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Turning Title Vii's Protection Against Retaliation Into A Never-Fulfilled Promise, Jessica L. Beeler
Turning Title Vii's Protection Against Retaliation Into A Never-Fulfilled Promise, Jessica L. Beeler
Golden Gate University Law Review
Part I also explains the varied standards that were previously used when deciding what constitutes an adverse employer action and how the Supreme Court's recent decision in Burlington Northern resolved a split among the circuits. In Burlington Northern, the Supreme Court adopted a deterrence test to define adverse employer actions, which means the employer action must be harmful to the point that it would deter a reasonable employee of complaining of discrimination. Part II analyzes the actual effects of this decision, focusing in particular on DeHart. It shows how DeHart misapplied the deterrence standard by focusing on whether the employer …
Customizing The Reasonable-Woman Standard To Fit Emotionally And Financially Disabled Plaintiffs Is Outside The Scope Of The Civil Rights Act's Prohibition On Sex-Based Discrimination: Holly D. V. California Institute Of Technology, Amanda M. Jarratt
Golden Gate University Law Review
Tailoring the reasonable-woman standard to include select disabilities is problematic because employer liability would improperly depend upon the effect that the victim's disability had on the victim's perception, instead of on the agency relationship between the supervisor and the employer. Furthermore, these subjective standards would prevent employers from successfully invoking the reasonable care defense. Using these tailored standards would also result in discriminatory treatment under the law for women who did not qualify for one of these customized standards. Finally, customized standards would sterilize American workplaces. In support of this Comment's assertions against factoring the emotional and financial difficulties of …
Expert Testimony And "Subtle Discrimination" In The Workplace: Do We Now Need A Weatherman To Know Which Way The Wind Blows?, Deborah Dyson
Expert Testimony And "Subtle Discrimination" In The Workplace: Do We Now Need A Weatherman To Know Which Way The Wind Blows?, Deborah Dyson
Golden Gate University Law Review
This Comment studies Elsayed in order to investigate these questions. The Background discussion traces the two great lines of cases whose trajectories cross in Elsayed, the Daubert v. Merrell Dow expert testimony jurisprudence under the Federal Rules of Evidence and the McDonnell Douglas v. Green line of cases establishing the "pretext" model of proof for individual employment discrimination claims under Title VII of the 1964 Civil Rights Act. Then, turning to the opinion proper, the Analysis considers Elsayed under the following headings: (A) The Crux: The Court's Harmless-Error Determination, (B) Decoding in the Pretext Context, (C) Substituting the Mixed-Motives Regime …
Employer Discrimination On The Basis Of Pregnancy: Righting The Power Imbalance, Victoria R. Riede
Employer Discrimination On The Basis Of Pregnancy: Righting The Power Imbalance, Victoria R. Riede
Golden Gate University Law Review
First, this comment will examine the problems with the position-elimination defense as illustrated by Smith v. F. W. Morse & Co. Since some reorganization is necessary when an employee takes leave, allowing an employer to offer this reorganization effort as evidence of non-discriminatory intent creates a gap in Title VII protections. Next, the author will compare existing American federal family leave laws and European leave laws. The comment will then use California's landlord-tenant law as a prototype for proposing an amendment to existing maternity leave law that remedies the power distribution between dominant and subordinate individuals in a legal relationship.
Cassista V. Community Foods, Inc.: Drawing The Line At Obesity?, Kimberly B. Dunworth
Cassista V. Community Foods, Inc.: Drawing The Line At Obesity?, Kimberly B. Dunworth
Golden Gate University Law Review
This Note will discuss the background of the Fair Employment and Housing Act, and give a brief overview of the federal statutes upon which the FEHA is modeled, the policy of the FEHA, and obesity discrimination. The overview will be followed by an analysis of the California Supreme Court's application of the law to the facts in Cassista, and a critique of the court's reasoning.
Patterson V. Mclean Credit Union: Racial Discrimination By Private Actors And Racial Harassment Under Section 1981, Helen J. Moore
Patterson V. Mclean Credit Union: Racial Discrimination By Private Actors And Racial Harassment Under Section 1981, Helen J. Moore
Golden Gate University Law Review
This Note argues that had the Patterson Court considered the evidence of congressional intent and concern in its interpretation of section 1981, and had it placed more weight on policy considerations, it would have held that section 1981 prohibits racial harassment. The Note shows that, as decided, the Patterson decision will leave many victims of contractual racial harassment with an inadequate remedy, or with no remedy at all, because the closest alternative to section 1981, Title VII of the Civil Rights Act of 1964, is much less effective than section 1981, and because Patterson's narrow construction of section 1981 deters …
Employment Discrimination, Donald A. Tine
Employment Discrimination, Donald A. Tine
Golden Gate University Law Review
No abstract provided.
Survey: Women And California Law, Alan Black, Katherine Hardy
Survey: Women And California Law, Alan Black, Katherine Hardy
Golden Gate University Law Review
This survey of California law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.
General Telephone Company Of The Southwest V. Falcon: Rule 23'S Application To Title Vii, Walter Cook
General Telephone Company Of The Southwest V. Falcon: Rule 23'S Application To Title Vii, Walter Cook
Golden Gate University Law Review
Currently, under the Federal Rules of Civil Procedure, courts are not required to include findings of fact and conclusions of law in orders granting or denying class certification. Because of the complex nature of the law and facts involved in class suits, this note will also suggest a requirement, possibly through amendment of the Federal Rules of Civil Procedure, that such orders make explicit, through written findings and conclusions, the factors taken into account in the court's decision. Such a requirement would aid the courts in properly applying Rule 23 to Title VII. Moreover, written findings of fact and conclusions …
Constitutional Law, Jeff Kirk, Robert E. Kroll, James D. Fisher, Jacqueline Martinez
Constitutional Law, Jeff Kirk, Robert E. Kroll, James D. Fisher, Jacqueline Martinez
Golden Gate University Law Review
No abstract provided.
Homophobia, "Manifest Homosexuals" And Political Activity: A New Approach To Gay Rights And The "Issue" Of Homosexuality, Douglas Warner
Homophobia, "Manifest Homosexuals" And Political Activity: A New Approach To Gay Rights And The "Issue" Of Homosexuality, Douglas Warner
Golden Gate University Law Review
This Comment will survey the popular and largely unsupportable beliefs about homosexuality, which result in the societal oppression of gay people. The law's reflection of this cultural homophobia has been instrumental in that oppression. In light of the homophobia in society and its consequences in the law, the GLSA court's approach was necessary, its results consistent with contemporary knowledge and with fundamental principles of a just society. The purpose of this Comment is to demonstrate why that is so and to speculate on the decision's implications for the gay rights movement, for gay people, and not least of all, for …