Disparate Impact: A Failed Remedy for Discrimination
Loading...
Authors
Daniels, Bryce T.
Issue Date
2020
Volume
53
Issue
2
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Disparate impact, judicially created from the Civil Rights Act of 1964 in Griggs v. Duke Power Co., has become an essential thread in the legal fabric of anti-discrimination law. The United States Supreme Court largely eviscerated the ease of bringing a disparate impact claim in Wards Cove Packing Co. v. Atonio. However, disparate impact was politically popular and spurred the Civil Rights Act of 1991, which statutorily codified the pre-Wards Cove burden shifting framework for bringing and adjudicating a claim.
Description
Citation
Publisher
Creighton University School of Law