The Supreme Court's Broadening Interpretation of the Protection Afforded Seniority Systems within Section 703(H) of the Civil Rights Act of 1964
8 Pages Posted: 8 Mar 2010
Date Written: March 7, 1983
This article considers the legality of employee seniority systems in the context of Title VII bans on employment discrimination, to the extent the seniority systems maintain the status quo of prior discriminatory employment decisions. The author surveys the major Supreme Court cases during this era and concludes that under the existing legislative scheme, there is extremely wide latitude for employers to create seniority systems that in many instances, survive Title VII challenges to the detriment of the asserted goals of the Title VII legislation.
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