Race, gender, work, and choice: an empirical study of the lack of interest defense in Title VII cases challenging job segregation
Article Abstract:
The lack of interest defense is used by employers in Title VII cases to allege that job segregation is the result of women's and minorities' lack of interest in higher-paying jobs rather than discrimination. A survey of cases decided since 1965 shows that judges are more amenable to the lack of interest defense in sex discrimination cases than in race discrimination cases. However, since 1977, the defense has succeeded more often in race discrimination cases as well. In accepting the lack of interest defense, judges have relied on stereotyped views of women and minorities that the law was meant to combat.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1992
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The law as they found it: disentangling gender-based affirmative action programs from Croson
Article Abstract:
The US Supreme Court in City of Richmond v J.A. Croson Co applied a strict scrutiny standard and increased factual requirements to a racial affirmative action program, but the same standards should not apply to gender-based programs. Following Croson, some courts have applied the strict scrutiny standard to gender-based programs, some have continued to apply intermediate scrutiny and others have combined intermediate scrutiny with Croson's enhanced factual requirement. Intermediate scrutiny should be continued for gender-based programs and the factual requirements should not be increased.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1992
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Courts behaving badly; task forces say some judges impatient with job bias cases
Article Abstract:
Task forces find that federal judges tend to take an uncharitable view of gender bias cases. The findings included gender-biased incivility while in court, few women in management positions among courtroom employees even though most employees were female, and no written employment policies prohibiting sexual harassment as well as procedures to deal with complaints of bias. The studies did not address how attitudes affected the outcomes of cases, but do cause doubt about the fairness of the system.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
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