The purpose of this paper is to estimate the effects of enforcement of Title VII to determine whether and to what extent it has helped to achieve the elimination of employment discrimination. The model developed in this paper is considered to depart from those of previous Title VII studies in two ways. First, it incorporates the effects of the…

Federal courts have developed contradictory answers in considering preferable remedies for discriminatory seniority systems in employment. The author offers suggestions for development of a uniform policy called for in the Supreme Court decision in Franks v. Bowman Transportation Co. (JT)

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…

Increased litigation in areas of indirect discrimination in higher education is expected. Indirect discrimination may manifest itself in an institution's failure to promote or grant tenure, its transfer of personnel, changes in the nature of assignments, harassment of faculty members, or other actions that ultimately cause the employee to resign.…

Argues that Title VII prohibits preferential treatment of any group unless ordered by a court pursuant to a judicial finding of unlawful discrimination and unless the preferential treatment is limited to providing relief to judicially identified victims of that discrimination. Available from Georgetown Law Journal, 600 New Jersey Avenue,…

Presents a brief historical summary of affirmative action, examines its practices, and explores its future prospects. The article argues that the way out of the racial isolation brought about by the success of middle-class racial integration is to practice affirmative action on the basis of class rather than race, that is, equality of opportunity.…

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…

The "Griggs vs. Duke Power" decision of the Supreme Court specifies that job relatedness is the only lawful reason for using tests for the purpose of selection when their use results in the disproportionate exclusion of minority group members. One of the main implications of the "Griggs" decision for the test producer and user…

Examines the sources of legal policy challenged by critics of the Committee on the General Aptitude Test Battery report. Indicates solid legal precedent for "burden shifting" to the employer when employment practice adversely affects a protected class. Finds that critics attack what is simply a description of established social policy.…

In this paper we review the research evidence on the effects of affirmative action in employment, university admissions, and government procurement. We consider effects on both "equity" (or distribution) as well as "efficiency." Overall, we find that affirmative action does redistribute jobs, university admissions, and…

Describes the evolution of "race-norming," or "within-group scoring," the practice by which job candidates' scores on employment tests are reported relative to comparison groups of their own race or ethnicity. Contends that race-norming fosters group rather than individual rights and perpetuates the inequality it intends to…

An examination was made of the evidentiary problems that exist in using a disparate impact theory to challenge the subjective criteria many organizations use to hire, promote, or dismiss upper-level professional and managerial employees. Although subjective criteria occur at all levels of employment, they are especially prevalent when dealing with…

Asserts that the United States has a long, sad history of discrimination against minority rights. Discusses the origins and history of minority inclusion or affirmative action programs. Includes a special report on the "English Only" movement. (CFR)

The Reagan administration is committed to the principle of equal employment opportunity (EEO). No policy shift has occurred in the treatment of "class action" litigation, or in the "pattern or practice" suits in the Justice Department's Title VII enforcement activities. Significant money settlements have been obtained in…

The use of tests in personnel decisions has become an increasing legal liability for employers. The major questions raised by the courts concerning this use of tests are described. Current federal guidelines for performance appraisal systems, as established by the Equal Employment Opportunity Commission, are explained and traced to Title VII of…