The Civil Rights Act of 1991: From Conciliation to Litigation-- How Congress Delegates Lawmaking to the Courts

Abstract

In the Civil Rights Act of 1991, Congress shifted the emphasis of employment discrimination law from the original goal of employer/employee conciliation to a litigation oriented remedy with tort- like damages. The new law unfortunately fails to provide the courts with sufficient definition of terms and goals to implement the "intent" of the new law. This thesis identifies many of the Act's shortcomings and suggest ways the courts can interpret the law to encourage better lawmaking in the future.

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Document Details

Document Type
Technical Report
Publication Date
Apr 01, 1993
Accession Number
ADA456567

Entities

People

  • Charles B. Hernicz

Organizations

  • The Judge Advocate General's Legal Center and School

Tags

Communities of Interest

  • Biomedical
  • Human Systems
  • Materials and Manufacturing Processes

DTIC Thesaurus Topics

  • Caucasians
  • Civil Rights
  • Congress
  • Discrimination
  • Employment
  • Ethnic Groups
  • Freedom Of Speech
  • Gender Discrimination
  • Governments
  • Health Services
  • Language
  • Law
  • Minority Groups
  • Prejudice
  • Societies
  • Supreme Court
  • United States

Fields of Study

  • Law

Readers

  • Criminal Law
  • Economics
  • Government and Public Administration Law.