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Stacy, Donald R. – Vanderbilt Law Review, 1975
Attempts to clarify the application of rules against employment discrimination by examining the nature of the seniority system and examining the theory and mechanism of federal court and administrative agency remedies. Reviews recent problems that have tested these remedies, focusing on layoffs and liability-minimizing initiatives open to…
Descriptors: Agency Role, Court Litigation, Employment Opportunities, Federal Courts
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Sheeran, Timothy J. – Case Western Reserve Law Review, 1976
"Last hired, first fired" layoffs threaten gains made by women and minorities in equal employment opportunity under the Civil Rights Act of 1964. The author reviews and analyzes legislative and judicial history of Title VII and concludes that, contrary to recent cases, the courts have the power and duty to preserve these gains even in…
Descriptors: Affirmative Action, Court Litigation, Court Role, Employment Opportunities
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Rutgers Law Review, 1975
In Patterson v. American Tobacco Co. the court held that the existing seniority and promotion systems at American violated Title VII of the Civil Rights Act of 1964, noting that evidence showed that company practices continued the effects of prior discrimination against blacks and women within a static employment environment. (LBH)
Descriptors: Blacks, Court Litigation, Discriminatory Legislation, Employment Practices
Blumrosen, Alfred W.; Blumrosen, Ruth G. – Civil Rights Digest, 1975
Argues that the use of the long accepted principle of "last in -- first out" in making layoffs has eroded the improvements in minority and female employment, asserting that the employer must adopt the form of a layoff which shares the burden among all or a substantial group of his employees, e.g. by seeking volunteers or providing for…
Descriptors: Business Responsibility, Civil Rights, Employment Practices, Job Layoff
Peer reviewed Peer reviewed
Fine, Howard F. – University of Colorado Law Review, 1975
In presenting ways plant seniority provisions regarding layoffs should be modified to accomplish the policies of Title VII of the Civil Rights Act of 1964 (to end racial and sexual discrimination in employment practices), the author analyzes leading cases to demonstrate faulty interpretations currently used and suggests alternative remedies. (JT)
Descriptors: Civil Rights, Court Litigation, Equal Opportunities (Jobs), Federal Legislation
Peer reviewed Peer reviewed
Summers, Clyde W.; Love, Margaret C. – University of Pennsylvania Law Review, 1976
Argues that the solution to the problem of the discriminatory impact of layoffs on the work forces to employers with a history of past discrimination lies not in an attack on seniority but in avoidance of layoff, not in formulas for the order of layoff but in devices for distributing available work. (JT)
Descriptors: Affirmative Action, Court Litigation, Economic Factors, Employment Patterns
Peer reviewed Peer reviewed
Belton, Robert – Saint Louis University Law Journal, 1976
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,…
Descriptors: Civil Rights Legislation, Constitutional Law, Court Litigation, Employment Practices