美國勞工法上就業歧視問題之最新發展

Recent Developments Concerning Employment Discrimination Issues in American Labor Law

焦興鎧(Cing-Kae Chiao)

《美國研究》 20卷2期 (1990/06) Pp. 51-116

https://doi.org/10.7015/AS.199006.0051

並列摘要

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 1988-1989 term. Section three details the Congressional reactions to these decisions and outlines the Bush administration's standings on these issues.