THROUGH THE LOOKING GLASS AND BEYOND: THE FUTURE OF DISPARATE IMPACT DOCTRINE UNDER TITLE VIII.

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  • Author(s): Sacher, Lindsey E.
  • Source:
    Case Western Reserve Law Review. Winter2011, Vol. 61 Issue 2, p603-649. 47p.
  • Additional Information
    • Subject Terms:
      LABOR laws; ANTI-discrimination laws; POLITICAL doctrines; CIVIL rights; DEFENDANTS; CONSTITUTIONAL law
    • Subject Terms:
      UNITED States
    • Abstract:
      The article demonstrates the development and application of disparate impact doctrine and focuses on lower courts' insufficient consistency over proper test applicable to Title VIII of the Civil Rights Act of 1968 cases in the U.S. It reveals the source of confusion in disparate impact. It points out that higher compelling business necessity standard is guaranteed for government defendants. It also explores how this doctrine may overcome a constitutional challenge within strict scrutiny.