Suggests modifications to seniority systems that would eliminate those aspects that have not served women and minorities fairly. (IRT)

Asserts that Contractors Association of Eastern Pennsylvania v. Secretary of Labor is the only case in which the constitutionality of affirmative action through contract compliance has been examined, points out a growing belief in affirmative action's "significant impact," and questions the legality of Executive Order 11246, which…

"Affirmative action" is the term typically used to refer to two contrasting values: the value of equal opportunity and the value of equal results. The Justice Department under the Reagan Administration, however, draws a clear distinction between the two, and is committed to the "original" meaning of affirmative action. That is,…

This document gives in broad outline the contours of the notion of affirmative goals and timetables, as adopted in the Four Agency Agreement developed by the Justice Department, EEOC, the Department of Labor, and the Civil Service Commission. Two appellate court decisions dealing with the issue of affirmative hiring relief are discussed. (MJM)

Reviews key 1997 judicial decisions relating to Title IX gender discrimination claims by students in higher education, decisions concerning California's Proposition 209 (designed to end "preferences" in education and other contexts), and the "McDonnell Douglas" burden-shifting framework for disparate race claims in the…

Argues the legality of Executive Order 11246, which requires affirmative action in employment, holding that Title VII of the Civil Rights Act of 1964 is a legal basis and that there is no evidence that affirmative action has led to hiring unqualified blacks and females. (JT)

Federal laws and regulations designed to assure equal employment opportunities have only recently been applied to faculty employment, but they have rapidly become an important issue in higher education. The goal of true equal employment opportunity has been pursued in court cases and legislation for many years, principally in the industrial…

This study examines the performance of the Federal Courts and the Federal Communications Commission (FCC) in monitoring the efforts of broadcasters to guarantee equal employment opportunity, focusing on the use of employment statistics as an indication of effective equal-employment practices. Sections of the study include: court decisions…

Examines the debate over affirmative action and reverse discrimination, and discusses how and why the present dilemma has developed. Suggests that organizations can best address the problem through an honest, in-depth analysis of their organizational structure and management practices. (JG)

"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…

Justice Powell's conceptualization of sex discrimination in the Bakke case is analyzed. Implications of this analysis for affirmative action for women are considered, and the court's approach to affirmative action for minorities is rejected as applying to women's rights. An alternative approach to affirmative action for women is outlined.…

Examines the effectiveness of two provisions to prevent employment discrimination: Title VII, Civil Rights Act, 1964 and Executive Order 11,246. Inadequacies of federal civil rights enforcement are analyzed and policies that might fight discrimination are examined. Available from Rutgers-Camden Law Journal, Rutgers School of Law, 5th and Penn…

A plaintiff filed a complaint alleging that the University of Minnesota was engaged in employment discrimination based upon sex, national origin, and color. The Court commenced a pilot trial of the plaintiff's claims and the claims of a subclass from the university's chemistry department. The consent decree is presented. (MLW)

Affirmative action and reverse discrimination are discussed. Facts that were omitted from the court record on the Bakke case are examined. The need for encouraging minority students and women to continue to press for school admission and for lawyers to continue to press affirmative action suits is stressed. (MC)