This note evaluates the hypothesis that employment policies which mandate suspension or discharge for multiple garnishments are racially discriminatory. It considers the methods of challenge such as a claim under Title VII of the Civil Rights Act of 1964, the lack of consensus between the courts and the Equal Employment Opportunity Commission (EEOC), and also emerging issues. The note finds that the legality of employment practices imposing disciplinary action against garnished employees is left uncertain. Proof of a disproportionate effect on minorities employees may be adequate, although a satisfactory showing of business necessity may be a defense against a claim of a Title VII violation. What constitutes a "satisfactory" showing of business necessity varies by jurisdiction but the note concludes that with the trend towards finding such practices racially suspect, employers should reconsider their policies.
Amy S. Vance,
Employers' Garnishment Policies - Do They Engender Racial Discrimination in Violation of Title VII and the Civil Rights Act of 1866?,
5 Fordham Urb. L.J. 321
Available at: https://ir.lawnet.fordham.edu/ulj/vol5/iss2/6