December 19, 2012
Henson: T7 Is a Balancing Act
Chuck Henson (Missouri - Columbia) has just posted on SSRN his provocative article (2 University of Miami Race & Social Justice Law Review 41 (2012)) Title VII Works – That's Why We Don't Like it. Here's the abstract:
In response to the universal belief that Title VII of the Civil Rights Act of 1964 is not fulfilling its purpose, this Article presents a different perspective on the reality of this federal employment discrimination law. Title VII is fulfilling the purpose of the Congress that created it. The purpose was not the eradication of all discrimination in employment. The purpose was to balance the prohibition of the most obvious forms of discrimination with the preservation of as much employer decision-making latitude as possible. Moreover, the seminal Supreme Court decision, McDonnell Douglas v. Green, accurately implemented this balance. This Article argues that State law provides the best opportunity to seek the eradication of employment discrimination.
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