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Preface | |
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Introduction | |
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Development of the Law | |
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Constitutional Law | |
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The Civil Rights Act of 1964 | |
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Age and Disability | |
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Judicial Interpretation and Legislative Amendment | |
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Discrimination and Equality | |
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The Historical Perspective: Equality as Colorblindness | |
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The Economic Perspective: Equality as Merit | |
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The Remedial Perspective and Remedial Equality | |
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General Theories of Equality | |
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Individual Claims of Intentional Discrimination | |
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Statutory Definitions of Discrimination | |
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McDonnell Douglas Corp. v. Green | |
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Subsequent Developments | |
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Mixed-Motive Cases and Remedies | |
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Consequences of the Burden of Proof | |
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Class Claims: From Intentional Discrimination to Disparate Impact | |
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Class Claims of Disparate Treatment | |
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The Simple Model | |
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The Complex Model | |
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The "Prima Facie" Case | |
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Colorblindness and Class Claims of Disparate Treatment | |
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Class Claims of Disparate Impact | |
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From Griggs to Wards Cove | |
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Wards Cove and the Civil Rights Act of 1991 | |
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Proof of Disparate Impact | |
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Defendant's Burden of Proof | |
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The Theory of Disparate Impact and Affirmative Action | |
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Affirmative Action | |
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Statutory Issues | |
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Constitutional Issues | |
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Federal Regulations | |
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The EEOC Guidelines on Affirmative Action | |
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OFCCP Regulations | |
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Sex Discrimination Under Title VTI and the Equal Pay Act | |
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The Equal Pay Act | |
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Sex Discrimination in Pay: The Relationship Between the Equal Pay Act and Title VII | |
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The Formal Interpretation of the Prohibition Against Sex Discrimination | |
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Classifications on the Basis of Pregnancy | |
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Bona Fide Occupational Qualifications on the Basis of Sex | |
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Sexual Harassment | |
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Other Forms of Discrimination and Defenses Under Title VII | |
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Discrimination on the Basis of National Origin | |
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Religious Discrimination | |
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Retaliation | |
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Discrimination in Advertising | |
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Seniority Systems | |
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Coverage | |
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Procedures Under Title VII | |
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Statute of Limitations | |
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State or Local Administrative Proceedings | |
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EEOC Proceedings | |
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Judicial Proceedings | |
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General Principles | |
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Public Actions | |
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Private Actions | |
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Actions by Federal Employees | |
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Preclusion | |
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Remedies | |
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Equitable Remedies | |
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Damages and the Civil Rights Act of 1991 | |
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Remedies in Class Actions and Pattern-or-Practice-Actions | |
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Attorney's Fees | |
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Reconstruction Civil Rights Acts | |
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Section 1983 | |
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Section 1981 | |
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Section 1985(3) | |
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The Age Discrimination in Employment Act | |
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Prohibitions and Exceptions | |
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Procedures and Remedies | |
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Implications of the ADEA | |
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Disabilities | |
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The Rehabilitation Act of 1973 | |
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The Americans with Disabilities Act | |
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Coverage of Disabilities | |
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The Duty of Reasonable Accommodation | |
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State Laws | |
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Substantive Provisions | |
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Procedures and Remedies | |
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Table of Cases | |
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Index | |