Boston College Law School Digital Commons @ Boston College Law School Boston College Law School Faculty Papers 3-1-1975 Last Hired, First Fired Layoffs and Title VII James S. Rogers Boston College Law School,
[email protected] Follow this and additional works at: http://lawdigitalcommons.bc.edu/lsfp Part of the Civil Rights and Discrimination Commons, Labor and Employment Law Commons, and the Law and Society Commons Recommended Citation James S. Rogers. "Last Hired, First Fired Layoffs and Title VII." Harvard Law Review (1975): 1544-1570. This Article is brought to you for free and open access by Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law School Faculty Papers by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact
[email protected]. LAST HIRED, FIRST FIRED LAYOFFS AND TITLE VII Title VII of the Civil Rights Act of 1964 1 prohibits discrimi- nation by employers, employment agencies, and labor unions on the basis of race, color, religion, sex, or national origin. Although the main focus of the Act is on the elimination of discrimination, the congressional debates indicate significant concern with the high rate of minority unemployment.' It was thought that Title VII would tend to equalize unemployment rates for minority and nonminority workers by ensuring nondiscriminatory selection of new employees. However, in periods of economic downturn, non- discrimination alone may not increase minority employment or promote