EVIDENTIARY STANDARDS IN EMPLOYMENT DISCRIMINATION - A VIEW TOWARD THE FUTURE

This article reviews recent changes in evidentiary standards in employment discrimination litigation as they relate to disparate impact theory. Precedents established in Watson v. Fort Worth Bank and Wards Cove Packing Co. v. Atonio, altering the employee's and the employer's responsibilities in discrimination cases are analyzed. In reaction to these and other Supreme Court rulings, Congress introduced a civil rights bill which was eventually signed into law after numerous compromises. The debate surrounding the development of the 1991 Civil Rights Act and the legislation itself are reviewed. With respect to disparate impact, the Act addresses the criteria for establishing a prima facie case (causation), burden of proof standards, and a definition of business necessity. However, a close reading of the Act and a review of recent disparate impact cases suggest the causation and business necessity issues are not fully resolved. Potential implications for managing personnel decision systems in this new environment are discussed.