Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Law

Labor And Employment In The Academy - A Critical Look At The Ivory Tower: Proceedings Of The 2002 Annual Meeting Of The Association Of American Law Schools, Joint Program Of The Section On Labor Relations And Employment Law And Section On Minority Groups, Elizabeth M. Iglesias, Jo Anne Durako, Devon Wayne Carbado, Margaret E. Montoya, Michael A. Olivas, Rex R. Perschbacher, Douglas D. Scherer, Vicki Schultz Jan 2002

Labor And Employment In The Academy - A Critical Look At The Ivory Tower: Proceedings Of The 2002 Annual Meeting Of The Association Of American Law Schools, Joint Program Of The Section On Labor Relations And Employment Law And Section On Minority Groups, Elizabeth M. Iglesias, Jo Anne Durako, Devon Wayne Carbado, Margaret E. Montoya, Michael A. Olivas, Rex R. Perschbacher, Douglas D. Scherer, Vicki Schultz

Articles

No abstract provided.


Let The Jury Decide: The Gap Between What Judges And Reasonable People Believe Is Sexually Harassing, Theresa M. Beiner Jan 2002

Let The Jury Decide: The Gap Between What Judges And Reasonable People Believe Is Sexually Harassing, Theresa M. Beiner

Faculty Scholarship

No abstract provided.


(Un)Welcome Conduct And The Sexually Hostile Environment, Henry L. Chambers, Jr. Jan 2002

(Un)Welcome Conduct And The Sexually Hostile Environment, Henry L. Chambers, Jr.

Law Faculty Publications

As courts refine the theory underlying sexual harassment and sex discrimination, the unwelcomeness inquiry may become irrelevant to determining whether gender-based conduct is sexually harassing. In addition, the one possible remaining purpose that the unwelcomeness requirement may serve-providing notice to a putative harasser or its employer-is now served by an affirmative defense applicable to many sexual harassment claims. Consequently, its role should be reexamined. This Article does that. Part I of the Article describes a hypothetical situation that provides a context in which to consider unwelcomeness. Part II provides a brief overview of the evolving sexual harassment jurisprudence. Part III …


A New Look At Sexual Harassment Under The Fair Housing Act: The Forgotten Role Of §3604(C), Robert G. Schwemm, Rigel C. Oliveri Jan 2002

A New Look At Sexual Harassment Under The Fair Housing Act: The Forgotten Role Of §3604(C), Robert G. Schwemm, Rigel C. Oliveri

Law Faculty Scholarly Articles

Sexual harassment in housing is a significant national problem. Although less visible than the comparable problem in employment, sexual harassment in housing may be as prevalent and probably more devastating to its victims.

Nevertheless, relatively little attention has been paid to this issue or to the law that should govern it. Indeed, the law of sexual harassment in housing developed well after and in virtual lock-step with the law of sexual harassment in employment. Thus, courts have simply interpreted the Fair Housing Act (FHA) to prohibit sexual harassment to the same degree—and only to the same degree—as it is prohibited …


Discrimination Cases In The 2001 Term Of The Supreme Court (Symposium: The Fourteenth Annual Supreme Court Review), Eileen Kaufman Jan 2002

Discrimination Cases In The 2001 Term Of The Supreme Court (Symposium: The Fourteenth Annual Supreme Court Review), Eileen Kaufman

Scholarly Works

No abstract provided.