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Reverse discrimination employment litigation: defining the limits of preferential promotion

Article Abstract:

Affirmative action plans involving preferential promotion must be designed carefully to avoid reverse discrimination. The 11th Circuit Court of Appeals decision In re Birmingham Reverse Discrimination Employment Litigation helps to clarify when such an affirmative action plan constitutes reverse discrimination. To avoid reverse discrimination charges, a utilization analysis should be conducted to determine realistic goals for the program based on the relevant labor market. The plan should be narrowly designed, flexible and of limited duration to comply with both Title VII of the Civil Rights Act of 1964 and the Equal Protection Clause.

United States, Cases, Employee promotions

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Measuring hiring discrimination

Article Abstract:

Tester studies purporting to offer statistical proof of race discrimination in employment are increasing in popularity. The May 1991 Urban Institute study of hiring discrimination against young African-Americans is one example of this trend. The study concluded that such discrimination is deep-seated and widespread, but the study's approach is flawed. For instance, it fails to mention that in 67% of the cases neither the white nor the black applicant was offered a job. Also, the study ignores the fact that disparities in hiring increase as general conditions of discrimination abate.

Analysis, Employment discrimination, Race discrimination

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Should men benefit from the same presumption of unlawful sex discrimination that helps women claimants under the Equal Pay Act?

Article Abstract:

Men should be able to bring reverse discrimination claims under the Equal Pay Act of 1964, but should not enjoy the rebuttable presumption of illegal sex discrimination which women and other minorities do. This is the approach courts have taken in Title VII reverse discrimination cases and should apply to Equal Pay Act cases as well. The presumption is supposed to protect minorities and majorities do not need that extra protection.

Laws, regulations and rules, Sex discrimination against men

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