ERIC Number: ED233498
Record Type: Non-Journal
Publication Date: 1983
Reference Count: N/A
Discrimination in Public Employment: The Evolving Law.
McCarthy, Martha M.
This monograph reviews the current status of constitutional, statutory, and case law governing public employers' obligations to assure equal employment opportunities and employees' rights to nondiscriminatory treatment. An initial overview of the legal framework discusses federal equal protection mandates including the guarantee of equal protection of the laws under the Fourteenth Amendment, the due process clause of the Fifth Amendment, and Title VII of the Civil Rights Act of 1964. Judicial criteria used to assess claims of employment discrimination are described. Subsequent sections summarize major judicial decisions interpreting these provisions in cases alleging employment discrimination based on race, sex, national origin, religion, handicap, or age. Topics of racial discrimination law addressed in detail are hiring and promotion practices, staff reductions, affirmative action, and reverse discrimination. Major concerns of the sex discrimination discussion are conditions of employment, pregnancy-related policies, compensation, retirement benefits, and sexual harassment. An additional chapter covers suit for compensatory and punitive damages for employment discrimination under 42 U.S.C., section 1983. Guidelines to help public employers reduce discrimination in employment decisions and avoid liability are provided in the conclusion. References are thoroughly documented. (MJL)
Descriptors: Affirmative Action, Age Discrimination, Civil Rights Legislation, Court Litigation, Disabilities, Discriminatory Legislation, Due Process, Employers, Employment Practices, Employment Qualifications, Equal Opportunities (Jobs), Equal Protection, Federal Legislation, Government Employees, Laws, Legal Responsibility, Minority Groups, Personnel Integration, Pregnancy, Racial Discrimination, Religious Discrimination, Reverse Discrimination, Sex Discrimination, Social Discrimination
Publications, National Organization on Legal Problems of Education, 5401 Southwest 7th Ave., Topeka, KS 66606 ($8.95 plus $1.50 postage and handling on prepaid orders).
Publication Type: Legal/Legislative/Regulatory Materials; Reports - Research
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers - Laws, Policies, & Programs: Civil Rights Act 1964 Title VII