UNLAWFUL DISCRIMINATION IN EMPLOYMENT: A CONDITION NOT UNLIKE THE FLU

KEVIN B. JOHNSON
WILLIAM L. SMITH


DOI: 10.2190/ABK0-BLQQ-EYKF-50WY

Abstract

This article takes the position that unlawful discrimination in employment is a condition, not unlike the flu. As the term is used in this article, a condition is a continuous risk that cannot be eliminated and that can be effectively dealt with only through constant vigilance and effort. While no one wants to suffer from either the flu or liability for unlawful discrimination, the effects of suffering from either condition can be lessened (or increased) based on how a person has tried to avoid the condition. Implications for practitioners are discussed and a plan of prevention is presented.

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