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.

Analysis, Evidence (Law), Testimony, Sexual harassment

---

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.

United States, Interpretation and construction, Cases, Burden of proof, Retroactive laws

---

Similar abstracts:

• Abstracts: The many faces of mediation confidentiality. Mediation and the Constitution
• Abstracts: The concept of property and the Takings Clause. Taxation and the Constitution
• Abstracts: The last priesthood: the coming revolution in medical care delivery. A better way to spur medical research and development
• Abstracts: Tribes v. states: zoning Indian reservations. Oil and water in the Indian country. The Blaze construction case: an analysis of the Blaze Construction tax cases and the implications on avoidance of taxation in Indian Country
• Abstracts: Clinton's effect on labor & employment law. Regional labor-market data: why bother? How to bother?

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.