Index

• Pages: 267-270
• Author: George A. Rutherglen

267

INDEX

—————

References are to Pages

ADVERTISING

DISCRIMINATION

Generally, 161

AFFIRMATIVE ACTION

Generally, 94–114

Civil Rights Act of 1991, effects of,

94–106

Consent decrees, 103–04, 188–89,

198–99

Constitutional law, 106–12

Disparate impact and, 105–06

EEOC regulations, 112–14

McDonnell Douglas rule,

applicability to, 50–56

Native Americans, 110–11

OFCCP Regulations, 112

Past discrimination and remedial

equality, 27–31

Past discrimination evidence, 102

Sex discrimination claims, 102–03

Statutory issues, 100–06

Strict scrutiny standard of review,

104–12

Uniform Guidelines, 81–89

Voluntary plans, 99–106

AFTER-ACQUIRED EVIDENCE

Remedies or liability, scope of

defense as to, 56

AGE DISCRIMINATION IN

EMPLOYMENT ACT

(ADEA)

Generally, 21–93

After-acquired evidence, 56

Benefit plans, 221–23, 227–30

Bona fide occupational qualifications,

229–31

Burden of proof, 224–26

Disparate impact, 223–24

Employee Retirement Income

Securities Act, 220–22, 224

Enactment, 221

Fair Labor Standards Act

procedures, 229–36

Intentional vs. disparate impact

claims, 223–24

Life-cycle theory of earnings, 220–22

Protected class, 221–22

Remedies, 229–32

Scope of, 221–22

Title VII protections compared, 221–

25, 226–27

Waivers, 226–27

AMERICANS WITH

DISABILITIES ACT (ADA)

Generally, 235–55

Burden of proof, 236–38, 248–55

Direct threat defense, 11–12, 240,

243, 245

Disabilities covered, 236–38, 243–48

Enactment, 241

Reasonable accommodation, 248–55

States, application to, 240–41

Title VII protections compared, 240–

48

Undue hardship defense, 251–55

ARBITRATION

Generally, 185–86

AT-WILL EMPLOYMENT

Wrongful discharge law and civil

rights acts protections

compared, 58

ATTORNEY’S FEE AWARDS

Generally, 169–70, 202–08

BONA FIDE OCCUPATIONAL

QUALIFICATIONS (BFOQ)

Generally, 7, 11, 116, 126, 131–

34

Age-based qualifications, 227–32

Burden of proof, 131–34

National origin qualifications, 147–

50

Race-based qualifications, absence of,

147

Religious qualifications, 146, 153–54

Sex-based qualifications, 131–34

BURDEN OF PROOF

1964 Act, see Title VII, this index

Age Discrimination in Employment

Act, 221–25

Bona fide occupational qualifications,

131–34

Civil Rights Act of 1991, effects of,

94–106

Class members’ remedies, 199–202

Disability discrimination claims,

236–38, 248–55

Disparate impact cases

Generally, 77–98

Equal Pay Act, 118–24

Equality conceptions and, 17–28