In Defense of McDonnell Douglas: The Domination of Title VII by the At-Will Employment Doctrine

Authors

Chuck Henson

Document Type

Symposium

Abstract

(Excerpt)

The purpose of this Article is to describe the actual relationship between the Doctrine and Title VII as implemented in the Court’s disparate treatment decisions. Title VII and the Doctrine are not separate forces warring with each other. The at-will employment doctrine guided the Court’s Title VII disparate treatment jurisprudence, giving the maximum possible latitude to employers because that was the Eighty-eighth Congress’s intent.