the Equal Employment Opportunity Commission and various court rulings.
Publication Name: Personnel Journal
Subject: Human resources and labor relations
ISSN: 0031-5745
Year: 1990
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