Labor & Employment Law Forum Volume 1 | Issue 2 Article 1 4-1-2011 Volume 1, Number 2 Follow this and additional works at: http://digitalcommons.wcl.american.edu/lelb Part of the Labor and Employment Law Commons Recommended Citation 1 Am. U. Lab. & Emp. L. F. 161-258 (2011). This Entire Issue is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Labor & Employment Law Forum by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. American University Labor Employment& Law FORUM EMPLOYMENT DISCRIMINATION: 45 YEARS OF ENFORCEMENT OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 INTRODUCTORY NOTE Richard S. Ugelow PANELIST BIOGRAPHIES WELCOME REMARKS: OVERVIEW OF TITLE VII ELS ENFORCEMENT 1965-1974 ENFORCEMENT AGAINST STATE AND LOCAL GOVERNMENTS ENFORCEMENT AND THE FUTURE NOTE $0.77 DOES NOT EQUAL $1.00: Jessica B. Clarke A PERSPECTIVE ON THE LEDBETTER FAIR PAY ACT IN A DUKES V. WAL-MART WORLD VOLUME 1, NUMBER 2, SPRING 2011 AMERICAN UNIVERSITY LABOR & EMPLOYMENT LAW FORUM VOLUME 1 SPRING 2011 NUMBER 2 The AMERICAN UNIVERSITY LABOR & EMPLOYMENT LAW FORUM is edited and published on a quarterly basis by its staff at the American University Washington College of Law. Articles published by the Forum refl ect the views of the individual author(s) and do not necessarily represent the views of the Forum or the Washington College of Law. The Forum was founded in 2010 to provide a specifi c and neutral forum for students, scholars, practitioners, and organizations to explore the complex developments of the law governing the workplace. It serves as a medium that highlights emerging developments in labor and employment law and explores the legal issues that arise under this area of law. Submission of articles is welcomed by the Forum. Authors must provide original analysis and on a topic that is not preempted. Articles should contain responsive and authoritative footnotes. The citation format should conform to The Bluebook: A Uniform System of Citation (Nineteenth Edition). Please direct manuscripts to: [email protected]. The Forum also accepts articles through ExpressO and LexOpus. Reprints and bound volumes are available through William S. Hein & Co., Inc., Periodicals Department, 1285 Main Street, Buffalo, New York 14209. The Forum is indexed in the Index to Legal Periodicals & Books and the Current Index to Legal Periodicals. The Forum is available on Westlaw, Lexis, and HeinOnline. The Forum is also available on its Digital Commons site at: http://digitalcommons.wcl.american.edu/lelb/. Citations conform generally to The Bluebook: A Uniform System of Citation (Nineteenth Edition). The Forum generally conforms to the National Labor Relations Board Style Manual and The Chicago Manual of Style (Sixteenth Edition). This issue should be cited as: 1 Am. U. Lab. & Emp. L.F. ___ (2011). For more information about the Forum, please visit our website at: http://www.aulaborlawforum.org. Copyright © 2011 by American University Labor & Employment Law Forum. ISSN 2159-0400 FACULTY ADVISORS Susan D. Carle, Professor of Law Harold J. Datz, Adjunct Professor of Law Owen Herrnstadt, Adjunct Professor of Law Elizabeth Keyes, Practitioner in Residence Jeffrey S. Lubbers, Professor of Practice in Administrative Law Jayesh Rathod, Assistant Professor of Law and Director of the Immigrant Justice Clinic Richard Ugelow, Practitioner in Residence Cathy Ventrell-Monsees, Adjunct Professor of Law FRIENDS OF THE PUBLICATION Claudio M. Grossman, Dean Billie Jo Kaufman, Associate Dean of Library and Information Resources Susan Lewis-Somers, Law Librarian Korin Munsterman, Director of the Offi ce of Technology Adeen Postar, Deputy Director, Pence Law Library Bryan Rapp, Assistant Director of the Offi ce of Technology Mary Rich, Special Projects Coordinator, Pence Law Library Anthony E. Varona, Associate Dean of Faculty and Academic Affairs Robert G. Vaughn, Professor of Law and A. Allen King Scholar Stephen I. Vladeck, Professor of Law Stephen Wermiel, Fellow in Law and Government The Student Bar Association AMERICAN UNIVERSITY LABOR & EMPLOYMENT LAW FORUM VOLUME 1 SPRING 2011 NUMBER 2 Editor-in-Chief JENNIFER E RIN BROWN Executive Editor Managing Editor JAMISON F. GRELLA CLIFFORD CLAPP Senior Articles Editor Content Editors MATTHEW GÓMEZ PEDRO DE LENCASTRE ERNEST JOHNSON KYLE DECANT CATILIN O’LEARY JOSÉ MARERRO Symposium Editor SUSANNA BIRDSONG Senior Staff Junior Staff MELANIE BENNETT RAUL GARCIA SUN BETHUY BEN IWASAKI SAMUEL BOCCARA STEFFI JOHANSEN ADRIANA BUJITA ALEXANDRE MEYNIEL JESSICA B. CLARKE FERNANDO ORTEGA AMBER CORNISH ELLIS PALIVIDAS GEORGE LYNCH RAQUEL SMITH EMILY O’NEILL SCOTT PIERCE ISHA PLYNTON SEAN SHANK * * * AMERICAN UNIVERSITY LABOR & EMPLOYMENT LAW FORUM VOLUME 1 SPRING 2011 NUMBER 2 EMPLOYMENT DISCRIMINATION: 45 YEARS OF ENFORCEMENT OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 INTRODUCTOY NOTE ................................................................................... 161 Richard S. Ugelow PANELIST BIOGRAPHIES ............................................................................... 163 WELCOME REMARKS: OVERVIEW OF TITLE VII ............................................................................. 175 ELS ENFORCEMENT 1965-1974...................................................................191 ENFORCEMENT AGAINST STATE AND LOCAL GOVERNMENTS ......................................................................... 209 ENFORCEMENT AND THE FUTURE .................................................................. 225 NOTE $0.77 DOES NOT EQUAL $1.00 A PERSPECTIVE ON THE LEDBETTER FAIR PAY ACT IN A DUKES V. WAL-MART WORLD ................................................................... 247 * * * EMPLOYMENT DISCRIMINATION: 45 YEARS OF ENFORCEMENT OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 INTRODUCTORY NOTE RICHARD S. UGELOW On February 19, 2010, the American University, Washington College of Law hosted an event of historic dimensions. Employment Discrimination: 45 Years of Enforcement of Title VII of the Civil Rights Act of 1964 is unique for two main reasons. The symposium refl ected upon the fi rst forty-fi ve years of enforcement of Title VII of the 1964 Civil Rights Act by the U.S. Department of Justice (“DOJ”). Title VII became effective in July 1965. As originally enacted, Title VII applied only to private sector employers with judicial enforcement authority residing in the DOJ. DOJ used this authority to bring, among others, groundbreaking litigation against the steel industry;1 the trucking industry;2 and the movie industry.3 In 1972, Title VII was amended to cover state, local and federal government employees. The 1972 amendments transferred private sector enforcement authority to the Equal Employment Opportunity Commission (“EEOC”) and conferred public sector enforcement authority in the DOJ. DOJ used its authority to bring pattern or practice lawsuits against state and local governments to challenge discriminatory recruitment, hiring and promotion practices. Many of these lawsuits focused on the employment practices of police and fi re departments. * The American University Labor & Employment Law Forum would like to thank Richard Ugleow for providing us the opportunity to publish this transcript 1. E.g., United States v. Allegheny Ludlum, 517 F.2d 826 (5th Cir. 1975). 2. E.g., United States v. Trucking Mgmt. Inc., 384 F. Supp. 614 (D.D.C. 1975). 3. E.g., Int’l Alliance of Theatrical Stage Emps. v. Ass’n of Motion Picture & Television Producers, Inc., C.A. No. 71-2630 (C.D. Cal.). 161 162 THE LABOR & EMPLOYMENT LAW FORUM [Vol. 1:1 2010 marked the forty-fi fth anniversary of the enforcement of Title VII of the Civil Rights Act of 1964 by the DOJ. For the vast majority of the last forty-fi ve years, enforcement responsibility has rested with the Employment Litigation Section. The panelists who graciously contributed their time and wealth of experience to the symposium make this transcript unique for another, important reason. The transcript of this event serves as a history and testament to the work of the Employment Litigation Section over the past forty-fi ve years. The transcript vividly demonstrates the challenges—personal and legal—faced by the dedicated staff and attorneys and how overcoming those challenges changed employment patterns in the American workforce forever and gave meaning to the promise and spirit of Title VII. A reading of the transcript of the fi nal panel reveals that Title VII enforcement faces new legal and political challenges and that the DOJ will need to adapt its enforcement mechanisms to the times. I am not only grateful to the panelists who made this program so meaningful, but also to Tom Perez, the Assistant Attorney General for Civil Rights. Tom fully supported this program and many Civil Rights Division employees were panelists or attended. In addition, Tom graciously agreed to be the keynote speaker at lunch. While a transcript of Tom’s remarks are unavailable, he reiterated the DOJ’s commitment to vigorous and fair enforcement of the nation’s civil rights laws. I am pleased to say that Tom has backed up his words with deeds. Today, the Employment Litigation Section possesses a new sense of mission and is effectively enforcing Title VII. EMPLOYMENT DISCRIMINATION: 45 YEARS OF ENFORCEMENT OF TITLE VII OF THE CIVIL RIGHTS ACT