Abstracts » Law

Equal employment requirements for employers: a closer review of the effects of the Civil Rights Act of 1991

Article Abstract:

The goal of the Civil Rights Act of 1981 was to redress inequities created by several Rehnquist Court decisions during the court's 1989 term, but the act was watered down somewhat as a result of compromise with the Bush administration. The act still imposes on employers a higher burden of proof to defend practices resulting in 'disparate impact.' Employers will want to protect themselves by developing more formalized personnel practices and reviewing those in existence to make sure they have no discriminatory criteria and that job requirements are clearly job-related.

Employment discrimination

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Affirmative action in the public sector: the increasing burden of "strict scrutiny."

Article Abstract:

Many state legislatures have affirmative action restrictions pending, but such restrictions come mainly from the courts, who are finding that some programs have continued after their goals were met or have been justified by reasons not having a compelling governmental interest. It is not surprising that many affirmative action programs for state and local employees have become institutionalized with over 30 years of operation. Risks such as reverse discrimination suits or one ethnic minority suing another endanger the public sector if these programs are not audited.

Testimony, Public employees, Government employees

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Adarand Constructors, Inc. v. Pena: new standards governing the permissibility of federal contract set-asides and affirmative action

Article Abstract:

The US Supreme Court's decision in Adarand Constructors, Inc v. Pena will not impact states or local government's affirmative action programs but expands the existing equal protection standards to the federal government. Federal contract set-asides and affirmative action programs will now have to meet the two-part test involving compelling government interest and the absence of race-neutral alternative remedies. Private programs are also unaffected.

Cases, Human resource management, Equality before the law, Equal protection, National government, Federal government

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