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Comments of Mark Dichter

Well I think that the current issues revolve around the fact the discrimination issues today are far more complex than they were in the original passage of Title VII. When you talk about the Age Discrimination in Employment Act, the issues are much more complicated than they are under Title VII. You can t simply apply Title VII principles because aging affects everyone, it s not the case when you re talking about race or gender. That while the statute originally envisioned hiring cases being the focal point, today most of the cases deal with job restructurings, reductions in force, terminations, changing technology impacting that. In the ADA area, we have very complex issues related to what ought to be the scope of the coverage of the ADA, how do we deal with accommodation issues. The other issues relate to benefits; the questions of pension benefits, and how that interplays with age discrimination laws, and compensation issues. We re well beyond the days of overt discrimination for the most part based on gender or race. Differences still remain in terms of looking at overall figures in terms of comparing earnings of minorities or women and white males, but it s a very complex issue to determine what component of that is attributable to discrimination as opposed to other factors.


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