The Silenced Majority: Martin v. Wilks and the Legislative Response

An American worker finds himself disadvantaged by an employer\u27s affirmative action program. The worker heads for the courthouse, reverse discrimination complaint in hand. Will he be allowed to sue? Prior to the Supreme Court\u27s 1989 Martin v. Wilks decision, the answer to that question tended to be no. Wilks changed the answer to an emphatic ·yes. With the 1991 Civil Rights Act, the answer has become probably not. This article discusses the bar against such challenges as developed through case law and recent congressional action. It addresses the implications that the new statutory bar will have for the structure of discrimination suits. The article also advocates measures that will both enhance the prospects for consent decree finality and preserve the legal rights of the American working majority