This Article will explore whether the Court is getting it right or merely getting it done in the disparate treatment context. Part II of this Article will present the contradictory forces underlying getting it done and getting it right in the civil justice system in general, and in employment discrimination litigation in particular. Part III will explore the orthodoxy of disparate treatment law as it stands after Hicks. Part IV will examine the effect of abandoning the paradigm that proof of falsity is proof of intentional discrimination. Part V will offer suggestions on what the Court can do to make sure that it gets it right.
Henry L. Chambers Jr., Getting It Right: Uncertainty and Error in the New Disparate Treatment Paradigm, 60 Alb. L. Rev. 1 (1996).