Disparate Impact Analysis May be Applied to Prove Racial Discrimination in Subjective Employment Decisions: Watson v. Fort Worth Bank & Trust, ___ U.S. ___, 108 S. Ct. 2777, 101 L. Ed.2d. 827 (1988)

Discusses the use of the disparate impact model rather than the disparate treatment model when proving racial discrimination in subjective employment decisions. The article reviews cases decided prior to Watson that applied the disparate impact theory to objective rather than subjective employment decisions. The article finally states that the Court’s plurality built in employer safeguards such as quotas and preferential treatment practices may negate any benefit to the employee.