Abstract

http://ssrn.com/abstract=1837639
 


 



From Wards Cove to Ricci: Struggling Against the 'Built-In Headwinds' of a Skeptical Court


Melissa Hart


University of Colorado Law School

May 10, 2011

Wake Forest Law Review, Vol. 46, 2011
U of Colorado Law Legal Studies Research Paper No. 11-07

Abstract:     
When the Supreme Court in 1971 first recognized disparate impact as a legal theory under Title VII, the Court explained that the "absence of discriminatory intent does not redeem employment procedures or testing mechanisms that operate as ‘built-in headwinds’ for minority groups and are unrelated to measuring job capability." Forty years later, it is the built-in headwinds of a Supreme Court skeptical of - perhaps even hostile to - the goals of disparate impact theory that pose the greatest challenge to continued movement toward workplace equality. The essay examines the troubled trajectory that disparate impact law has taken in the Court's jurisprudence, considering how the Supreme Court, Congress, lower courts and employers all interact in the application and enforcement of the principles of equality underlying Title VII.

Number of Pages in PDF File: 20

Keywords: discrimination, disparate impact, Supreme Court, Civil Rights Act

JEL Classification: K40, K41, J70, J71, J78

Accepted Paper Series


Download This Paper

Date posted: May 11, 2011  

Suggested Citation

Hart, Melissa, From Wards Cove to Ricci: Struggling Against the 'Built-In Headwinds' of a Skeptical Court (May 10, 2011). Wake Forest Law Review, Vol. 46, 2011; U of Colorado Law Legal Studies Research Paper No. 11-07. Available at SSRN: http://ssrn.com/abstract=1837639

Contact Information

Melissa Hart (Contact Author)
University of Colorado Law School ( email )
401 UCB
Boulder, CO 80309
United States
303-735-6344 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 374
Downloads: 53
Download Rank: 227,201

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.250 seconds