[EDEQUITY] Disparate impact v. Intentional discrimination

From: Linda Purrington (lpurring@earthlink.net)
Date: Thu May 03 2001 - 15:06:44 EDT


The April 24, 2001, U.S. Supreme Court case, Alexander v. Sandoval,
limiting scope of Title VI of the Civil Rights Act of 1964 to exclude
challenges to discrimination based on disparate impact (allowing only
arguments based on intentional discrimination); with serious
implications for Title IX of the Education Amendments of 1972. It is
extremely hard to prove intentional discrimination; it is relatively
simple to prove disparate impact. (Gebser and Davis raised the standard
of proof--out of reach of most girls and women, who deal daily with
sexual harassment and other forms of discrimination such as academic and
athletic discrimination. WOMEN NEED THE EQUAL RIGHTS AMENDMENT NOW.)

Excellent article by Linda Greenhouse on the Alexander case decision:
http://www.nytimes.com/2001/04/25/national/25DISC.html?searchpv=site03

The decision for Alexander and Sandoval appears at (make sure you get
the whole address into the find window):
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=99-1908

Linda Purrington
<lpurring@earthlink.net>



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