Title VII Works – That's Why We Don't Like It
2 University of Miami Race & Social Justice Law Review 41 (2012)
University of Missouri School of Law Legal Studies Research Paper No. 2012-38
77 Pages Posted: 16 Dec 2012
Date Written: December 15, 2012
In response to the universal belief that Title VII of the Civil Rights Act of 1964 is not fulfilling its purpose, this Article presents a different perspective on the reality of this federal employment discrimination law. Title VII is fulfilling the purpose of the Congress that created it. The purpose was not the eradication of all discrimination in employment. The purpose was to balance the prohibition of the most obvious forms of discrimination with the preservation of as much employer decision-making latitude as possible. Moreover, the seminal Supreme Court decision, McDonnell Douglas v. Green, accurately implemented this balance. This Article argues that State law provides the best opportunity to seek the eradication of employment discrimination.
Keywords: Title VII, employment, discrimination, employment discrimination, Civil Rights, Civil Rights Act of 1964, McDonnell, McDonnell Douglas
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