Index

• Pages: 269-273
• Author: George Rutherglen

269

INDEX

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References are to Pages

ADVERTISING

DISCRIMINATION

Generally, 162

AFFIRMATIVE ACTION

Generally, 95–116

Civil Rights Act of 1991, effects of,

90–93

Consent decrees, 99–101, 112, 190–

91

Constitutional law, 95, 104–10

Disparate impact and, 89–93

EEOC regulations, 95, 110–13

McDonnell Douglas rule,

applicability to, 46

Native Americans, 96, 107–08

OFCCP Regulations, 95, 110, 113–16

Past discrimination and remedial

equality, 27–31

Past discrimination evidence, 99,

108–10

Sex discrimination claims, 98–99,

105

Statutory issues, 96–103, 110–12

Strict scrutiny standard of review,

104–10

Uniform Guidelines, 84, 93–94

Voluntary plans, 97–101, 110

AFTER-ACQUIRED EVIDENCE

Remedies or liability, scope of

defense as to, 54–55

AGE DISCRIMINATION IN

EMPLOYMENT ACT

(ADEA)

Generally, 223–35

After-acquired evidence, 54–55

Benefit plans, 221–23, 227–30

Bona fide occupational qualifications,

229–31

Burden of proof, 54–55, 224–25

Disparate impact, 225–26

Enactment, 10–11, 223

Employee Retirement Income

Securities Act, 221–22, 226

Fair Labor Standards Act

procedures, 231–34

Intentional vs. disparate impact

claims, 224–26

Life-cycle theory of earnings, 222–24,

226–28, 230

Protected class, 223

Remedies, 232–35

Scope of, 221–22

Title VII protections compared, 221–

26, 229–31

Waivers, 229

AMERICANS WITH

DISABILITIES ACT (ADA)

Generally, 237–40, 243–45

Burden of proof, 238, 251–57

Direct threat defense, 29, 242

Disabilities covered, 245–50

Enactment, 10, 15

Reasonable accommodation, 237–40,

244–45, 250–57

States, application to, 242–43, 245

Title VII protections compared, 237–

39, 243–45

Undue hardship defense, 250–55

ARBITRATION

Generally, 57–58, 187–88

AT-WILL EMPLOYMENT

Wrongful discharge law and civil

rights acts protections

compared, 56–57

ATTORNEY’S FEE AWARDS

Generally, 193, 204–09

BONA FIDE OCCUPATIONAL

QUALIFICATIONS (BFOQ)

Generally, 8, 132–35

Age-based qualifications, 230–32

Burden of proof, 133–34

National origin qualifications, 150–

52

Race-based qualifications, absence of,

132

Religious qualifications, 156–57

Sex-based qualifications, 8, 128, 132–

35

BURDEN OF PROOF

1964 Act, see Title VII, this index

Age Discrimination in Employment

Act, 224–25

Bona fide occupational qualifications,

133–34

Civil Rights Act of 1991, effects of,

52–54, 74, 79–82, 83–86, 200

Class members’ remedies, 185, 201–

04