Digital Commons Network^™

Beyond The Cat’S Paw: An Argument For Adopting A “Substantially Influences” Standard For Title Vii And Adea Liability, Tim Davis

The University of New Hampshire Law Review

[Excerpt] “Susan, an African-American nurse, has worked for a large group of physicians for nearly twenty years and is nearing the end of her career. Susan’s boss has recently retired and has been replaced by a man with an animus toward African-Americans. This has put Susan in a precarious situation.

Instead of overtly discriminating against her, Susan’s supervisor complains to the large medical practice’s personnel committee that Susan’s work is substandard and she no longer is a productive worker. The committee, based on the supervisor’s report, fires Susan.

When Susan goes to court to assert her right not to be …

Take Me Out To The Metaphor, Parker B. Potter Jr.

The University of New Hampshire Law Review

[Excerpt] “In the fall of 2003, Judge Smith of the United States District Court for the District of Rhode Island wrote that “[c]ases examining the issue of workplace sexual harassment by women against women are about as common as a baseball post-season that includes the Cubs and the Red Sox . . . .

Judge Smith’s observation was, of course, rooted in the perception among baseball fans, and in the popular culture, that nothing says “futility” quite like a reference to the Chicago Cubs or the Boston Red Sox. Conversely, there can be little doubt that for one in search …