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Defining "otherwise qualified applicants": applying an antitrust relevant-market analysis to disparate impact cases

Article Abstract:

The author argues that commodity market antitrust principles can be applied to qualified labor markets to increase predictability of the applicant pool and the development of a coherent economic and legal framework for disparate impact cases.

Author: Baker, Scott
Publisher: University of Chicago Law School
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 2000
Antitrust law, Beliefs, opinions and attitudes, Employee selection

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Physical ability tests and Title VII

Article Abstract:

The author examines the Civil Rights Act of 1991's 'business necessity' or 'job related' defense for disparate impact claims under the Civil Rights Act of 1964's Title VII, with a focus on physical ability tests.

Author: Hollar, David E.
Publisher: University of Chicago Law School
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 2000
Testing, Physical fitness, Employment tests

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Defining the "essence of the business": an analysis of Title VII's privacy BFOQ after Johnson Controls

Article Abstract:

The author examines the 'bona fide occupational qualification', which allows employers to exclude job applicants because of their sex, under Title VII of the Civil Rights Act of 1964.

Author: Berman, Jillian B.
Publisher: University of Chicago Law School
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 2000
Privacy, Right of, Right of privacy, Sex discrimination

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Subjects list: United States, Laws, regulations and rules, Employment discrimination
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