Guidelines related to disparate impact, burden of proof, and the 1991 Civil Rights Act: analysis of federal court cases up to Wards Cove
Article Abstract:
The cases on employment discrimination between Griggs v. Duke Power Co. and Wards Cove v. Atonio should exemplify cases on this topic brought after the 1991 Civil Rights Act as the precedents will be the same. The circuit courts of appeal and the US Supreme Court heard 122 employment discrimination cases between 1971 and 1989, the period in question. The courts in these cases accepted a content validation strategy as evidence if it was well carried out. The cases are analyzed as to complainant characteristics, type of employment decision, prevailing party, and content-, construct- and criterion-related validity.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1995
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Disparate impact cases under the Civil Rights Act of 1991
Article Abstract:
The Civil Rights Act of 1991 differs very little from prior Supreme Court employment discrimination rulings where disparate impact was alleged. Employers now bear the burden of proof of business necessity. President Bush's main concern was that this not be seen as a quota bill, but one way for employers to cope with their high burden of proof will be to have quotas which do not cause a disparate impact. The vagueness of the statute, in particular the absence of a definition of business necessity, will increase judicial interpretive power.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1992
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