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McCarthy, Martha M. – Viewpoints, 1976
The right of educators to classify students is not being challenged in the courts, but the procedures used and the basis for classifications are being questioned and in some cases subjected to strict judicial scrutiny under the equal protection clause. (MB)
Descriptors: Civil Rights, Classification, Court Litigation, Disability Discrimination
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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