Disparate Treatment as a Theory of Discrimination: The Need for a Restatement not a Revolution
(Steven J. Kaminshine)
Stanford Journal of Civil Rights & Civil Liberties
(2005)
Disparate treatment, a seemingly straightforward basis for identifying discrimination and establishing liability under federal antidiscrimination laws, has become mired in controversy and debate. The debate, triggered by the Supreme Court's 2003 decision in Desert Palace ...