Employment discrimination law in the United States is "broken." The proof structures that are used to analyze claims,rule on motions, and instruct juries are fraught with crucial uncertainties. The state of disrepair is so bad that lawyers and judges do not know how to analyze any given case. It is time for Congress to repair the proof structures through legislation, and it is a propitious time to do so. This article proposes the repairs that Congress should enact.
Discrimination in employment -- Law & legislation, Disparate impact (Employment discrimination)
Date of Authorship for this Version
Corbett, William R., "Fixing Employment Discrimination Law" (2009). Journal Articles. 3.
62 SMU L. Rev. 81 (2009)