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Articles 1 - 30 of 112
Full-Text Articles in Entire DC Network
Shades Of Justice: Exploring Colorism In The Hispanic Community And Its Legal Battle For Equity, Christel A. Infante
Shades Of Justice: Exploring Colorism In The Hispanic Community And Its Legal Battle For Equity, Christel A. Infante
Honors Undergraduate Theses
This thesis focuses on the racial disparity within the Hispanic and Latinx communities as injustices exist within the community and the workplace. Racial disparities in the United States have been a persistent and deeply rooted issue that has plagued the nation for centuries. Despite significant progress in civil rights and anti-discrimination legislation, disparities in areas such as education, employment, and criminal justice persist. Understanding the factors contributing to these disparities is essential for addressing systemic inequalities and fostering a more just society. The analysis of this thesis primarily focuses on the cases and ramifications of Hispanic persons within the workplace, …
Pioneers Of Progress: Celebrating The Women Of Roger Williams University School Of Law On Its 30th Anniversary, Natalie Rogge, Aidan Boisvert
Pioneers Of Progress: Celebrating The Women Of Roger Williams University School Of Law On Its 30th Anniversary, Natalie Rogge, Aidan Boisvert
Roger Williams University Law Review
No abstract provided.
Employment Law—Dazed And Confused: Arkansas Employers And The Arkansas Medical Marijuana Amendment Of 2016, Austin Powell
Employment Law—Dazed And Confused: Arkansas Employers And The Arkansas Medical Marijuana Amendment Of 2016, Austin Powell
University of Arkansas at Little Rock Law Review
No abstract provided.
Laboratories Of Democracy: State Law As A Partial Solution To Workplace Harassment, Ann C. Mcginley
Laboratories Of Democracy: State Law As A Partial Solution To Workplace Harassment, Ann C. Mcginley
American University Journal of Gender, Social Policy & the Law
Despite the recent public awakening concerning both sexism and racism in our society, the federal courts have systematically chipped away at employees’ civil rights under Title VII of the 1964 Civil Rights Act to be free of both sexual and racial harassment at work.
Panel 5 - The Future Of Employment Law, Karla Gilbride, Geraldine Sumter, Stephen Rich, Marcia Mccormick, Michael Selmi
Panel 5 - The Future Of Employment Law, Karla Gilbride, Geraldine Sumter, Stephen Rich, Marcia Mccormick, Michael Selmi
American University Journal of Gender, Social Policy & the Law
FACILITATOR: All right everyone, welcome to our last panel, “The Future of Employment Law.” I want to quickly introduce our moderator, Karla Gilbride, the co-director of the Access to Justice Project. Karla, you can take it away.
Reflection On Progress Without Equity: Title Ix K-12 Athletics At Fifty, Elizabeth Kristen
Reflection On Progress Without Equity: Title Ix K-12 Athletics At Fifty, Elizabeth Kristen
American University Journal of Gender, Social Policy & the Law
Title IX of the Education Amendments of 1972 (“Title IX”) turned fifty this year. Despite tremendous progress for women and girls over the last five decades, the promise of gender equity in athletics remains elusive, especially at the K-12 level. Unlike so many other civil rights laws passed in the 1960s and 1970s, Title IX remains a highly under-litigated and underenforced statute. A basic Westlaw search for “Title VII of the Civil Rights Act of 1964” yields more than 10,000 federal cases. But the same search for “Title IX of the Education Amendments of 1972” yields about 2500 cases. Only …
Is Title Vii A “Civility Code” Only For Union Activities?, L. Camille Hebert
Is Title Vii A “Civility Code” Only For Union Activities?, L. Camille Hebert
University of Arkansas at Little Rock Law Review
Changes to labor law by the National Labor Relations Board are nothing new; changes in Presidential administrations often result in changes to the law, based on differences in philosophy by new majorities of the Board toward the proper interpretation of the National Labor Relations Act. But in2020, the Board made a fundamental change to long-standing interpretations of the Act’s protections for union and other concerted activities, not based on the Act itself, but based on what it said were the mandates of the anti-discrimination laws for employers to prevent harassment and discrimination. The Board contended that the former context-driven standards …
Is It Hot In Here Or Is It Just Me? A Call For Menopause Equity In The Workplace, Leslie Mullins
Is It Hot In Here Or Is It Just Me? A Call For Menopause Equity In The Workplace, Leslie Mullins
University of the District of Columbia Law Review
In a society where many topics related to female reproduction are considered taboo, menopause is especially stigmatized because of its intersection with age and a perception that a woman’s value ends with her reproductive ability.1 As described by Gail Sheehy (“Sheehy”) in The Silent Passage, menopause is “one of the most misunderstood passages in a woman's life.”2 Menopause causes shame and stigma because of its association with middle age in a culture obsessed with youth.3 The failure of courts to extend available protections to claims related to menopause denies millions of working persons protections from unlawful discrimination under the Americans …
Critical Race Theory And The Low-Wage Workplace: The Story Of Janitorial Services In California, Leticia M. Saucedo
Critical Race Theory And The Low-Wage Workplace: The Story Of Janitorial Services In California, Leticia M. Saucedo
Saint Louis University Law Journal
Critical race and racial capitalism theories posit that systems and structures in the workplace reinforce each other to create oppressive conditions for groups of workers based on race, national origin, and/or sex. Some of these structures are reproduced from other areas of work and have roots in exploitative labor conditions. Civil rights lawyers attempting to use existing laws or develop new laws to root out these structures face obstacles within and outside the judicial system. This Essay focuses on two laws recently passed in California to protect vulnerable workers: the California Property Service Workers Protection Act, which seeks to protect …
The Foundational Care Crisis, Stephanie M. H. Moore
The Foundational Care Crisis, Stephanie M. H. Moore
FIU Law Review
This article examines the care crisis as the systemic issue that it is—starting from my personal story—because my story is the story of many women—and many caregivers. Teaching business law and ethics to undergraduates, I often encounter a primary question: what is the role of social issues in a business course? Sometimes students struggle with this initial hurdle of understanding why we study diversity, equity, inclusion, and justice in the workplace. Why—for example—would we focus on lack of family leave as a primary barrier a successful business. The second question is—of course—what can we do? Social and societal issues are …
The Social Psychology Of Inclusion: How Diversity Framing Shapes Outcomes For Racial-Ethnic Minorities, Jamillah Bowman Williams
The Social Psychology Of Inclusion: How Diversity Framing Shapes Outcomes For Racial-Ethnic Minorities, Jamillah Bowman Williams
Georgetown Law Faculty Publications and Other Works
Research on the efficacy of organizational diversity efforts has yielded mixed results. It remains unclear when positive or negative outcomes should be expected, and why. This article fills a gap in the sociological literature by examining critical social psychological mechanisms. In Experiment 1, I found that common diversity messaging led to increased bias towards racial minorities. In Experiment 2, I examined how alternative framing may influence these outcomes. Findings revealed that the common “business case” emphasizing profit and performance gains made decision-makers less likely to select a Black job candidate than emphasizing civil rights law. I then examined social psychological …
Chosen Family, Care, And The Workplace, Deborah Widiss
Chosen Family, Care, And The Workplace, Deborah Widiss
Articles by Maurer Faculty
Employees often request time off work to care for the medical needs of loved ones who are part of their extended or chosen family. Until recently, most workers would not have had any legal right to take such leave. A rapidly growing number of state laws, however, not only guarantee paid time off for family health needs, but also adopt innovative and expansive definitions of eligible family.
Several provide leave to care for intimate partners without requiring legal formalization of the relationship. Some go further to include any individual who has a relationship with the employee that is “like” or …
Law School News: Dean's Distinguished Service Award 2021: Ralph Tavares 05/28/2021, Michael M. Bowden
Law School News: Dean's Distinguished Service Award 2021: Ralph Tavares 05/28/2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Challenges In Bringing Gender Equity Into The Workplace: Addressing Common Concerns Women Have When Deciding To Hold Employers Accountable For Gender Discrimination, Siobhan Klassen
Journal of Race, Gender, and Ethnicity
No abstract provided.
A Labor Of Love: Finding Justice For Victims Of Workplace Sexual Harassment Excluded From Title Vii, Abigail M. Whitmore
A Labor Of Love: Finding Justice For Victims Of Workplace Sexual Harassment Excluded From Title Vii, Abigail M. Whitmore
American University Journal of Gender, Social Policy & the Law
I. Introduction
“Sexual harassment perpetuates the interlocked structure by which women have been kept sexually in thrall to men and at the bottom of the labor market. Two forces of American society converge: men’s control over women’s sexuality and capital’s control over employees’ work lives.”
I first began working with children as a college student in a part-time daycare position and eventually moved into a full-time nanny position after graduating. Working as a nanny was the perfect option for me at the time, as I was seeking temporary work in between my undergraduate education and law school. The opportunity also …
The Evolution Of Gender Equity From A Marxist And Existentialist Perspective, Alexandria Lopez
The Evolution Of Gender Equity From A Marxist And Existentialist Perspective, Alexandria Lopez
Journal of Race, Gender, and Ethnicity
No abstract provided.
Workplace Transparency Beyond Disclosure: What's Blocking The View?, Lisa J. Bernt
Workplace Transparency Beyond Disclosure: What's Blocking The View?, Lisa J. Bernt
Marquette Law Review
Recent developments have exacerbated informational asymmetry between
employers and workers. Employers increasingly use “black box” automateddecision
systems, such as machine learning processes where algorithms are
used in recruitment and hiring. They have technological tools that enable
intense monitoring of workers. Contemporary work relationships have
changed, with trends toward remote and scattered worksites. Employees are
more frequently bound by nondisclosure agreements, non-disparagement
provisions, and mandatory arbitration agreements. These developments have
made it more difficult for workers to communicate with each other and to act
collectively.
Ai And Inequality, Pauline Kim
Ai And Inequality, Pauline Kim
Scholarship@WashULaw
This Chapter examines the social consequences of artificial intelligence (AI) when it is used to make predictions about people in contexts like employment, housing and criminal law enforcement. Observers have noted the potential for erroneous or arbitrary decisions about individuals; however, the growing use of predictive AI also threatens broader social harms. In particular, these technologies risk increasing inequality by reproducing or exacerbating the marginalization of historically disadvantaged groups, and by reinforcing power hierarchies that contribute to economic inequality. Using the employment context as the primary example, this Chapter explains how AI-powered tools that are used to recruit, hire and …
Gender Pay Discrimination & The Equal Pay Act: Legal Research & Methods, Emily Sullivan
Gender Pay Discrimination & The Equal Pay Act: Legal Research & Methods, Emily Sullivan
Law Student Works
More than 50 years since the Equal Pay Act (1963) was passed, the subject of wage inequality between the sexes remains a critical topic for women, members of Congress, advocacy groups, business and legal communities. Within the last decade, the legal community has seen a wave of litigation alleging discrimination across a wide variety of industries, including within the legal field itself. Wage discrimination has negative consequences for women, communities, and employers—discrimination in the workplace is inefficient and resulting litigation is costly.
In this Pathfinder guide, you will find a brief background on the Equal Pay Act as it pertains …
Waging War Against Prior Pay: The Pay Structure That Reenforces The Systemic Gender Discrimination In The Workplace, Jessica Gottsacker
Waging War Against Prior Pay: The Pay Structure That Reenforces The Systemic Gender Discrimination In The Workplace, Jessica Gottsacker
Saint Louis University Law Journal
No abstract provided.
Women In Law Leadership: Inaugural Lecture: A "Fireside Chat" With Gillian Lester 2-18-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen
Women In Law Leadership: Inaugural Lecture: A "Fireside Chat" With Gillian Lester 2-18-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen
School of Law Conferences, Lectures & Events
No abstract provided.
Weight Stigma In Different Aspects Of Life, Emanuel Noyola
Weight Stigma In Different Aspects Of Life, Emanuel Noyola
Capstone Showcase
Weight stigma is discrimination or bias against any individual who is perceived to be overweight or obese. It has recently been recorded that the effects of weight discrimination have an influence on three major areas of life which include schools, the workplace, and personal relationships. This is important as weight discrimination was found to mostly have negative effects in all these areas but was also found to be sometimes beneficial in others, such as retail. Past research has also shown that the effects of weight discrimination are 37 times worse among obese females compared to obese males. One alarming setting …
Costs Vs. Compensation: Legal And Policy Recommendations For Addressing Workplace Sexual Harassment, Heather Mclaughlin, Christine Thomas
Costs Vs. Compensation: Legal And Policy Recommendations For Addressing Workplace Sexual Harassment, Heather Mclaughlin, Christine Thomas
Saint Louis University Journal of Health Law & Policy
The recent #MeToo Movement has unequivocally shown that workplace sexual harassment is a widespread issue. Since December 2017, workers around the globe have shared personal stories of sexual harassment, as well as the tolls it caused on their health and careers. In this Article, we review extant interdisciplinary research on the negative consequences of sexual harassment for workers’ physical, psychological, and behavioral health; their career and earnings trajectories; and for broader organizational culture. Understanding these costs sheds light on how best to reduce and respond to workplace sexual harassment. We offer three suggestions for law and policy: (1) expand legal …
Workplace Sexual Harassment And The "Unwelcome" Requirement: An Analysis Of Bc Human Rights Tribunal Decisions From 2010 To 2016, Bethany Hastie
Workplace Sexual Harassment And The "Unwelcome" Requirement: An Analysis Of Bc Human Rights Tribunal Decisions From 2010 To 2016, Bethany Hastie
All Faculty Publications
Legal complaints concerning workplace sexual harassment are anticipated to increase, following in the wake of the #MeToo movement and a number of high-profile cases in Canada. Yet little contemporary research has analyzed sexual harassment laws in Canada. This article contributes to further research on sexual harassment laws through a case analysis of BC Human Rights Tribunal decisions from 2010 to 2016. This article analyzes trends in assessing credibility and character in sexual harassment complaints and establishes that the requirement that a complainant prove that the conduct in question was “unwelcome” improperly shifts the focus of the legal inquiry towards her …
Assessing Sexually Harassing Conduct In The Workplace: An Analysis Of Bc Human Rights Tribunal Decisions In 2010–16, Bethany Hastie
Assessing Sexually Harassing Conduct In The Workplace: An Analysis Of Bc Human Rights Tribunal Decisions In 2010–16, Bethany Hastie
All Faculty Publications
Sexual harassment in the workplace was first recognized as a form of discrimination in the 1980s. Since that time, the concepts of sexual harassment and discrimination have evolved substantially. This article explores how human rights tribunals address complaints of sexual harassment in the workplace through a case analysis of BC Human Rights Tribunal decisions from 2010 to 2016. Focusing on an examination of how the tribunal determines what constitutes sexually harassing conduct, this article suggests that, while human rights tribunals are advancing in their understanding and analysis of sexual harassment claims, there remain inherent limitations associated with the individualized nature …
Thinking Outside The Checkbox: Examining The Benefits Of Depression In The Workplace, Tyler L. Jensen
Thinking Outside The Checkbox: Examining The Benefits Of Depression In The Workplace, Tyler L. Jensen
Intuition: The BYU Undergraduate Journal of Psychology
No abstract provided.
Workplace Sexual Harassment: Assessing The Effectiveness Of Human Rights Law In Canada, Bethany Hastie
Workplace Sexual Harassment: Assessing The Effectiveness Of Human Rights Law In Canada, Bethany Hastie
Bethany Hastie
This report analyzes substantive decisions on the merits concerning workplace sexual harassment at each of the BC and Ontario Human Rights Tribunals from 2000-2018, with a view to identifying how the law of sexual harassment is understood, interpreted and applied by the Tribunals’ adjudicators. In particular, this report examines whether, and to what extent, gender-based stereotypes and myths known to occur in criminal justice proceedings arise in the human rights context.
This report examines substantive decisions on the merits for claims of workplace sexual harassment from 2000-2018 in BC and Ontario. The limitation to substantive decisions allows for a greater …
Workplace Sexual Harassment: Assessing The Effectiveness Of Human Rights Law In Canada, Bethany Hastie
Workplace Sexual Harassment: Assessing The Effectiveness Of Human Rights Law In Canada, Bethany Hastie
All Faculty Publications
This report analyzes substantive decisions on the merits concerning workplace sexual harassment at each of the BC and Ontario Human Rights Tribunals from 2000-2018, with a view to identifying how the law of sexual harassment is understood, interpreted and applied by the Tribunals’ adjudicators. In particular, this report examines whether, and to what extent, gender-based stereotypes and myths known to occur in criminal justice proceedings arise in the human rights context.
This report examines substantive decisions on the merits for claims of workplace sexual harassment from 2000-2018 in BC and Ontario. The limitation to substantive decisions allows for a greater …
Non-Compete Agreement Got You Stuck In Sexual Harassment? #Metoo: An Analysis Of The Correlation Between Non-Compete Agreements And Sexual Harassment, Raquel Flynn
University of Baltimore Law Review
No abstract provided.
When Both Apply, Does Title Vii Displace Title Ix In Employee-On-Employee Sexual Harassment Cases?, Ryan Butler
When Both Apply, Does Title Vii Displace Title Ix In Employee-On-Employee Sexual Harassment Cases?, Ryan Butler
SLU Law Journal Online
Ryan Butler explores the possibility of an employee-on-employee sexual harassment circuit split, causing some employees to have a remedy under only Title VII, while others may have remedies under both Title VII and Title IX.