Justice O'Connor and the Destabilization of the Griggs Principle of Employment Discrimination

March 1992

Justice O'Connor and the Destabilization of the Griggs Principle of Employment Discrimination
ITEM DETAILS
Type: Law review article
Author: Alfred W. Blumrosen
Source: Women's Rts. L. Rep.
Citation: 14 Women's Rts. L. Rep. 315 (1992)

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Society in Transition III: Justice O'Connor and the- Destabilization of the Griggs Principle of Employment Discrimination*

ALFRED W. BLUMROSEN**

Preface

I thank the Women's Rights Law Reporter for this honor and write this preface to make three points:

  1. The Past-The depth and strength of the Women's Movement was just emerging when this publica tion began. The Reporter reflected the perceptive and persistent interests, personified at Rutgers Law School by Ruth Ginsburg, Annamay Sheppard, Nadine Taub, and the ''second career" women who came to the law school at that time. It has served well as a catalyst and forum for the testing of women's concerns for the past twenty years. The passage this year of the federal family leave statute is but the most recent manifestation of the resolution and energy generated by the Women's Movement.

  2. The Present-,.Justice O'Connor's work will now be evaluated in the context of a change in presi dential and possibly legislative policies. Her centerist tendencies will have helped to preserve the elements of affirmative action programs in employment against more conservative justices. Her acceptance of the dis tinction between goals and quotas, her application of the problems of stereotyping, will remain the hallmark o/ h_er work. The Civil Rights Act of 1991 has corrected some of the narrower decisions in which she participated. 1

  3. The Future-The male dorr,inated political system has failed families living in the central cities: mainly

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