ERIC Number: ED244334
Record Type: RIE
Publication Date: 1984
Reference Count: 0
Beyond the Title VII Framework: Racial Quotas and Teacher Employment Policies in School Desegregation Litigation.
Clague, Monique Weston
This chapter focuses on school desegregation litigation and attendant employment-related remedies decreed or rejected by the federal courts. The overarching remedial theory governing relief in school desegregation cases differs from that governing employment discrimination cases in that the central issue is equal educational opportunity, even where employment-related remedies are prescribed. This chapter analyzes judicial responses to three kinds of faculty employment policies that have been components of decrees designed to achieve a "unitary" school system: teacher assignment, preferential hiring, and layoff policies. Judicially mandated requirements for racially balanced faculties within each school of a defendant system were among the earliest remedies for racially segregated schools, since practices regarding faculty distribution were seen as important indicators of a segregated system. Preferential teacher hiring and promotion on the basis of race involves greater controversy and judicial uncertainty, especially since the Supreme Court has not yet provided clear guidelines for race-conscious hiring and layoff policies. Racially- or ethnically-based layoff quotas, even more than hiring quotas, pit minorities and whites in a winner-take-all contest. The chapter concludes by suggesting early and phased retirement policies as creative alternatives to the race-versus-seniority dilemma. (TE)
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: N/A
Identifiers: Civil Rights Act 1964 Title VII; Equal Employment Opportunities Act 1974
Note: In: Jones, Thomas N., Ed. and Semler, Darel P., Ed. School Law Update...Preventive School Law. p154-178. For complete document, see EA 016 748.