出刊年月/Date of Publishing
1990.06
所屬卷期/Vol. & No. 第20卷第2期 Vol. 20, No. 2
類型/Type 研究論文 Research Article
出刊年月/Date of Publishing
1990.06
所屬卷期/Vol. & No. 第20卷第2期 Vol. 20, No. 2
類型/Type 研究論文 Research Article
篇名/Title
美國勞工法上就業歧視問題之最新發展
Recent Developments Concerning Empwyment Discrimination Issues in American Labor Law
作者/Author
焦興鎧 Cing-Kae Chiao
頁碼/Pagination
pp. 51-116
摘要
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Abstract
During the 1988-1989 term, the U.S. Supreme Court handed down several controversial decisions that have made it harder for female and minority workers to win employment discrimination lawsuits and easier for employers to challenge affirmative-action programs. Although these rulings only modified the scope of civil-rights employment legislation and did not directly overturn the Court’s own precedents, they certainly curtailed the rights of women and minorities in the field of employment. In order to overturn six of these decisions, a bipartisan coalition of congressional leaders introduced a new Civil Rights Act in Congress on February 7, 1990. Shortly afterward, the Bush administration also submitted an alternative bill to limit the impact of these Supreme Court decisions. Thus, since all three branches of the U.S. Government are once again deeply involved in the issues of employment discrimination, their interplay merits some discussion.
The purpose of this paper is to present a detailed review of employment discrimination problems in the United States and analyze the current Government’s response to this important social issue. Aside from the introduction, the main contents are divided into three sections. Section one describes the origin of employment discrimination issues in the United States and government responses. Section two analyzes six controversial decisions affecting employment relations which the Supreme Court ruled on during the I 988-1989 term. Section three details the Congressional reactions to these decisions and outlines the Bush administration’s standings on these issues.
關鍵字/Key Word
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DOI
https://doi.org/10.7015/AS.199006.0051
學門分類/Subject
法學 Law