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Article: Circling back to the obvious: the convergence of traditional and reverse discrimination in Title VII proof.
- Article from:
- William and Mary Law Review
- Article date:
- December 1, 2004
- Author:
CopyrightCOPYRIGHT 2004 College of William and Mary, Marshall Wythe School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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TABLE OF CONTENTS
INTRODUCTION
I. TITLE VII DISPARATE TREATMENT CLAIMS BY
WHITES AND MALES
A. The Rule: Title VII Prohibits Race Discrimination
B. The Exception: Racial or Gender Preferences
Are Permissible Under Valid Affirmative Action Plans
II. PROVING AN INDIVIDUAL CASE OF
REVERSE DISCRIMINATION
A. The Parameters of the Debate
B. What Are Background Circumstances?
C. Is an Affirmative Action Plan a Sufficient
Background Circumstance?
III. Is REQUIRING "BACKGROUND CIRCUMSTANCES" ITSELF
REVERSE DISCRIMINATION?
A. The Growing Rejection of the Test
B. Coming to Grips with the Problem:
Different ...
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