ERIC_NO:
ED340941
TITLE:
The Oncology of Discrimination and the Disparate Impact Therapy: Title VII and Upper Level Professional and Managerial Jobs.
AUTHOR:
Sanders, Wayne
PUBLICATION_DATE:
1991
ABSTRACT:
An examination was made of the evidentiary problems that exist in using a disparate impact theory to challenge the subjective criteria many
organizations use to hire, promote, or dismiss upper-level professional
and managerial employees. Although subjective criteria occur at all levels
of employment, they are especially prevalent when dealing with upper-level
jobs. Thus, subtle race and gender-based discrimination is harder to prove.
At stake are the interests of employees who want the freedom to aspire
to upper-level professional and managerial jobs without race or gender
barriers, employers who want to make efficient decisions, and society,
which has an interest in providing equal access to economic institutions.
Title VII of the 1964 Civil Rights Act is the legislation used to combat
workplace discrimination. However, applying this law to the less-blatant
types of workplace discrimination has been extremely difficult. The Supreme
Court has considered many cases alleging disparate treatment. Court decisions
based on these suits held that employment tests had to be job related,
but were vague with regard to whether disparate impact analysis could
be applied to subjective decisions under workable evidentiary standards.
Since job criteria for upper-level positions are vague and constantly
changing, Title VII is not equipped to cure racial and gender discrimination
in the work force of the 1990s and beyond. (One hundred twenty-one text
notes, most citing court cases, are included.) (KC)
MAJOR_DESCRIPTORS:
Civil Rights Legislation; Equal Opportunities (Jobs); Federal Legislation; Managerial Occupations; Professional Occupations; Racial Discrimination;
MINOR DESCRIPTORS:
Adults; Affirmative Action; Court Litigation; Employed Women; Equal Protection; Minority Groups; Personnel Selection; Sex Discrimination; Social Bias;
IDENTIFIERS:
*Civil Rights Act 1964 Title VII; Disparate Impact Theory
PUBLICATION_TYPE:
150; 143