EQUAL EMPLOYMENT OPPORTUNITY IN THE COURTS

• NCJ Number: 59414
• Journal: State Court Journal Volume: 3 Issue: 3 Dated: (SUMMER 1979) Pages: 11-18,37-40
• Author(s): F L BREMSON; M W CULHANE; J MAYSON; A MILTON JR
• Date Published: 1979
• Length: 12 pages
• Corporate Author: National Ctr for State Courts
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE EQUAL EMPLOYMENT OPPORTUNITY (EEO) IN THE COURTS PROJECT, INITIATED IN 1977 UNDER A LEAA GRANT, IS SUMMARIZED. THE PROJECT STUDIED THE STATUS OF EEO AND AFFIRMATIVE ACTION IN STATE COURT SYSTEMS.

Abstract

THE PRINCIPLE OF EEO ESTABLISHES THE RIGHT OF ALL PERSONS TO OBTAIN WORK AND TO ADVANCE SOLELY ON THE BASIS OF MERIT, ABILITY, AND POTENTIAL, WITHOUT DISCRIMINATION ON THE BASIS OF RACE, SEX, OR OTHER LEGALLY IRREVELANT CRITERION. IN PRACTICE, THE TERM EEO IS GENERALLY USED TO CHARACTERIZE ATTITUDES AND ACTIONS OF AN ORGANIZATION'S ADMINISTRATORS AND SUPERVISORS WHO ARE AUTHORIZED TO MAKE EMPLOYMENT DECISIONS. AFFIRMATIVE ACTION, ON THE OTHER HAND, DENOTES AN AFFIRMATIVE DUTY TO ACT REMEDIALLY TO CORRECT EMPLOYMENT PRACTICES THAT LIMIT EMPLOYMENT OPPORTUNITIES OF CERTAIN IDENTIFIABLE GROUPS IN SOCIETY. ALL EMPLOYMENT PRACTICES AND DECISIONS OF AN ORGANIZATION ARE AFFECTED BY EEO AND AFFIRMATIVE ACTION. ALTHOUGH CONCEPTS OF EEO AND AFFIRMATIVE ACTION HAVE BEEN APPLIED WIDELY TO EMPLOYMENT SITUATIONS IN BOTH PRIVATE AND PUBLIC SECTORS, THEIR APPLICATION TO JUDICIAL SYSTEM PERSONNEL ADMINISTRATION HAS BEEN SLOW. A 1978 SURVEY BY THE NATIONAL CENTER FOR STATE COURTS INDICATES THAT FEW EEO PROGRAMS ARE OPERATIONAL IN STATE COURTS, THAT WOMEN AND MINORITIES CONTINUE TO BE UNDERREPRESENTED IN THE COURT SYSTEM WORK FORCE, AS WELL AS IN THE STATE JUDICIARY. LEGAL QUESTIONS REGARDING THE APPLICABILITY OF TITLE VII OF THE CIVIL RIGHTS ACT TO STATE COURTS ARISE FROM IMPLICATIONS OF THE SEPARATION OF POWERS DOCTRINE, THE TENTH AND ELEVENTH AMENDMENTS TO THE CONSTITUTION, THE JUDICIAL COMMUNITY DOCTRINE, AND EXEMPTION PROVISIONS CONTAINED IN TITLE VII. THE PROJECT HAS ADDRESSED THESE QUESTIONS IN RELATION TO THE ABILITY OF STATE COURTS TO ATTRACT WOMEN AND MEMBERS OF MINORITY GROUPS AS EMPLOYEES AT ALL LEVELS OF RESPONSIBILITY, THE NEED FOR LEGAL RESEARCH ON THE APPLICATION OF EEO LAWS AND REGULATIONS TO STATE COURTS, WAYS IN WHICH COURTS HAVE RESPONDED TO LEGISLATIVE MANDATES, AND DIRECT TECHNICAL ASSISTANCE TO STATE COURTS IN THE DEVELOPMENT OF EEO AND AFFIRMATIVE ACTION PLANS AND PROGRAMS. FEDERAL NONDISCRIMINATION LAWS AND REGULATIONS AFFECTING STATE COURTS ARE NOTED. (DEP)