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Articles 1 - 30 of 168
Full-Text Articles in Entire DC Network
Reporting Sexual Violence: The Victim's Right To Protection And Justice, Nada Shehata
Reporting Sexual Violence: The Victim's Right To Protection And Justice, Nada Shehata
Theses and Dissertations
Incidents of sexual violence are still under-reported to legal institutions in Egypt despite the recent legal amendments. The reasons for under-reporting SV incidents to police stations appear to be the same that justifies victim’s non-reporting or resorting to various social media accounts on Facebook and Instagram as “Daftr Hekayat” and “AssaultPolice” which provided a safe space for them to reveal the assault incidents and warn potential victims from the shamed assailants. As successful as these accounts are, they have their drawbacks. It is not accessible to economically and educationally disadvantaged victims, and lately, the perpetrators started to file defamation lawsuits …
A Model For Understanding Cedaw’S Impact On Implementing Gender Equality Reforms: Lessons From Canada And India, Amanda L. Stephens
A Model For Understanding Cedaw’S Impact On Implementing Gender Equality Reforms: Lessons From Canada And India, Amanda L. Stephens
Cleveland State Law Review
This Article provides a model for examining the impact of the Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW”) on implementing gender equality reforms using Canada and India, two CEDAW State Parties, as case studies. It also explores the influence of heteropatriarchy, deeply-rooted cultural norms perpetuating gender inequality, on hindering CEDAW’s ratification in the United States, as well as CEDAW’s effectiveness in implementing reforms in Canada and India. The analysis showcases how non-governmental organizations (“NGOs”) in these countries have nevertheless achieved limited successes through their mobilization of CEDAW to address specific gender injustices, such as gender …
Safeguarding Silence: The Weaponization Of Nondisclosure Agreements And The Need For More Regulation, Johanna Shinners
Safeguarding Silence: The Weaponization Of Nondisclosure Agreements And The Need For More Regulation, Johanna Shinners
Marquette Benefits and Social Welfare Law Review
With the surge of the #MeToo movement, the weaponization of Nondisclosure agreements in cases of sexual assault and harassment has been brought to the forefront. This comment discusses the use and laws of nondisclosure agreements (NDAs) in cases of sexual assault and sexual harassment, highlighting their role in silencing victims and shielding perpetrators from accountability and underscores the broader implications of NDAs in perpetuating a culture of silence. Emphasizing the prevalence of NDAs, this comment scrutinizes their misuse and explores the historical context, highlighting the intertwining of #MeToo movement and NDAs.
This comment compares State responses, exemplified by Washington, California, …
Preservation Through Transformation: An Interpretive Analysis Of Title Vii’S Failure To Secure Remedy For The Wrongs Of Workplace Sexual Harassment, Halle Rudman
CMC Senior Theses
The establishment of Title VII of the Civil Rights Act of 1964 as federal law was a pivotal moment in the pursuit of workplace equality and eradication of discrimination. Unfortunately, the application of Title VII in sexual harassment cases has fallen short of the statute’s noble intentions. In this paper, I argue that the judicial treatment of Title VII has been disloyal to its original purpose, perpetuating systemic inequalities and hindering progress towards gender equality in the workplace. I first establish a framework for the reasonable construction of a statute, drawing on work from various legal theorists to establish three …
Protecting Title Ix’S Promise: The Injustice Of Indifference In Title Ix Peer Sexual Harassment Cases, Emily Harvey
Protecting Title Ix’S Promise: The Injustice Of Indifference In Title Ix Peer Sexual Harassment Cases, Emily Harvey
Emory Law Journal
Title IX of the Education Amendments of 1972 promised dramatic measures to address sex-based discrimination in education. In the context of civil suits against schools involving peer sexual harassment, these measures have yet to live up to their promise. Under the existing standard, student victims of peer sexual harassment must demonstrate that their educational institutions responded to their reports of harassment with “deliberate indifference.” This standard favors institutions over students as it imposes liability only in the most egregious cases. A deepening conflict between the circuit courts regarding what deliberate indifference actually requires compounds concerns over the standard’s ineffectiveness. Courts …
Signaling Sexual Harassment, Emily Suski
Signaling Sexual Harassment, Emily Suski
Emory Law Journal
Following the Supreme Court’s decision to eliminate the right to abortion in Dobbs v. Jackson Women’s Health Organization, Title IX stands as a potentially powerful statutory bulwark against further erosions of sex and gender equality rights. Title IX’s purpose is to protect against and eradicate sex discrimination of all forms, including sexual harassment, in education. Yet, it rarely fulfills this purpose. Although the Supreme Court has said that sexual harassment is a form of sex discrimination proscribed by Title IX, it has failed to define sexual harassment or provide more than the barest of guidance on how severe it …
#Metoo & The Courts: The Impact Of Social Movements On Federal Judicial Decisionmaking, Carol T. Li, Matthew E.K. Hall, Veronica Root Martinez
#Metoo & The Courts: The Impact Of Social Movements On Federal Judicial Decisionmaking, Carol T. Li, Matthew E.K. Hall, Veronica Root Martinez
Washington and Lee Law Review Online
In late 2017, the #MeToo movement swept through the United States as individuals from all backgrounds and walks of life revealed their experiences with sexual abuse and sexual harassment. After the #MeToo movement, many scholars, advocates, and policymakers posited that the watershed moment would prompt changes in the ways in which sexual harassment cases were handled. This Article examines the impact the #MeToo movement has had on judicial decisionmaking. Our hypothesis is that the #MeToo movement’s increase in public awareness and political attention to experiences of sexual misconduct should lead to more pro-claimant voting in federal courts at the district …
Charting A Course To Gender Equity: Sexual Harassment Reporting Rates In Charter Schools, Gabriella Kamran
Charting A Course To Gender Equity: Sexual Harassment Reporting Rates In Charter Schools, Gabriella Kamran
Mississippi College Law Review
Charter schools and sexual harassment are two hot-button issues in the education landscape, but their intersection is seldom addressed in research or public discourse. This Article examines whether K-12 charter schools report allegations of sexual harassment, including harassment on the basis of sexual orientation, at a rate different from that of traditional public schools. I analyzed data from the Department of Education’s 2015-16 Civil Rights Data Collection (CRDC) report and found that the average national reporting rate of sexual harassment allegations is significantly higher among traditional public schools than it is among charter schools. I then used the National Alliance …
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.
Hair Me Out: Why Discrimination Against Black Hair Is Race Discrimination Under Title Vii, Alexis Boyd
Hair Me Out: Why Discrimination Against Black Hair Is Race Discrimination Under Title Vii, Alexis Boyd
American University Journal of Gender, Social Policy & the Law
In May 2010, Chastity Jones sought employment as a customer service representative at Catastrophe Management Solutions (“CMS”), a claims processing company located in Mobile, Alabama. When asked for an inperson interview, Jones, a Black woman, arrived in a suit and her hair in “short dreadlocks,” or locs, a type of natural hairstyle common in the Black community. Despite being qualified for the position, Jones would later have her offer rescinded because of her hair. CMS claimed that locs “tend to get messy” and violated the “neutral” dress code and hair policy requiring employees to be “professional and business-like.” Therefore, CMS …
Panel 4 - Severe Or Pervasive: Towards Empowering Workers, Allegra Fishel, Joe Sellers, Bernice Yeung, Ann Mcginley, Alexis Ronickher
Panel 4 - Severe Or Pervasive: Towards Empowering Workers, Allegra Fishel, Joe Sellers, Bernice Yeung, Ann Mcginley, Alexis Ronickher
American University Journal of Gender, Social Policy & the Law
FACILITATOR: All right. We’re back and I wanted to introduce our moderator for our panel, Severe or Pervasive: Towards Empowering Workers. We have Ms. Allegra Fishel moderating. Ms. Fishel is a seasoned civil rights advocate and the founder of The Gender Equality Law Center. So, thank you so much for being here and, Ms. Fishel, I turn it over to you.
Promoting Change In The Face Of Retrenchment, Marcia Mccormick
Promoting Change In The Face Of Retrenchment, Marcia Mccormick
FIU Law Review
This article delves into the challenges of teaching antidiscrimination law and the complexities students face in reconciling legal doctrines with their expectations of justice. It explores the persistent inequalities embedded in wage gaps, labor market segregation, and more, highlighting the transformative potential of addressing stereotypes. Professor Kerry Stone's book, "Panes of the Glass Ceiling," is lauded for unveiling deeply ingrained cultural assumptions, offering tools to challenge them. The article reflects on hidden assumptions exposed in Stone's work and discusses the ideological pushback against education aimed at revealing and dismantling stereotypes. It concludes with a call for a nuanced understanding of …
Trying To Fit In To Get In: Women Working In A Masculinities World, Kimberly D. Bailey
Trying To Fit In To Get In: Women Working In A Masculinities World, Kimberly D. Bailey
Faculty Articles and Other Publications
In predominately male workplaces, sexualized “horseplay” is common. While this type of conduct can be a tool of gender subordination, it also is a tool for fostering camaraderie and collegiality among co-workers. In other words, some workers, including women, find that engaging in sexual horseplay is necessary in order to “fit in.” This Article critiques the failure of courts to appreciate the peer pressure to “fit in” when they analyze Title VII sexual harassment cases. This oversight is especially evident when courts try to determine whether a plaintiff found particular sexual conduct to be “unwelcome.” If a plaintiff voluntarily engages …
Title Ix And "Menstruation Or Related Conditions", Marcy L. Karin, Naomi Cahn, Elizabeth B. Cooper, Bridget J. Crawford, Margaret E. Johnson, Emily Gold Waldman
Title Ix And "Menstruation Or Related Conditions", Marcy L. Karin, Naomi Cahn, Elizabeth B. Cooper, Bridget J. Crawford, Margaret E. Johnson, Emily Gold Waldman
Faculty Scholarship
Title IX protects against sex-based discrimination and harassment in covered education programs and activities. The Biden Administration's recently proposed Title IX regulations do not, however, include discrimination on the basis of menstruation or related conditions as a form of discrimination based on sex. This comment on the proposed regulations explains why the regulations should include conditions related to menstruation and recommends changes for how to do so.
Unlocking The Beauty From Within Title Vii: Arguing For An Expansive Interpretation Of Title Vii To Protect Against Attractiveness Discrimination, Michael Conklin
Unlocking The Beauty From Within Title Vii: Arguing For An Expansive Interpretation Of Title Vii To Protect Against Attractiveness Discrimination, Michael Conklin
American University Journal of Gender, Social Policy & the Law
Beauty may only be skin deep, but discrimination against the unattractive runs far deeper. Research emphatically demonstrates that attractiveness discrimination affects nearly every aspect of life, including hiring and promotion decisions. For example, personal injury attorneys utilize economists as expert witnesses for how their clients’ reduced attractiveness will negatively affect their future earnings. Attractiveness discrimination is just as prevalent as discrimination based on ethnicity. Unfortunately, current interpretations of federal antidiscrimination legislation do not offer protections from attractiveness discrimination. This Article offers a comprehensive framework for providing such protections under an expansive interpretation of Title VII.
Ensuring The Laws Barring Sexual Harassment Protect The Reticent Victim, Joseph M. Sellers, Aniko R. Schwarcz
Ensuring The Laws Barring Sexual Harassment Protect The Reticent Victim, Joseph M. Sellers, Aniko R. Schwarcz
American University Journal of Gender, Social Policy & the Law
According to multiple employee surveys, sexual harassment is one of the most underreported forms of abuse in the workplace. There are a number of reasons that reportedly account for this reluctance to complain about sexual harassment. They include the potential shame, embarrassment, and fear that may accompany reports of sexual harassment and the blame and heightened scrutiny of the victim that may be prompted by these complaints. Unlike most other forms of discrimination, where their presence may be inferred from patterns observed in workforce data, sexual harassment is typically undetectable and certainly not actionable unless it is the subject of …
#Metoo & The Courts: The Impact Of Social Movements On Federal Judicial Decisionmaking, Carol T. Li, Matthew E.K. Hall, Veronica Root Martinez
#Metoo & The Courts: The Impact Of Social Movements On Federal Judicial Decisionmaking, Carol T. Li, Matthew E.K. Hall, Veronica Root Martinez
Faculty Scholarship
In late 2017, the #MeToo movement swept through the United States as individuals from all backgrounds and walks of life revealed their experiences with sexual abuse and sexual harassment. After the #MeToo movement, many scholars, advocates, and policymakers posited that the watershed moment would prompt changes in the ways in which sexual harassment cases were handled. This Article examines the impact the #MeToo movement has had on judicial decisionmaking. Our hypothesis is that the #MeToo movement’s increase in public awareness and political attention to experiences of sexual misconduct should lead to more pro-claimant voting in federal courts at the district …
Stereotyping Evidence: The Civil Exception To The Federal Rape Shield Law And Its Embedded Sexual Stereotypes, Ramona Albin
Stereotyping Evidence: The Civil Exception To The Federal Rape Shield Law And Its Embedded Sexual Stereotypes, Ramona Albin
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Civil Rights In The Workplace: It's Time To Cut The Excess And Get To The Truth, Hnin N. Khaing
Civil Rights In The Workplace: It's Time To Cut The Excess And Get To The Truth, Hnin N. Khaing
American University Journal of Gender, Social Policy & the Law
On February 8, 1964, during the last few hours before the enactment of the Civil Rights Act, thanks to an individual described as a “racist, male octogenarian,” Congress haphazardly added “sex” as a prohibited basis for discrimination alongside race, color, religion, and national origin under Title VII1 of the Act. It was not until two decades later, in 1986, that the Supreme Court recognized sexual harassment as a form of sex discrimination under Title VII. Five years later, Anita Hill’s riveting public testimony, during the nomination hearings for Justice Clarence Thomas, ignited a nationwide discussion on sexual harassment. A quarter …
Bridges Of Law, Ideology, And Commitment, Steven L. Winter
Bridges Of Law, Ideology, And Commitment, Steven L. Winter
Touro Law Review
Law has a distinctive temporal structure—an ontology—that defines it as a social institution. Law knits together past, present, purpose, and projected future into a demand for action. Robert Cover captures this dynamic in his metaphor of law as a bridge to an imagined future. Law’s orientation to the future necessarily poses the question of commitment or complicity. For law can shape the future only when people act to make it real. Cover’s bridge metaphor provides a lens through which to explore the complexities of law’s ontology and the pathologies that arise from its neglect or misuse. A bridge carries us …
Eyes Wide Shut: Using Accreditation Regulation To Address The “Pass-The-Harasser” Problem In Higher Education, Susan Saab Fortney, Theresa Morris
Eyes Wide Shut: Using Accreditation Regulation To Address The “Pass-The-Harasser” Problem In Higher Education, Susan Saab Fortney, Theresa Morris
Faculty Scholarship
The #MeToo Movement cast a spotlight on sexual harassment in various sectors, including higher education. Studies reveal alarming percentages of students reporting that they have been sexually harassed by faculty and administrators. Despite annually devoting hundreds of millions of dollars to addressing sexual harassment and misconduct, nationwide university officials largely take an ostrich approach when hiring faculty and administrators with little or no scrutiny related to their past misconduct. Critics use the term “pass the harasser” or more pejoratively, “pass the trash” to capture the role that institutions play in allowing individuals to change institutions without the new employer learning …
Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman
Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Employer Liability For Sex Harassment Through The Lens Of Restorative Justice, Emily Rees
Employer Liability For Sex Harassment Through The Lens Of Restorative Justice, Emily Rees
Cleveland State Law Review
Title VII cases alleging sex harassment have become almost completely deferential to employers who have anti-harassment policies. In this Note, I discuss legal and sociological influences on this development and propose using restorative justice focused mediation to avoid rendering Title VII entirely ineffective. Mediation should only be compelled as a remedy—after a court finds that harassment occurred, but that the plaintiff cannot prove her employer knew about the harassment. Instead of dismissing these cases—where judges have already found illegal discrimination—some corrective action should be imposed on the employer for its failure to maintain a harassment-free workplace. Focusing mediation on principles …
Beyond #Metoo: Addressing Workplace Sexual Misconduct Cases And The Targeted Use Of Non-Disclosure Agreements, Taylor Percival, Lane Gibbons
Beyond #Metoo: Addressing Workplace Sexual Misconduct Cases And The Targeted Use Of Non-Disclosure Agreements, Taylor Percival, Lane Gibbons
Brigham Young University Prelaw Review
Recent allegations against prominent figures have brought the targeted use of non-disclosure agreements (NDAs) in sexual misconduct cases to public knowledge. NDAs have historically been used in a variety of ways in such cases, but situations of coercion and uneven power dynamics often leave victims with no real choice, and they end up losing their right to speak publicly about their experiences. This paper discusses the history of NDAs in sexual misconduct cases, explores when and why their enforcement is unlawful, and proposes the adoption of federal legislation like the BE HEARD Act to limit the inappropriate use of NDAs.
The Bumble Bill: A Critical Analysis On Texas’S New Law Taking Indecent Exposure Regulations Online, Ashley B. Huron
The Bumble Bill: A Critical Analysis On Texas’S New Law Taking Indecent Exposure Regulations Online, Ashley B. Huron
St. Mary's Law Journal
Abstract forthcoming.
“I Think You Didn't Get It Because They Misidentified You As Latina”: A Commentary On Multiracials And Civil Rights: Mixed-Race Stories Of Discrimination, Nancy Chi Cantalupo
“I Think You Didn't Get It Because They Misidentified You As Latina”: A Commentary On Multiracials And Civil Rights: Mixed-Race Stories Of Discrimination, Nancy Chi Cantalupo
Journal of Civil Rights and Economic Development
(Excerpt)
Liz was interviewing for a tenure-track, entry-level law faculty position at Law School X, “ranked” (in that year) around 100. She had heard a rumor that the law school was determined to hire a person who would add to the diversity of the faculty, which was both White- and male-dominated.
Liz’s “job talk,” a presentation on a current article that she was writing, used Liz’s own multiracial identification to illustrate a point relevant to her research, which utilized both critical race theory and feminist legal theory. In the course of explaining her illustration, Liz mentioned that she was often …
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.
Male Same-Sex "Horseplay": The Epicenter Of All Sexual Harassment?, Kimberly Bailey
Male Same-Sex "Horseplay": The Epicenter Of All Sexual Harassment?, Kimberly Bailey
All Faculty Scholarship
In Oncale v. Sundowner Offshore Services, Inc., the U.S. SupremeCourt recognized same-sex sexual harassment as a cognizable claim of sex discrimination under Title VII of the Civil Rights Act of 1964. At the time, many scholars found this recognition to be significant andimportant, but some also argued that the Court provided an incomplete analysis regarding the meaning of discrimination “because of sex.” Specifically, some scholars argue that the Court’s opinion reinforces the sexual desire paradigm in the analysis of sexual harassment cases. Building upon this critique, this Article focuses specifically on the harassment of men who generally are perceived as …
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.
He Said, She Said: Plausible Pleadings For Reverse Title Ix Claims, James Bunster
He Said, She Said: Plausible Pleadings For Reverse Title Ix Claims, James Bunster
Touro Law Review
No abstract provided.