Digital Commons Network^™

Social Media In The Hiring Process: Uncovering Top Talent Or Lawsuits, Ian U. Anderson

Marriott Student Review

As social media use in the hiring process increases, hiring managers must understand how to use it effectively and legally. Improper use of social media when researching candidates can lead to lawsuits. This article features three key recommendation for effective use of social media in hiring decisions.

Gender Typing In Stereo: The Transgender Dilemma In Employment Discrimination, Richard F. Storrow

Maine Law Review

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination against men because they are men and against women because they are women. This familiar characterization of the Act has been quoted in dozens of sex discrimination cases to support a narrow view of who is protected against sex discrimination in this country. When transsexuals file suit, “[e]mployment discrimination jurisprudence at both the federal and state levels ... captures transsexuals in a discourse of exclusion from social participation. This wide net, using a remarkably refined system of semantic manipulations, snags all claims launched by transsexuals and reveals …

Hiv And The Ada: What Is A Direct Threat?, Dawn-Marie Harmon

Maine Law Review

Anne, a surgical technician at a local hospital, recently learned that she was HIV-positive. She works in the emergency room and, as a part of her job, she hands surgical instruments to doctors performing emergency surgery. It is a fast paced and unpredictable environment. Her hands often come in contact with sharp instruments. Although Anne has never put her hands into a patient's body cavity, there is a remote possibility that she may need to do so in the future. There is always a possibility, however small, that she will cut herself and come into blood-to-blood contact with a doctor …

Running From The Gender Police: Reconceptualizing Gender To Ensure Protection For Non-Binary People, Katie Reineck

Michigan Journal of Gender & Law

Non-binary people who are discriminated against at work or school are in a unique and demoralizing position. Not only have some courts expressed reluctance to use existing antidiscrimination law to protect plaintiffs who are discriminated against based on their gender identity and not simply because they are men or women, in most states non-binary genders are not legally recognized. I argue that a fundamental right to self-identification grounded in the Due Process Clause of the Fourteenth Amendment would provide non-binary plaintiffs with the ability to assert their gender in court and have that assertion carry legal weight, regardless of how …

Speaking Our Truth: Gender Minority People's Experiences With Discrimination, Codie L. Stone

Dissertations

This research builds on the growing literature on gender minority identities and issues, and aims to bring to light the voices, experiences, and ideas of this marginalized population contributing to our knowledge of the ways that discrimination is experienced by gender minorities. Participants' in this study are adults who identify within a marginalized gender category, mostly transgender and gender non-binary. The purpose of this research is to provide a glimpse into the lives of these participants and showcase the extreme vulnerability and vigilance, as well as resilience, participants navigate and embody. Using an intersectional framework, this research explores the influences …

Intention, Questions, And Creative Expression: An Antidiscriminatory Diversity Statement, Hannah S. Bright

Scholarship and Engagement in Education

Supporting education that reflects diversity involves maintaining awareness of one’s personal positionality, creating safe and inclusive learning communities, and using creativity and choice to empower and honor student voice and individual development. When working in educational settings, teachers may involve students in selecting relevant materials, and follow their lead in creating critical dialogue about salient factors of identity.

Sexual Orientation, Equal Treatment And The Right To Manifest Religion: Lee V Mcarthur, Mel Cousins

Mel Cousins

Third Generation Discrimination: The Ripple Effects Of Gender Bias In The Workplace, Catherine Ross Dunham

Akron Law Review

This Article joins together threads of ongoing conversations regarding implicit bias and gender discrimination. The Article builds on the groundbreaking work of Susan Sturm of Columbia University who developed the theory of second generation gender discrimination, Title VII gender discrimination based on implicit bias, in her article Second Generation Employment Discrimination: A Structural Approach, 101 Colum. L. Rev. 458 (2001). In her article, Sturm developed a theory to pursue Title VII claims where the employment practice at issue is facially-neutral, but the effect of the policy in a bias-based, homogeneous work environment is discriminatory. Since 2001, several high profile …

Jespersen V. Harrah's Operating Co.: Employer Appearance Standards And The Promotion Of Gender Stereotypes, Hillary J. Bouchard

Maine Law Review

In Jespersen v. Harrah’s Operating Co., Harrah’s Casino (Harrah’s) gave Darlene Jespersen (Jespersen), a female employee, thirty days to comply with the new mandatory makeup requirement the business imposed on its female beverage service employees. Jespersen refused, thirty days passed, and Harrah’s immediately terminated her. After unsuccessfully seeking administrative relief with the Equal Employment Opportunity Commission (EEOC), Jespersen filed a lawsuit against Harrah’s in federal district court. The claim alleged “disparate treatment sex discrimination” by Harrah’s in violation of Title VII. Subsequently, Harrah’s moved for summary judgment, and the district court granted the motion. The court found that Harrah’s employee …

“Compelled To Row: Blacks On Royal Navy Galleys During The American Revolution”, Charles R. Foy

Faculty Research & Creative Activity

Work on Royal Navy galleys in North America during the American Revolution was physically demanding, lacked in sufficient shelter for their crews and rarely resulted in sailors obtaining prize monies. These conditions resulted in desertion rates five times greater than on other Royal Navy vessels and the frequent employment of older men. At the same time, Blacks served British galleys at twice the rate as on other Royal Navy vessels. This was due to the hiring out of slaves onto galleys by Loyalists, the impressment of free black seamen by galley commanders and fugitive slaves seeking freedom through service on …

Can You Hear Us Now? Engaging Young African American Voices In Urban Communities And Schools, Alyssia C. Hence

McNair Scholars Research Journal

This qualitative study will examine the impact of zero tolerance policies and school discipline practices on the educational experience of African American students, with a concentration on students who reside in urban communities. The objective of this study is to engage the perspectives of African American students about the impact of school discipline on their educational experiences. This study will examine factors that contribute to African American students entering the “school-to-prison pipeline,” and explore the role that suspensions and expulsions play in increasing the likelihood of students entering the juvenile justice system. The data collected in this study will identify …

Gender, Race, And Violence: A Critical Examination Of Trauma In The Color Purple, Jessica Lewis

Sacred Heart University Scholar

The purpose of this article is to analyze the roles gender and race play in relation to trauma in Alice Walker’s novel, The Color Purple. Specifically, the article argues that gender and race are the underlying causes of the violence and trauma experienced by Walker’s female characters, Celie, Sophia, and Squeak. While violence does not always lead to internal conflict, this critical examination looks chiefly at trauma that is derived from violence. As a catalyst for targeted violence, identity categories, in particular female and African American are explored and their roles in oppression are investigated. In doing so, the …

Justice Blackmun And Individual Rights, Diane P. Wood

Dickinson Law Review (2017-Present)

Of the many contributions Justice Blackmun has made to American jurisprudence, surely his record in the area of individual rights stands out for its importance. Throughout his career on the Supreme Court, he has displayed concern for a wide variety of individual and civil rights. He has rendered decisions on matters ranging from the most personal interests in autonomy and freedom from interference from government in life’s private realms, to the increasingly complex problems posed by discrimination based upon race, sex, national origin, alienage, illegitimacy, sexual orientation, and other characteristics. As his views have become well known to the public, …

Laverne Cox And The Fight For Lgbt+ Rights, Kelley Ambrose

Faculty Curated Undergraduate Works

This research paper highlights Laverne Cox and her life, accomplishments, and fight for equality among women, people of color, and the LGBT+ community. It speaks of different laws and regulations that hold or have held transgender people back and explains Cox’s relevance to the First Year Seminar course “Well-Behaved Women Seldom Make History”. It also touches on discrimination and the problems faced by transgender people in America.

Do College Admissions Counselors Discriminate? Evidence From A Correspondence-Based Field Experiment, Andrew Hanson

Economics Faculty Research and Publications

I design and implement a correspondence based field experiment to test for race and gender discrimination among college admissions counselors in the student information gathering stage. The experiment uses names to identify student race and gender, and student grade, SAT score, and writing differences to reflect varying levels of applicant quality. I find that counselors do not respond differently by race in most cases, but there are measurable differences in response/non-response and in the type of correspondence sent that favor female students. I also find that the quality of the student induces large differences in the type of response.