Do as she does, not as she says: the shortcomings of Justice O'Connor's direct evidence requirement
Article Abstract:
The US Supreme Court needs to resolve the uncertainty created by Justice O'Connor's concurring opinion in Price Waterhouse v. Hopkins regarding the level of proof of mixed-motive discrimination that will result in the burden of persuasion being shifted to the employer. O'Connor stated that the plaintiff should be required to offer direct evidence that an improper motive was involved in the employer's actions. Courts attempting to follow this ruling have misinterpreted O'Connor's use of the term "direct evidence" and have imposed an evidentiary standard almost impossible to overcome.
Publication Name: Berkeley Journal of Employment and Labor Law
Subject: Law
ISSN: 1067-7666
Year: 1996
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Title VII arbitration
Article Abstract:
Arbitration clauses in employment are problematic to the extent that they may preempt anti-discrimination statutes that apply external norms to the employment setting. Causes of action based on disparate treatment can be dealt with through arbitration because the internal focus of the laws will not be offended by having arbitrators determine compliance. The Age Discrimination in Employment Act, among other statutes, imposes external standards. These external standards should not be subject to review in the arbitration process.
Publication Name: Berkeley Journal of Employment and Labor Law
Subject: Law
ISSN: 1067-7666
Year: 1995
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