Challenging Discriminatory Guesswork: Does Impact Analysis Apply

Authors

Michael A. Middleton, University of Missouri School of LawFollow

Document Type

Article

Publication Date

Summer 1989

Abstract

This article initially examines the traditional theories of proof in Title VII cases. It then discusses approaches by lower courts in resolving the competing concerns raised in applying those traditional theories in challenges to subjective selection devices. This article next discusses the Supreme Court's resolution of the problem in Watson and suggests a workable alternative resolution that will not undermine the broad prophylactic purposes of Title VII.

Recommended Citation

Michael A. Middleton, Challenging Discriminatory Guesswork: Does Impact Analysis Apply?, 42 Okla. L. Rev. 187 (1989)