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Probing the Discriminatory Effects of Employee Selection Procedures with Disparate Impact Analysis Under Title VII

Year: 1977

Type: article

Abstract: Last term the Supreme Court handed down three decisions in which it defined with some precision the proper use of statistics in Title VII cases. Those decisions filled a void that had existed since Griggs v. Duke Power Co., but they left some questions unanswered. In this article Professor Shoben discusses those decisions and addresses the issues still unresolved. She proposes a structured framework for the systematic analysis of disparate impact cases that is consistent with, yet builds upon, the three recent decisions. In addition, Professor Shoben considers whether allowing a plaintiff to establish a prima facie case with statistics alone violates the Act's guarantee that it does not require preferential hiring.

Source: Scholarly Commons - UNLV Boyd Law (University of Nevada, Las Vegas)

Author: Elaine W. Shoben

Language: English

Topic: Discrimination and Equality Law

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDGs: Reduced inequalities, Peace, justice, and strong institutions

Open Access status: green

Funders: University of Illinois at Urbana-Champaign, Campus Research Board

OpenAlex ID: W1529621361

FWCI:

Cites:

Cited by: 7

Related to: 10