Article by Julius G. Getman
During the late 1960s and early 1970s the federal courts led by the Fifth Circuit Court of Appeals mounted an attack on racism and sexism in employment. The major focus of the attack was hiring policies under which minorities and women either were denied employment or were forced into the least desirable jobs. Although the task was formidable, the courts were determined. To make the law's promise of equal opportunity into a living reality the courts were willing to: (1) impose significant costs on employers and unions; (2) outlaw traditional and widespread practices; (3) stretch statutory language; (4) develop new litigation strategies; (5) ascribe to Congress a singular purpose, which the legislative history did not always support; (6) broaden remedies and recast burdens of proof; and (7) use each case as a vehicle to examine a broad range of employer conduct. In recent years, however, the courts have changed direction significantly making the law of employment discrimination far less favorable to plaintiffs. This Article briefly traces this development and suggests new strategies for civil rights groups.
About the Author
Julius G. Getman. Earl E. Sheffield Regents Chair, University of Texas School of Law.
Citation
64 Tul. L. Rev. 1477 (1990)