Abstract
Comparing the law's treatment of cronyism and affirmative action, Professor McGinley posits that the mere use of—or failure to use—race in decision making should not determine whether an employer is liable under Title VII. Instead, Professor McGinley proposes that even in the absence of an conscious race-based decision, Title VII should be reinterpreted to uphold the "merit principle" for the classes of persons the Act was designed to protect. Moreover, where the decision is consciously race-based, the law should consider the historical and social context in which the decision is made and the type and extent of injuries caused by the decision in determining its legality under Title VII.
How to Cite
39 Ariz. L. Rev. 1003 (1997)
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