Survey of Recent United States Supreme Court Decisions on Employment Discrimination Law
No Thumbnail Available
Authors
Zeldin, Adria S.
Issue Date
1995
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|There have been major developments in the area of employment discrimination law over the past few years. While the United States Supreme Court has made it more difficult for employees to meet their burden of proof in discrimination cases, the Supreme Court has also examined the retroactivity of certain sections of the Civil Rights Act of 1991, reconsidered proof of sexual harassment, and, most recently, declared that after-acquired evidence of employee wrongdoing can never bar a finding of employer liability. This Article will analyze these significant changes that have occurred in the area of employment discrimination law and will provide some commentary on the impact that each of these changes has created for employees desiring to bring employment discrimination actions. Part I examines the developments in the use of after-acquired evidence. Part II looks at the Supreme Court decision in St. Mary's Honor Center v. Hicks and how lower courts have interpreted the decision. Part III addresses the Civil Rights Act of 1991 and subsequent Supreme Court and lower court decisions on the retroactivity of certain provisions. Part IV explores developments in the area of sexual harassment law since the Supreme Court's decision in Harris v. Forklift Systems, Inc...
Description
Citation
28 Creighton L. Rev. 921 (1994-1995)
Publisher
Creighton University School of Law