Oversight Hearing on the EEOC's Enforcement Policies: Hearing Before the Subcommittee on Employment Opportunities of the Committee on Education and Labor, House of Representatives, Ninety-eighth Congress, Second Session, Hearing Held in Washington, DC, on December 14, 1984, Volume 4 |
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administrative affirmative action Albemarle Paper Co American Psychological Association amicus curiae approach Attorney basketball believe Chairman Thomas charges Clarence Thomas Commis commissioners committee compliance concerns CONGRESS THE LIBRARY counsel decision Department of Justice developed discriminatory Duke Power Duke Power Co EEOC EEOC's efforts Employee Selection Procedures employers employment discrimination Employment Opportunity Commission enforcement Equal Employment Opportunity example fair employment law Federal affirmative action goals and timetables going GOLDSTEIN Griggs rule Guidelines on Employee GUNDERSON HAWKINS hiring impact indicated individual issues Justice Department Justice's position Labor LIBRARY OF CONGRESS litigation ment misuse of statistics NAACP numerical goals Office opinion past personnel practices proposed question race Reagan regulations relief remedies Republican require Roebuck and Co Sears sector settlement sion staff statistical disparity Stotts Supreme Court systemic tests tion Title VII trying UGESP Uniform Guidelines victim of discrimination victim-specific views WILLIAMS
Popular passages
Page 62 - No order of the Board shall require the reinstatement of any individual as an employee who has been suspended or discharged, or the payment to him of any back pay, if such individual was suspended or discharged for cause.
Page 46 - Congress directed the thrust of the Act to the consequences of employment practices, not simply the motivation. More than that, Congress has placed on the employer the burden of showing that any given requirement must have a manifest relationship to the employment in question.
Page 60 - No order of the court shall require the admission or reinstatement of an individual as a member of a union or the hiring, reinstatement, or promotion of an individual as an employee, or the payment to him of any back pay, if such individual was refused admission, suspended, or expelled or was refused employment or advancement or was suspended or discharged for any reason other than discrimination on account of race, color, religion, sex or national origin or in violation of section...
Page 74 - LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW Mr. Chairman, and members of the Committee, we are pleased to be able to provide this testimony, but saddened by the need to present it. The Lawyers...
Page 79 - When special qualifications are required to fill particular jobs, comparisons to the general population (rather than to the smaller group of individuals who possess the necessary qualifications) may have little probative value.
Page 64 - Council shall have the responsibility for developing and implementing agreements, policies and practices designed to maximize effort, promote efficiency, and eliminate conflict, competition, duplication and inconsistency among the operations, functions and jurisdictions of the various departments, agencies and branches of the Federal Government responsible for the implementation and enforcement of equal employment opportunity legislation, orders, and policies.
Page 49 - Civil Service selection and promotion techniques and requirements are replete with artificial requirements that place a premium on "paper" credentials. Similar requirements in the private sectors of business have often proven of questionable value in predicting job performance and have often resulted in perpetuating existing patterns of discrimination (<see eg Origys v.
Page 69 - Hence, a plaintiff should not be assessed his opponent's attorney's fees unless a court finds that his claim was frivolous, unreasonable, or groundless, or that the plaintiff continued to litigate after it clearly became so.
Page 49 - This burden arises, of course, only after the complaining party or class has made out a prima facie case of discrimination, ie, has shown that the tests in question select applicants for hire or promotion in a racial pattern significantly different from that of the pool of applicants.
Page 49 - Title VII forbids the use of employment tests that are discriminatory in effect unless the employer meets 'the burden of showing that any given requirement [has] ... a manifest relationship to the employment in question.