DEFINING A "BONA FIDE" SENIORITY SYSTEM UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

M. J. FOX JR. AND ALLEN R. NELSON


DOI: 10.2190/NM94-V0VY-FW61-8N4N

Abstract

With the passage of the Civil Rights Act of 1964, a need to define a "bona fide" seniority system (protected under Section 703 (h), Title VII of the act) arose. With the passage of the 1972 amendment to Title VII, both public and private sector employers need this definition. This article presents guidelines that allow readers to determine what comprises a "bona fide" seniority system as of September 1, 1984. The use of a seniority system is examined. Decisions on businesses and employees are also reviewed.

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