Because further litigation probably will perpetuate the battle of the experts in age projections, the problem of determining medically the functional age of individuals should be addressed administratively by the agencies concerned with public safety and with the problems of the older worker. Available from Wayne State University Law School, 468…

Race-conscious employment programs are considered in two contexts: governmental measures designed to remedy governmentally identified past discrimination or underrepresentation of minority employees; and voluntary implementation of remedial, race-conscious measures by private employers. (Author/MC)

Three exceptions or defenses to the Age Discrimination in Employment Act of 1967 are analyzed--the bona fide occupational qualification, bona fide seniority system, and bona fide benefit plan. Available from Georgia Law Review, University of Georgia School of Law, Athens, Georgia 30602; sc $3.50. (IRT)

The purpose of this study was to identify which of 36 mathematical competencies were deemed desirable or mandatory by hiring officials in selected businesses. (MP)

Discusses perceptions of affirmative action by governmental officials, academic opponents, civil rights groups and womens' groups, examines some frequently cited instances of affirmative action, and explains why affirmative action has been so poorly enforced. (Author/JM)

Age discrimination in employment may be so covert as to be undisclosed, which makes it difficult to measure the overall extent of actual discrimination. Perceived discrimination, a person's belief that there is age discrimination in employment practices, can have results as effectual as actual discrimination. A weighted sample of persons age 40 to…

Current public sector anti-discrimination remedies are outlined, followed by discussion of the importance of the class action in Title VII cases and three judicial approaches used: the substantial evidence test; independent review; and the trial de novo. It is concluded that courts should adopt a standard that permits a trial de novo. (LBH)

The focus of this comment is on the availability of damages under both Title VII of the Civil Rights Act of 1964 and section 1981 with an analysis of the decisional law and theoretical rationales used by federal courts in allowing or disallowing damage awards. Consideration is given to compensatory versus punitive damages as well as those for…

An understanding of what constitutes discrimination and of how to avoid committing discriminatory practices is of vital importance to a Title VII organization. Inconsistencies in the language of Title VII, in governmental orders and regulations, and in court decisions create problems for Title VII organizations in decision-making. (LBH)

In Bellamy v. Masons's Stores, Inc., the Fourth Circuit of Appeals held that section 1985 (3) of the Ku Klux Klan Act displayed a congressional intent that state action be required for an action based on a conspiracy to deprive first amendment rights. The decision is examined in regard to Griffin v. Breckenridge. For journal availability see HE…

In Emporium Capwell Co. v. Western Addition Community Organization, the Supreme Court held that concerted activities by a group of minority employees attempting to bargain collectively with their employer over allegedly racially discriminatory employment practices would not be protected by the NLRA. Implications are discussed. For journal…

The enactment of Title VII erected a massive administrative system designed to investigate, prevent, and eliminate employment discrimination. However, the EEOC, even with increased enforcement powers, has been unable to handle its overwhelming caseload. A private right of action for interim relief is discussed. For journal availability see HE 508…

The 1974 Supreme Court decision in Alexander v. Gardner-Denver Co. resolved the controversy in the lower courts concerning the finality of an arbitration award when concurrent or subsequent court action is brought under Title VII. For journal availability see HE 508 844. (LBH)

Seniority layoff cases before the courts have results from the court's attempts to harmonize two equally important national policies: seniority protection and equal opportunity. Types of seniority are discussed in relation to Title VII and layoff problems. Available from: University of Akron, School of Law, Akron, Ohio 44325. (LBH)

Complex issues in the educational environment often require sound legal counsel. Effective representation assists the district in controlling legal issues that could potentially burden the operation of the school. Offers advice regarding selecting, retaining, and effectively communicating with legal counsel. (Contains 12 references.) (Author/MLF)