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http://ssrn.com/abstract=869256
 
 

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Antidiscrimination Law in the Administrative State


Julie C. Suk


Yeshiva University - Benjamin N. Cardozo School of Law


University of Illinois Law Review, Vol. 2006, No. 2, p. 101, 2006
Cardozo Legal Studies Research Paper No. 146
Princeton Law and Public Affairs Working Paper No. 06-004

Abstract:     
Is the goal of antidiscrimination law to promote substantive ideals of equality, or is it limited to remedying wrongful acts of discrimination? This is the fundamental question at stake in debates about the most contested doctrines in antidiscrimination law, namely liability for disparate impact, hostile work environment, and failure to accommodate the disabled. This article argues that the answer to this question should affect a society's choices about the powers exercised by the administrative state in enforcing antidiscrimination law. In the United States, antidiscrimination law is mainly enforced through quasi-tort lawsuits against alleged discriminators. Unlike administrative agencies enforcing other bodies of law in the United States, and also unlike administrative agencies enforcing antidiscrimination law in Britain, the U.S. Equal Employment Opportunity Commission (EEOC) does not exercise adjudicatory or rulemaking power in pursuit of policies promoting equality. If the goal of antidiscrimination law is to pursue a substantive vision of equality, greater regulation by the administrative state is warranted.

Keywords: antidiscrimination law, administrative law, corrective justice, distributive justice, EEOC, disparate impact, Great Britain

Accepted Paper Series


Not Available For Download

Date posted: December 13, 2005  

Suggested Citation

Suk, Julie C., Antidiscrimination Law in the Administrative State. University of Illinois Law Review, Vol. 2006, No. 2, p. 101, 2006; Cardozo Legal Studies Research Paper No. 146; Princeton Law and Public Affairs Working Paper No. 06-004. Available at SSRN: http://ssrn.com/abstract=869256

Contact Information

Julie C. Suk (Contact Author)
Yeshiva University - Benjamin N. Cardozo School of Law ( email )
55 Fifth Ave.
New York, NY 10003
United States

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