Comment:
Stephen F. Lazor, Jury Trial in Employment Discrimination
Cases—Constitutionally Mandated?, 53 TEXAS L. REV. 483
(1975).
Abstract:
Victims of racial discrimination may bring legal actions to
vindicate their civil rights under several federal statutes. In
deciding these cases, the federal courts have been virtually
unanimous in holding that a jury trial is not mandated by the
seventh amendment, despite the absence of a Supreme Court
resolution of the issue. The rationales advanced for this
position vary wildly, but most commonly involve policy and
constitutional arguments. In this comment, Mr. Lazor argues that
the reasoning of these cases has been quite deficient, and
concludes that, despite possible Congressional intent to
insulate civil rights plaintiffs from jury prejudices, the
seventh amendment guarantee to trial by jury may be operative.