Reflections on the Supreme Court's 1988 Term: The Employment Discrimination Decisions and the Abandonment of the Second Reconstruction

31 Pages Posted: 31 Oct 2010

Date Written: December 1, 1989

Abstract

Eight decisions of the 1988 Term effectively rewrote Title VII of the Civil Rights Act of 1964 and threatened to undo the significant gains in equal employment opportunity that had been achieved since its enactment. Established modes of proof, theories of recovery, entitlement to attorneys’ fees, and the enforceability of affirmative action decrees were all significantly altered in ways that advantaged employers and burdened plaintiffs. Congress would later respond with the Civil Rights Act of 1991, restoring and even extending the protections for minorities and women.

Keywords: Title VII of the Civil Rights Act of 1964, Supreme Court, Discrimination, Equal Employment, Disparate Treatment

Suggested Citation

Brodin, Mark S., Reflections on the Supreme Court's 1988 Term: The Employment Discrimination Decisions and the Abandonment of the Second Reconstruction (December 1, 1989). Boston College Law Review, Vol. 31, No. 1, 1989, Boston College Law School Legal Studies Research Paper No. 1989-01, Available at SSRN: https://ssrn.com/abstract=1699871

Mark S. Brodin (Contact Author)

Boston College - Law School ( email )

885 Centre Street
Newton, MA 02459-1163
United States

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