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Anti-Discrimination Law In Peril, Trina Jones Apr 2010

Anti-Discrimination Law In Peril, Trina Jones

Missouri Law Review

In this short Essay, I explore the tendency of courts to summarily dismiss employment discrimination claims and consider whether the judicial skepticism, if not outright hostility, we are witnessing is limited to statutory actions under Title VII or is instead part of a broader movement against discrimination claims. In Part II, I suggest that between 1973, when McDonnell Douglas was decided, and 2009 societal beliefs about the prevalence of discrimination in the United States changed. In 1973, as the country emerged from the Jim Crow era, the presumption was one of widespread discrimination. Today, in so-called "post-racial" America, an opposite …


State Employment Protection Statutes For Victims Of Domestic Violence As An Employment Matter, Jennifer E. Swanberg, Mamta U. Ojha Jan 2010

State Employment Protection Statutes For Victims Of Domestic Violence As An Employment Matter, Jennifer E. Swanberg, Mamta U. Ojha

University of Kentucky Center for Poverty Research Discussion Paper Series

Evidence indicates that domestic violence has negative consequences on victims’ employment; yet employers lag in recognizing this as a workplace issue. To address the problem, some states have established several policy solutions. To understand the scope of the public sector’s response to domestic violence as a workplace issue, a content analysis of state-level employment protection policies for domestic violence victims (N=369) was conducted. Results indicate three broad policy categories: 1) policies that offer work leave for victims; 2) policies that aim to reduce employment discrimination of domestic violence victims; and 3) policies that aim to increase awareness and safety in …


Third Year Evaluation Of The Center For Driver's License Recovery And Employability, John Pawasarat, Lois M. Quinn Jan 2010

Third Year Evaluation Of The Center For Driver's License Recovery And Employability, John Pawasarat, Lois M. Quinn

ETI Publications

The third year evaluation of the Center for Driver’s License Recovery and Employability was conducted by the Employment and Training Institute. The CDLRE is serving an increasingly difficult population -- with higher unemployment, more referrals from the courts and DOC, and with more legal problems. The CDLRE driver’s license recovery rates remained very high (i.e., 57% for the 3-year period). Over 5,000 Milwaukee County residents received assistance in 2007-2009 for case management or license recovery planning advice. The CDLRE continues to reach the hard-to-serve target populations, with 66% males, 92% minorities, and all low-income. More clients needed legal assistance in …


Ricci V. Destefano: A Masculinities Theory Analysis, Ann C. Mcginley Jan 2010

Ricci V. Destefano: A Masculinities Theory Analysis, Ann C. Mcginley

Scholarly Works

This Article applies masculinity theory to explore the aspects Ricci v. Destefano and its political reverberations. Empirical evidence showed that virtually all written tests have a disparate impact on minorities, that a neighboring city had reached less discriminatory results using a different weighting system, and that other fire departments used assessment centers to judge firefighters' qualifications for promotions. While the black male and all female firefighters were made invisible by the case and the testimony, the fact that Ricci's and Vargas' testimony lionized a particularly traditional form of heterosexual masculinity was also invisible. While the command presence required of a …