Sturm College of Law
Civil Rights Act of 1991, Burden of proof, Disparate treatment, Adverse employment action, Employment discrimination
The Article will proceed in three parts. Part I will show the fragmented state of current disparate treatment law. Part II will demonstrate why this fragmentation is problematic as a normative matter, and why the I99I Civil Rights Act framework is superior to the Price Waterhouse and McDonnell Douglas frameworks. Part III will point the way toward a unified disparate treatment doctrine, in which all litigants will use the 1991 Act framework.
Originally published as Martin J. Katz, Unifying Disparate Treatment (Really), 59 HASTINGS L. J. 643 (2008).
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Martin J. Katz, Unifying Disparate Treatment (Really), 59 HASTINGS L. J. 643 (2008).