Document Type

Thesis

Date of Award

12-31-1990

Degree Name

Master of Science in Management - (M.S.)

Department

Organizational and Social Sciences

First Advisor

Anthony Kahng

Abstract

Since January 1989, the US Supreme Court has launched a major offensive on affirmative action and civil rights law. The biggest target of the attack is Title VII of the 1964 Civil Rights Act, which bars employment discrimination. As a result, access to private and public contracts for all but the largest black businesses will virtually be nonexistent. For black means decreasing employment and mobility opportunities in the workplace. In addition, complainants will have a more difficult time bringing forth and winning discrimination suits. Racial tension now has a stronger - although subtler - presence in the US. The ascent to upper management, in many instances, has been blocked for minority executives.

This study concerns with the US Supreme Courts' significant decisions and antidiscrimination issues in the employment context. Within these decisions, however, lurk unexamined pitfalls for employers, and the decisions fail to support employer activities that provide the best defense against any type of discrimination claim. At the same time, the decisions will encourage additional litigation, to which employers will respond by retaining outside counsel.

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