Intent is needed for workplace bias
Article Abstract:
The US Supreme Court has heard oral argument in the race discrimination case of St. Mary's Honor Center v. Hicks. The plaintiff in this case claims his discharge for misconduct was really a discharge for racial reasons. The US 8th Circuit Court of Appeals' finding for the plaintiff, despite an absence of evidence that the employer was motivated by discriminatory intent, does not accord with case law. When employers give reasons other than discrimination for their behavior, the plaintiff's prima facie case disappears and whether the evidence proves intentional discrimination is the only issue left.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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For the record: Lani Guinier in her own words
Article Abstract:
President Bill Clinton on Jun 3, 1993, withdrew the nomination of Lani Guinier to head the civil rights division of the Justice Department. Ms. Guinier is a University of Pennsylvania Law School professor who worked in the civil rights division during the Carter years and also headed the Voting Rights Project of the NAACP Legal Defense and Educational Fund. She has argue in law review articles that voting rights litigation ultimately failed in the civil rights movement's mission to transform politics and empower minorities, and suggested other ways to empower them.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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Wards Cove loophole is an outrage
Article Abstract:
The Civil Rights Act of 1991 contained an exemption proposed by Senator Frank Murkowski of Alaska, the state which is home to the Wards Cover cannery. The exemption applied to discrimination cases filed before Mar 1, 1975 and decided after Oct 30, 1983. The Wards Cove plaintiffs are continuing their legal fight and a group including minority, civil rights, community and labor organizations is lobbying Congress for a repeal of the Wards Cove exemption.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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