The Civil Rights Act of 1991.

In 1991, Title VII was revise 96 in reception to the United States Supreme judiciarys decision in Wards Cove Packing Co. v. Antonio.97 In Wards Cove, the Court weakened the scope and effectiveness of federal civilised rights protections by requiring an affair discrimination complainant to identify the special employment practice that is challenged, and to illustrate how that practice creates a disparate impact.98 After the plaintiff satisfies this burden, the Court explained that the employer would receive an probability to rebut the prima facie case by demonstrating that the challenged practice serves, in a significant way, legitimate employment interests.99 In summary, the Court determined that under a disparate impact guess of employment discrimination, the ultimate burden of proof is on the plaintiff.100

social intercourse amended Title VII to require an employer to justify its employment practices that caused a disparate impact.101 This amendment was intended to overrule Wards Cove.102 In effect, then, after the plaintiff demonstrates that an employment practice has a disparate impact, typically finished the use of statistical data, the entire burden of proof shifts to the employer. The numeral also provides that a demonstration of business necessity get out no longer protect an employer engaging in intentional discrimination.



103 Thus, by shifting the burden of proof, Congress reaffirmed its interest in requiring employers to maintain equal employment opportunity by eschewing employment practices having discriminatory effects.

Overall, nothing in the federal statutes requires a hole-and-corner(a) firm to incorporate affirmative action programs into its employment strategy. The reclusive sector can only be required to admit affirmative action when seted by a court, upon a finding that the employer engaged in intentional discrimination.104 Upon such a finding, a court will have authority to order the non complying firm to take affirmative action to remedy the situation.105 Therefore, Congress intended Title VII to prohibit...

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