This monograph analyzed two major pieces of legislation that profoundly changed the federal law of employment discrimination: the Americans with Disabilities Act of 1990 and the Civil Rights Act of 1991. Both of these statutes responded to perceived deficiencies in existing law: the first, to the limited coverage of laws protecting the disabled, and the second, to accumulated judicial decisions that had generally restricted the scope and enforcement of previously enacted laws.
“The Constitution, other federal statutes, and federal regulations also prohibit discrimination in employment, but they do so through narrower prohibitions that apply to fewer employers. These other sources of federal law have been interpreted and applied according to doctrines developed under Title VII, sometimes to the point of following the law under Title VII in its entirety. Thorough treatment of these other sources of federal law would require the discussion of many issues—such as immunity from liability for damages—that do not arise under Title VII and that could only be fully treated in an independent monograph. Accordingly, this monograph examines other federal prohibitions against employment discrimination only insofar as they are related to Title VII. This monograph still covers several important statutes explicitly modeled on Title VII, such as the Americans with Disabilities Act.”
George Rutherglen is John Barbee Minor Distinguished Professor of Law, Earl K. Shawe Professor of Employment Law J.D., University of California at Berkeley School of Law, 1974 A.B., University of California at Berkeley, 1971.
George Rutherglen joined Virginia's law faculty in 1976. He teaches admiralty, civil procedure, employment discrimination and professional responsibility.
While he was a student at law school, Rutherglen was articles editor of the California Law Review and a member of the Order of the Coif. After graduation, he clerked for Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit in San Diego, and Justices William O. Douglas and John Paul Stevens of the U.S. Supreme Court.
Rutherglen has chaired the advisory committee on Fourth Circuit Rules and served as director of the Graduate Program for Judges at the Law School. He has written widely on employment discrimination, civil rights and admiralty.