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Civil rights are under siege. In mid-1989, the United States Supreme Court decided several cases' that severely limit the civil rights claims and remedies available to a plaintiff claiming employment discrimination. 2 Experts have widely criticized those decisions, t Copyright© 1993 Ann C. McGinley.* Instructor of Law, Brooklyn Law School; JD 1982, University of Pennsylvania. The author thanks Dean David Trager and the Brooklyn Law School faculty for their support as well as Professor Jeremy Stempel for thoughtful comments on previous drafts and research assistants Jessica Hausnecht and Barbara DiDomenico for valuable contributions to this Article. This project was supported by a Brooklyn Law School stipend.'See Public Employees Retirement Sys. of Ohio v. Betts, 492 US 158, 161 (1989)(Age Discrimination in Employment Act § 4 (f)(2), 29 USC §§ 621-634 (1988)(" ADEA"), exempts bona fide employee …