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Levine, Marvin J. – Labor Law Journal, 1978
In several 1977 cases the Supreme Court held that a bona fide seniority system may apply different terms of employment if it operates in a neutral fashion and is not intentionally designed to discriminate. Available from the Commerce Clearing House, Inc., 4025 W. Peterson Avenue, Chicago, Illinois 60646; single copy $3.00. (Author/IRT)
Descriptors: Court Litigation, Job Layoff, Racial Discrimination, Reverse Discrimination
Peer reviewed Peer reviewed
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
Peer reviewed Peer reviewed
University of Pennsylvania Law Review, 1974
The impact of Title VII of the Civil Rights Act of 1964 on seniority and the treatment of employment discrimination under the National Labor Relations Act of 1935 are examined. It is argued that in the area of seniority the National Labor Relations Board (NLRB) has a new role to play in avoiding conflicts between the two acts. (JT)
Descriptors: Collective Bargaining, Court Litigation, Employment Practices, Equal Opportunities (Jobs)
Peer reviewed Peer reviewed
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
Peer reviewed Peer reviewed
Goodman, Carl F. – Public Personnel Management, 1977
Considers implications of hiring quotas and examines whether the courts may properly order preferential employment plans where the beneficiaries have not shown particularized injury from discrimination and where individuals disadvantaged by the plans are not represented in court. (Author)
Descriptors: Affirmative Action, Court Litigation, Employment Practices, Equal Opportunities (Jobs)
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
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
New York City Board of Education, Brooklyn, NY. – 1975
As a result of the Civil Rights Act of 1964 and numerous federal district court rulings, during the last 10 years many employers have actively recruited and hired individuals from the groups that previously suffered the most from job discrimination. A conflict is now arising between the need for equal job opportunities and seniority-based job…
Descriptors: Boards of Education, Court Litigation, Elementary Secondary Education, Equal Opportunities (Jobs)
Klasson, Charles R.; And Others – Personnel Administrator, 1980
A summary of the most pertinent Title VII cases as they relate to fair performance appraisal systems for promotion, layoff, salaries, and training. (Author/JM)
Descriptors: Administrator Responsibility, Compensation (Remuneration), Compliance (Legal), Court Litigation