There are two grounds in the United States for bringing a claim of race or gender discrimination: (1) discriminatory intent and (2) discriminatory effect. As to age discrimination, however, a plaintiff is allowed to bring a claim only on grounds of discriminatory intent. Our purpose herein is to argue that with regard to age discrimination in the university, discriminatory effect and discriminatory intent are one: discriminatory intent is hidden inside certain employment practices that appear to be "facially neutral" but are not. In other words, stripped of its disguises discriminatory effect that persists is discriminatory intent. This paper identifies five strategies to disguise disparate treatment as disparate impact: resistance, pretense, evasion, denial, and approval. The final section explains how a specific university employed these five strategies to hide its discriminatory intent behind discriminatory effect.
To be consistent with John Paul II's assertion of the primacy of the subjective dimension of work-of "being" versus "having"-it is necessary to reject profit maximization as the primary objective of the firm. In its place, the author proposes instead that the firm's foremost objective is the maximization of personalist capital. Properly understood, profits are a necessary condition for the firm's survival but not its primary goal. The concept of personalist capital in effect incorporates the subjective dimension of work into microeconomic theory without dismissing the objective dimension entirely.
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