Inclusion of sexual orientation discrimination in the Equal Credit Opportunity Act
Article Abstract:
Title VII of the Civil Rights Act of 1964 and the Equal Credit Opportunity Act (ECOA) implicitly guarantee credit to applicants notwithstanding sexual orientation, but courts in the 1990s have not explicitly guaranteed the rights. The ECOA prohibits discrimination based on the intrinsic character of an applicant, including sex or marital status. Both the Civil Rights Act and the ECOA are meant to guarantee rights to those who can perform a duty. Congress should explicitly guarantee the right to credit notwithstanding sexual orientation by revising the ECOA.
Publication Name: Commercial Law Journal
Subject: Law
ISSN: 0010-3055
Year: 1998
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Age discrimination in employment: will employers focus on business necessities and the 'ROFTA' defense
Article Abstract:
The 'reasonable factor other than age' defense to employee claims under the 'Age Discrimination in Employment Act is discussed, with emphasis on the California Appellate Court in Marks v. Loral Corp., which held that cost-based layoffs that fall disproportionately on older employees do not constitute illegal age discrimination.
Publication Name: Commercial Law Journal
Subject: Law
ISSN: 0010-3055
Year: 1999
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Reeves v. Sanderson: United States Supreme Court attempts to clarify plaintiff's burden in 'ADEA' claims
Article Abstract:
The author discusses disparate treatments claims against employers under the Age Discrimination in Employment Act. The Supreme Court's Reeves v. Sanderson Plumbing Products, Inc. decision, which attempted to resolve a conflict among circuit courts over the plaintiff's burden proof in ADEA cases, is covered.
Publication Name: Commercial Law Journal
Subject: Law
ISSN: 0010-3055
Year: 2000
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