Civil Rights Act of 1990: Hearing Before the Committee on Labor and Human Resources, United States Senate, One Hundred First Congress, First Session, on S. 2104 ... February 23, 27, March 1, and 7, 1989, Volume 4 |
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Common terms and phrases
adverse impact affirmative action appeal application attorneys bill burden of proof business necessity CHAIRMAN challenge Civil Rights Act claims COLEMAN collateral attack Committee Congress consent decree consent judgment contract Court decisions defendant denied discriminatory disparate impact district court Dothard due process employer employment decision employment discrimination employment practices equal employment facie fair Federal fees filed Firefighters Griggs hearing hiring HUFSTEDLER intentional discrimination intervene issue Jefferson County judgment Justice labor lawsuit legislation liability litigation Lorance Lukens Steel Co Martin McLean Credit Union ment minorities motive nonparties parties Patterson percent persons plaintiff prepared statement Price Waterhouse procedures promotion proposed prove punitive damages qualified question quotas race reason remedy requirement result reverse discrimination rule S.Ct Section Senator HATCH Senator Jeffords Senator METZENBAUM settlement standard statute Thank tion Title VII U.S. Supreme Court victims violation Wards Cove Wilks women workforce workplace
Popular passages
Page 19 - (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual s race, color, religion, sex, or national origin.
Page 16 - For another distinctive, discrete minority, Shakespeare's Shylock described the issue as follows: "He hath disgraced me, and hindered me half a million: laughed at my losses, mocked at my gains, scorned my nation, thwarted my bargains, cooled my friends, heated mine enemies, and what's his reason?—I am a Jew. Hath not a Jew eyes? Hath not
Page 21 - Robinson Patman Act, for example, provides Upon proof being made . . . that there has been discrimination in price or services or facilities furnished, the burden of rebutting the prima-facie case thus made by showing justification shall be upon the person charged with a violation of this section, and unless justification shall be affirmatively shown, the
Page 640 - is otherwise consistent with due process." 109 S. Ct. at 2184 n. 2. A scheme is otherwise consistent with due process only when it provides "notice reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and afford[s] them an opportunity to present their objections.
Page 274 - The touchstone is business necessity. If an employment practice which operates to exclude Negroes cannot be shown to be related to job performance, the practice is prohibited." In the field of psychological measurement one of the key concepts is "test validity" which in the employment context means that a test
Page 922 - employment practices have the effect of disproportionately excluding minorities or women, employers who adopt such job requirements must show that they are required by business necessity, ie, that they "measure the person for the job and not the person in the abstract" Wards Cove changed Title VII disparate impact law as it was applied from
Page 18 - (a) It shall be unlawful employment practice for an employer (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect
Page 250 - The Griggs Court recognized that, in adopting the Civil Rights Act, Congress had required "the removal of artificial, arbitrary, and unnecessary barriers to employment when [such] barriers operate invidiously to discriminate on the basis of racial or other impermissible classification." M As the Court made quite clear in Griggs and the
Page 320 - fair in form, but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude Negroes cannot be shown to be related to job performance, the practice is prohibited. The phrase "related to job performance
Page 688 - 2412(d)(1)(A), and thereafter adds an illustrative definition: "fees and other expenses" includes the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, engineering report, test, or project which is found by the court to be necessary for the preparation of the party's case, and reasonable attorney fees. Id. at § 2412(d)(2)(A). For a list of similarly worded