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Cause For Concern Or Cause For Celebration?: Did Bostock V. Clayton County Establish A New Mixed Motive Theory For Title Vii Cases And Make It Easier For Plaintiffs To Prove Discrimination Claims?, Terrence Cain
Faculty Scholarship
Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to discriminate against an employee “because of” race, color, religion, sex, or national origin. This seems simple enough, but if an employer makes an adverse employment decision partly for an impermissible reason and partly for a permissible reason, i.e., if the employer acts with a mixed motive, has the employer acted “because of” the impermissible reason? According to Gross v. FBL Financial Services, Inc. and University of Texas Southwestern Medical Center v. Nassar, the answer is no. The Courts in Gross and Nassar held that …
The Bankruptcy Of Refusing To Hire Persons Who Have Filed Bankruptcy, Terrence Cain
The Bankruptcy Of Refusing To Hire Persons Who Have Filed Bankruptcy, Terrence Cain
Faculty Scholarship
In 1978, Congress made it illegal for government employers to deny employment to, terminate the employment of, or discriminate with respect to employment against a person who has filed bankruptcy. In 1984, Congress extended this prohibition to private employers by making it illegal for such employers to terminate the employment of, or discriminate with respect to employment against a person who has filed bankruptcy. Under the law as it currently exists, private employers can refuse to hire a person who has filed bankruptcy solely because that person has filed for bankruptcy. Meanwhile, employers have substantially increased their use of credit …
Centering The Teenage "Siren": Adolescent Workers, Sexual Harassment, And The Legal Construction Of Race And Gender, Anastasia M. Boles
Centering The Teenage "Siren": Adolescent Workers, Sexual Harassment, And The Legal Construction Of Race And Gender, Anastasia M. Boles
Faculty Scholarship
Recent scholarship and media attention has focused on the prevalence of sexually harassing behavior directed at working teenagers, and the emergence of sexual harassment lawsuits by these minors against their employers. Although many of the legal issues concerning workplace sexual harassment and adult workers (and the various state and federal jurisprudence prohibiting it) have been widely discussed, there is surprisingly little discourse, research, and precedent addressing the problem of workplace sexual harassment and teen workers.
Currently, most sexual harassment cases brought by adolescent workers are litigated using the doctrinal framework for adult workers. Only the Seventh Circuit has developed an …
In The Twelve Years Of Nafta, The Treaty Gave To Me ... What, Exactly?: An Assessment Of Economic, Social, And Political Developments In Mexico Since 1994 And Their Impact On Mexican Immigration Into The United States, Ranko Shiraki Oliver
Faculty Scholarship
No abstract provided.
Retaliatory Firings: The Remedy Under The Texas Workers' Compensation Act, J. Thomas Sullivan
Retaliatory Firings: The Remedy Under The Texas Workers' Compensation Act, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Litigating A Novel Course And Scope Of Employment Issue: Ina Of Texas V. Bryant, J. Thomas Sullivan
Litigating A Novel Course And Scope Of Employment Issue: Ina Of Texas V. Bryant, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Unexplained Accidents And Assaults: The Problems And Burdens Of Proof Under The Texas Workers' Compensation Statute, J. Thomas Sullivan
Unexplained Accidents And Assaults: The Problems And Burdens Of Proof Under The Texas Workers' Compensation Statute, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
The Creeping Eruption Of Mt. Healthy, Morell E. Mullins Sr.
The Creeping Eruption Of Mt. Healthy, Morell E. Mullins Sr.
Faculty Scholarship
No abstract provided.
Compensation For Loss Of Earning Capacity, Robert R. Wright
Compensation For Loss Of Earning Capacity, Robert R. Wright
Faculty Scholarship
No abstract provided.