NCJ Number
28903
Journal
RESOLUTION OF CORRECTIONAL PROBLEMS AND ISSUES Volume: 1 Issue: 4 Dated: (SUMMER 1975) Pages: 15-18
Date Published
1975
Length
4 pages
Annotation
AN EXAMINATION OF THE FEDERAL LEGISLATION AND U.S. SUPREME COURT DECISIONS RELATING TO EQUAL EMPLOYMENT OPPORTUNITY IS FOLLOWED BY AN ANALYSIS OF SPECIFIC LAW ENFORCEMENT PRACTICES FOUND TO BE DISCRIMINATORY.
Abstract
THREE PIECES OF FEDERAL LAW HAVE BEEN THE BASIS OF MOST CHALLENGES TO THE EMPLOYMENT PRACTICES OF EMPLOYERS, BOTH PUBLIC AND PRIVATE: SECTION 1981 OF THE CIVIL RIGHTS ACT OF 1866, TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AND THE FOURTEENTH AMENDMENT OF THE UNITED STATES CONSTITUTION. THERE ARE OTHER PROVISIONS OF FEDERAL STATUTORY LAW THAT MAY BE USED AS A BASIS FOR AN ATTACK ON RACIALLY AND SEXUALLY DISCRIMINATORY EMPLOYMENT PATTERNS, BUT THESE THREE SOURCES ARE FUNDAMENTAL. THE PROVISIONS OF THESE THREE BASIC SOURCES ARE EXAMINED IN SOME DETAIL. CASES WHICH INVOLVE A LEGAL CHALLENGE TO THE USE OF AN EMPLOYMENT SCREENING DEVICE OR EMPLOYMENT PRACTICE ARE DISCUSSED, AND THE TYPES OF EVIDENCE THAT MUST BE PRESENTED BY THE PLAINTIFF AND THE DEFENDANT ARE REVIEWED. SPECIFIC AGENCY PRACTICES THAT HAVE BEEN FOUND DISCRIMINATORY ARE REVIEWED. THESE INCLUDE USE OF ENTRANCE AND PROMOTIONAL EXAMINATIONS, BACKGROUND EXAMINATIONS, MINIMUM HEIGHT AND WEIGHT REQUIREMENTS, AND SOME SYSTEMS FOR PERFORMANCE RATINGS. CASES IN WHICH THE COURTS HAVE REQUIRED AFFIRMATIVE ACTION PROGRAMS TO RELIEVE THE DAMAGE CAUSED BY DISCRIMINATORY EMPLOYMENT PRACTICES ARE REVIEWED IN THE FINAL SECTION. (AUTHOR ABSTRACT MODIFIED)