ABSTRACT
Effective implementation of anti-discrimination legislation requires, first, a system of procedural law which readily permits the presentation of serious claims; secondly, a definition of unlawful practices which includes those which actually bar job progress; thirdly, remedies which provide incentive for voluntary compliance and effective means for change; and fourthly, the availability of adequate resources both in the legal profession and in the government to implement the law.1 Lustgarten in effect adds a fifth: that the judiciary must show a sensitivity to the underlying moral force of the legislation.2 All but the second criterion focus on procedure and remedies, and they provide a helpful framework by which to evaluate the procedural and remedial provisions of the legislation.
