TITLE

WHEN "THE EVIL DAY" COMES, WILL TITLE VII'S DISPARATE IMPACT PROVISION BE NARROWLY TAILORED TO SURVIVE AN EQUAL PROTECTION CLAUSE CHALLENGE?

AUTHOR(S)
Ngov, Eang L.
PUB. DATE
February 2011
SOURCE
American University Law Review;Feb2011, Vol. 60 Issue 3, p535
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article explores whether the use of racial classifications under the disparate impact provision of Title VII of the U.S. Civil Rights Act of 1964 is narrowly tailored to pass strict scrutiny should an Equal Protection Clause challenge is made. It notes that Title VII may induce employers to make race-conscious employment decisions to avoid disparate impact liability, which could be a violation of the Equal protection clause. It discusses the relation of disparate impact provision to the four-fifths rule enforced by the Equal Employment Opportunity Commission (EEOC), in which it highlights the case Grutter v. Bollinger. It concludes that the disparate act provision is unlikely to meet the narrowly tailored requirement.
ACCESSION #
71140304

 

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