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McCarthy, Martha M. – Journal of Educational Equity and Leadership, 1980
Analyzes recent litigation as to the vitality of constitutional protections as compared to Title VII guarantees in combatting discriminatory employment practices. Provides guidance for individuals seeking legal remedies for alleged discrimination and for employers who are attempting to comply with antidiscrimination mandates. (Author/GC)
Descriptors: Affirmative Action, Civil Rights Legislation, Court Litigation, Equal Opportunities (Jobs)
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McCarthy, Martha M. – Journal of Education Finance, 1981
Considers the implications for school boards and school officials of recent litigation under Section 1983 of the Federal Civil Rights Act of 1871. Reviews the issues of official status under the law, immunity to suits, good faith defences, and liability for damages. (RW)
Descriptors: Administrators, Boards of Education, Civil Rights Legislation, Court Litigation
McCarthy, Martha M. – 1984
This chapter provides an analysis of seniority rights under Title VII of the Civil Rights Act of 1964, which bars discrimination in employment. Two legal theories have arisen in assessing Title VII claims: discriminatory treatment, in which the burden of proof of discriminatory intent lies with the plaintiff, and discriminatory impact of neutral…
Descriptors: Affirmative Action, Civil Rights Legislation, Compliance (Legal), Court Litigation
Peer reviewed Peer reviewed
McCarthy, Martha M. – Harvard Educational Review, 1983
The author considers the legality of minimum competency testing diploma requirements applied to the handicapped in light of (1) their constitutional and statutory rights to nondiscriminatory treatment, (2) their statutory right to an appropriate education, and (3) their constitutional right to substantive and procedural due process. (Author/SSH)
Descriptors: Civil Rights Legislation, Constitutional Law, Disabilities, Disability Discrimination
McCarthy, Martha M. – 1983
An overview is presented of litigation in which courts have interpreted educational employees' rights to nondiscriminatory treatment and employers' obligations to ensure equal employment opportunities. Because of the range, volume, and complexity of the litigation in this area, the intent is to identify applicable legal principles rather than to…
Descriptors: Affirmative Action, Age Discrimination, Civil Rights Legislation, Court Litigation
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McCarthy, Martha M. – 1983
This monograph reviews the current status of constitutional, statutory, and case law governing public employers' obligations to assure equal employment opportunities and employees' rights to nondiscriminatory treatment. An initial overview of the legal framework discusses federal equal protection mandates including the guarantee of equal…
Descriptors: Affirmative Action, Age Discrimination, Civil Rights Legislation, Court Litigation