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According to Linda Greenhouse, the Wards Cove decision "relieved employers of some of the burden of justifying practices that are shown to have a discriminatory impact."5
New York Times columnist Tom Wicker likewise accused the Supreme Court, in its "radical Ward's Cove decision" of "overturning established law" by having "assigned the burden of proof to an employee who charged an employer with discriminatory hiring and employment practices."
When Congress developed legislation to overturn the Wards Cove decision and President George H.W.
The Wards Cove decision, it said, "placed new, heavy burdens on civil rights plaintiffs."7 Again, there was no inkling given to the readers that what the New York Times called the "heavy burdens on civil rights plaintiffs" were the same burdens that most other plaintiffs in most non-civil-rights cases had been carrying for centuries, on the basis of the legal principle that the accused are not required to prove their innocence.
An op-ed column in the Washington Post likewise used a "results" criterion, complaining that the Wards Cove decision was one "making it far harder for plaintiffs to win such cases."8 An editorial in the Boston Globe likewise complained that the Wards Cove decision was one "making it virtually impossible for employees to win discrimination suits."9 Another Boston Globe editorial complained that the burden of proof "now shifts to the plaintiff"10- as if this were an unusual place for the burden of proof to be.
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