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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 | |