NCJ Number
50347
Journal
Urban Lawyer Volume: 7 Issue: 3 Dated: (SUMMER 1975) Pages: 540-555
Date Published
1975
Length
16 pages
Annotation
LITIGATION CASES ARE NOTED TO SERVE AS GUIDELINES FOR CITY ATTORNEYS TO ADVISE CLIENTS ABOUT THEIR DUTIES AS EQUAL OPPORTUNITY EMPLOYERS OF MINORITIES AND WOMEN.
Abstract
CITY ATTORNEYS HAVE AN INHERENT CONFLICT IN LEGAL RESPONSIBILITIES WITH REFERENCE TO DISCRIMINATION. ALL CHALLENGES TO THE LEGALITY OF CITY POLICIES ABOUT RACIAL, ETHNIC, OR SEXUAL DISCRIMINATION NECESSARILY MUST BE DEFENDED BY CITY ATTORNEYS. IT IS ALSO THE RESPONSIBILITY OF CITY ATTORNEYS, HOWEVER, TO PROTECT THE LEGAL RIGHTS OF THE ELECTORATE ACCORDING TO DICTATES OF THE LAW BY INFORMING CLIENT DEPARTMENTS OF THEIR LEGAL RESPONSIBILITIES. PROBLEMS FACED BY ANY CITY IN THE AREA OF DISCRIMINATION AGAINST MUNICIPAL EMPLOYEES MUST BE APPROACHED IN TERMS OF THE INSTITUTIONAL NATURE OF DISCRIMINATION RATHER THAN IN TERMS OF INDIVIDUAL GRIEVANCES PRESENTED BY ISOLATED PERSONS. CITY GOVERNMENT SELECTION AND PROMOTION PROCEDURES ARE BASED ON U.S. CIVIL SERVICE PRINCIPLES. OPPORTUNITIES FOR PROMOTION OF MINORITIES AND WOMEN ARE RESTRICTED SEVERELY BY NONVALIDATED HIRING AND PROMOTION EXAMINATIONS AND BY THE SUBJECTIVE ORAL INTERVIEW PART OF THE PROMOTION PROCESS. RACIAL AND SEXUAL DISCRIMINATION IN EMPLOYMENT DO NOT OCCUR AS INDIVIDUAL RANDOM ACTS OF BIGOTRY OR SEXISM BUT RATHER AS THE RESULT OF SYSTEMATIC PATTERNS THAT HAVE KEPT AND CONTINUE TO KEEP MINORITIES AND WOMEN PERMANENTLY IN THE ECONOMIC AND SOCIAL SECOND-CLASS. DEVELOPMENTS IN DECISIONAL LAW PERTINENT TO SEX AND RACE DISCRIMINATION ARE REVIEWED. THEY REVEAL AN INCREASING AWARENESS ON THE PART OF FEDERAL COURTS OF THE INSTITUTIONAL NATURE OF SEX AND RACE DISCRIMINATION EMPHASIZED IN TITLE VII OF THE 1964 CIVIL RIGHTS ACT AND THE 1972 EQUAL EMPLOYMENT OPPORTUNITY ACT. THE AUTHOR'S RESPONSES TO A SERIES OF QUESTIONS RAISED AFTER HER PRESENTATION ARE CONTAINED IN AN ADDENDUM. (DEP)