It was born out of the abject failure of the courts to respect what labor organizers had hoped was an unspoken assumption behind Title VII, that it would protect workers generally by targeting specific objectional practices.
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Objectionable*
In fact what Title VII did was transpose those employment practices into racial or sex-based practices, rubber-stamping the at-will employment regime by exempting certain behavior which in any case is typically unrelated to market incentives and doesn't implicate fiduciary duty.
