The Civil Rights Act of 1991: continuing violation and the retroactivity controversy
Article Abstract:
The question of the retroactive application of the Civil Rights Act of 1991 to a continuous pattern of pre-Act sexual harassment has occupied most of the federal circuit courts. Although there is disagreement, the general consensus among the courts is that the law will not apply to pre-Act behavior. The law itself does not answer the question of retroactive application and the legislative history contains material both for and against retroactivity. Plaintiffs will probably still try to introduce pre-Act behavior as evidence and retroactivity will continue to be an issue.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1993
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The disparate impact burden of proof under the Civil Rights Act of 1991
Article Abstract:
The retroactive application of the disparate impact burden of proof standard, created by Wards Cove Packing Co v. Atonio, after it was expressly overruled in the 1991 Civil Rights Act, should be questioned in a public forum. A Fifth Circuit review of a Northern District of Texas case, Hartnagel v. General Motors, is necessary to help resolve continued confusion on the use of the Wards Cove burden of proof.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1995
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