The Relationship Between Affirmative Action-(TitleVII) and Employment

A Legal Pathfinder

I. Introduction

Affirmative Action was first initiated by President Lyndon B. Johnson in 1964. Executive Order 11246 provided for: '..equal opportunity in Federal employment for all qualified persons, to prohibit discrimination in employment because of race, creed, color, or national origin, and to promote the full realization of equal employment opportunity through a positive, continuing program in each executive department and agency'. The goal of the order was to provide opportunities for minorities, women, and others in 'protected classes' an equal opportunity in employment and to compete for jobs and advancements that were previously out of reach. Further adjustments to Title VII were amended in the Civil Rights Act of 1991.

II. Legal Information Sources

A. Primary Sources

Case law-Digests

West Digest System - WESTKEY NUMBER (155) Waiver of Labor Contracts - All Employment Cases and WESTKEY (154) Employment -(in General)

Taxman v. Bo. of Educ. of Tp. of Piscataway, 91 F. 3d 1547(3rd Cir.1996)

Ramierz v. City of Reno. 925 F.Supp. 681 (1996)

Carr v. F.W. Woolwort Co. 883 F.Supp.10, affirmed 42. F.3d 1385

Hunter v. Citibank, N.A., E.D. N.Y. 1994, 862 F.Supp. 902, aff. 60 F3d 810 cert. den. 116 S. Ct. 483, 133 L. Ed 2d 410Messner v. Meno 936 F. Supp. 1280

Backland v. Hennsen D. Menn. 904 F.Supp. 964

Long v. First Union Corp. of Virginia E.D. V.A. 1995. 894 F.Supp.933 Aff. 86 F.3d 1151

Yoonessi v. State of New York, W.D. N.Y. 1994 862 F.Supp. 1005 (1994), leave to appeal den. 56 f3d 10., cert.den. 116 S.Ct. 7799 L.Ed 2d. 730

Statutes

Administrative Law and Regulations

Federal - 29 CFR 1608 - Civil Rights Act of 1964 Provide all regulations regarding the compliance of Affirmative Action programs.

Texas - 40 Tex. Admin. Code § 73.4 (West 1997) Dictates Texas agency steps for affirmative action procedures.

B. Secondary Sources

Legal Encyclopedias

American Jurisprudence 2d §153A:11-153A:53 Gives notes towards affirmative action treatment in the law.

American Jurisprudence 2d volume 15 ,and corresponding sections,give all information about Title VII and Affirmative Action, §101 Civil Rights, §135 Hiring in General, §4464 Fair Labor Standards Act, §377 Civil Rights Mootness of TitleVII, §421 Remedy for unlawful employer practices, §108 Civil Rights (Employers Regulation), §419 Civil Rights Affirmative Remedies; in general.

 

Annotated Law Reports

Legislative Histories - Act of July 2, 1964, Pub. L. No. 88-532; 1964 U.S.C.C.A.N. (78 Stat.) 241

Treatises - Civil Rights -Deprivation under the color of state - action for damages, see Federal Jury Practice & Instructions § 92.01

Law Journals And Reviews

Anonymous Civil Rights Act of 1964 --Title VII--Affirmative Action-- Third Circuit holds that diversity is not in itself, a sufficient justification for granting preferences to minorities.--Taxman v. Board of Education, 91 F.3d 1547 (3d Cir.1996). Harvard Law Review v.110 Dec. 1996 p.535-40

Braswell, Michael K.; Moore, Gary A.; Poe, Stephen L. Affirmative Action: An Assessment of its Continuing Role in Employment Discrimination Policy 57 Albany Law Review (1993) p.365-440

Bernhardt, Herbert N. Affirmative Action in Employment: Considering Group Interests while Protecting Individual Rights. v23 Stetson Law Review (Fall 1993) p. 11-37

 

Databases

Both LEXIS and WESTLAW databases provides access to the topic in cases, law reviews and journal articles. Keyword: "Affirmative Action"

 

III. Interdisciplinary Information Sources

Books

United States Congress. Senate Committee on the Judiciary: State Sanctioned Discrimination in America: Hearing Before the Judiciary, United States, Senate One Hundred Fifth Congress, June 16,1997. Gives information on the status of discrimination in employment, religous freedoms, sex, gender, etc. in America.

The Impact of Affirmative Action On Public Sector Employment and Contracting in California University of California Policy Seminar. 1997 A seminar report conducted at UC-Berkley on Affirmative Action and the practice of public government contracting, in addition to hiring in the public sector.

Rosenfeld, Michael. Affirmative Action and Justice : A Philosophical and Constitutional Inquiry. New Haven : Yale University Pres, 1991. Rosenfeld discusses the history of affirmative action and looks at the philosophical implications the practice.

Articles

Mauro, Tony and Gary Feilds "Settlement Prolongs affirmative action fight" USA Today, 24 November 1997. Article addressed the recent court battle in New Jersey over affirmative action and the unexpected out-of -court settlement to keep 'diversity' programs out of conservative moving courts.

Greenfield, Meg "The Colin Powell Test: His example shows precisely why affirmative action is not just a 'yes or no' issue. The Washington Post 8 December 1997, page A19

Verhovek, Sam Howe. "Houston Voters Maintain Affirmative-Action Policy" The New York Times. 6 November 1997. Article discussed the the recent vote on affirmative action in Houston,Texas. The vote made the city a pro-affirmative action city. Implications are addressed as the vote may move the rest of the nation.

Murchinson, William. 'Social Engineers on Wrong Track.' Dallas Morning News 28 May 1997 Editorial on how the recent rhetoric by federal and Texas government officials have taken different paths to make acceptable amends to anti-affirmative action rulings and thinkers.

Created by Eric Roman 1997

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