In this critique, race is centralized to draw attention to the role it plays in the complex evolution of response to intervention, past and present. I use a critical race theory analytical lens to focus on how the dominant narrative serves as a framework within institutional and political structures in support of the approach. A brief overview of…

The purpose of this research was to examine Court Cases Alleging Employment Discrimination in Public Schools by analyzing 115 law based court cases ranging during 1980-2012, through the most available publication of "West's Educational Law Digest" of 2012. Employment is a means to provide sustainable income to support the individual(s)…

The need to ensure equal rights to different age groups without discrimination in our country necessitates the study of international experience. One of the traditional and at the same time, urgent problems in the USA is the problem of age equality and the overcoming of discriminatory theory and practice. The goal of the study is to analyze the…

In the early 1980s, the University of Notre Dame Law School's Center for Constitutional Studies surveyed 801 religiously affiliated colleges to determine which federal laws and regulations had a "serious potential" of interfering with the character and mission of the schools. From the 226 responses, the Center identified 11 issues, three…

The process of voting is a fundamental right and privilege of any democracy. In fact, "Merriam-Webster" defines the word democracy as "a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free…

Reviews court decisions under Title VII of the Civil Rights Act of 1964 in which, despite Section 703(j), preferential remedial action implemented through numerical formulas is prescribed to improve minority employment opportunities. Concludes the pattern will continue until Congress or the Supreme Court clarifies the subject of preferential…

A method of dealing with the problems of discrimination against homosexuals in private employment through the application of Title VII of the Civil Rights Act of 1964 is discussed. The scope of the paper is limited to male homosexuals. (LBH)

Credentialing examinations have been relatively immune from legal attack based on allegations that the examinations lack validity. The extent of the present legal obligation to demonstrate the validity of credentialing examinations is analyzed in three areas: (1) the Civil Rights Act of 1964; (2) the Constitution; and (3) antitrust laws.…

An overview of the problem of preferential remedies to achieve equal employment opportunities for women and minority groups. Contends that "color blindness" will not end discrimination but that some form of "color conscious" affirmative action program must be employed. Temporary preferential treatment is justified, according to…

Federal constitutional, statutory, and case law dealing with minority-targeted scholarships and admissions are reviewed. Applicable laws and standards, standing, admission and scholarship procedures, affirmative action, and holistic assessments are discussed. It is concluded that many existing affirmative action programs may violate the Fourteenth…

Two remedies exist for employment discrimination: Title VII of the 1964 Civil Rights Act and section 1981 of Title 42 of the U. S. Code, recently resurrected by the Supreme Court in Johnson v. REA. The author points out that this has increased the workload of the judiciary, especially since 1981 has no statute of limitations. (LBH)

This paper sets out the legal grounds for sexual harassment claims in education settings, and notes a number of pertinent cases that are illustrative of common legal and factual issues. Sexual harassment, including sexual abuse, is prohibited by federal and state statutes. Sexual harassment in the context of employment constitutes employment…

An overview of the judicial developments under Title VII during the first decade is presented from a perspective of private enforcement. Considered are employment discrimination, establishing the unlawful employment practice, formulating effective relief, and the Equal Employment Opportunity Act. Available from: 3642 Lindell Boulevard, St. Louis,…

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination by any recipient of federal assistance on the basis of a person's handicap. Discussion centers on claiming protection under Section 504, a court case illustrating affirmative duty, and private right of action and standards for scrutinizing unequal treatment. (AF)

The impact of federal legislation aimed at discriminatory practices of state and local governments as mandated by the Civil Rights Act of 1964 and the Equal Employment Opportunity Act of 1972 is examined. Several Title VII violations are outlined; it is concluded that federal authority can be upheld under Title VII and the Fourteenth Amendment.…