Law Review Articles

Alligood, Brian H. Proof of Racial Discrimination in Employment Promotion Decisions Under Title VII of the Civil Rights Act of 1964. 48 AMJUR POF 3d 75. 2011.

Brian Alligood is a private attorney who specializes in employment practice cases. He mostly defends corporations, hospitals, etc. against claims from employees regarding discriminatory employment practices. His long history in this field gives him the authority to write law review articles about the controlling substantive law that affects the overall law of employment practices. This article focuses on the Title VII aspect of employment law. In general, the article talks about what a complainant must do in order to establish an effective case against an employer. While the article talks about different aspects than just racial discrimination, it focuses on this aspect and also touches on the effects of affirmative action plans and how they are incorporated in a way that seeks to not discriminate against any potential employers. Alligood describes the methods that a plaintiff executes when filing a Title VII complaint and shows statistics on how often these methods work. Not only are there many substantive issues in a Title VII claim that are hard to prove by a plaintiff, but procedurally there are many requirements as well. This article lays out the procedure that one must follow to bring a suit against an employer for discriminatory employment practices or an affirmative action plan that has a disparate impact on one racial group more so than another.

Employer's enforcement of dress or grooming policy as unlawful employment practice under ' 703(a) of Civil Rights Act of 1964 (42 U.S.C.A. ' 2000e 2(a)). 27 A.L.R. Fed. 274. 1976 (original publishing).

This article took a look at different employer practices that sometimes have a different impact on African Americans as opposed to white people and other racial groups. While no author is given, the article is written from a completely neutral point of view and most of all references cases that show the trends that courts have taken in regards to enforcing anti discriminatory laws and the different employment practices that can affect these laws. The article specifically points to things such as facial hair restrictions on employees and also grooming and head hair hygiene. The overwhelming number of cases that show that these types of practices have an adverse and disparate impact on African Americans might be somewhat promising because it shows a trend towards courts protecting people of all races and attempting, at least facially, to get rid of the notion that to be white is to be privileged and to be protected. This will have a direct impact on employers= decisions on how to incorporate their employment practices and will affect the execution of their affirmative action plans.