Title VII Seniority Remedies in a Time of Economic Downturn
Stacy, Donald R.
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Most recently cited by2
- 1982Ford Motor Co. v. Equal Employment Opportunity Commission U.S.
- 1976Franks v. Bowman Transportation Co. U.S.
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Abstract
This article will attempt to clarify the application of rules against employment discrimination in a period of rising unemployment by first examining the nature of the seniority system and then explaining the theory and mechanism of the conventional remedy. Next a review of recent problems that have tested that remedy will be undertaken, with special attention devoted to the peculiar problems incident to layoffs. Lastly, the article will consider the means by which an employer can minimize the liability that may result from the discriminatory impact of seniority systems.