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Full-Text Articles in Law
Unilateral Burdens And Third-Party Harms: Abortion Conscience Laws As Policy Outliers, Nadia Sawicki
Unilateral Burdens And Third-Party Harms: Abortion Conscience Laws As Policy Outliers, Nadia Sawicki
Indiana Law Journal
Most conscience laws establish nearly absolute protections for health care providers unwilling to participate in abortion. Providers’ rights to refuse—and relatedly, their immunity from civil liability, employment discrimination, and other adverse consequences—are often unqualified, even in situations where patients are likely to be harmed. These laws impose unilateral burdens on third parties in an effort to protect the rights of conscientious refusers. As such, they are outliers in the universe of federal and state anti-discrimination and religious freedom statutes, all of which strike a more even balance between individual rights and the prevention of harm to third parties. This Article …
Title Vii And The Unenvisaged Case: Is Anti-Lgbtq Discrimination Unlawful Sex Discrimination, Ronald Turner
Title Vii And The Unenvisaged Case: Is Anti-Lgbtq Discrimination Unlawful Sex Discrimination, Ronald Turner
Indiana Law Journal
As discussed herein, courts and individual judges recognizing or not finding actionable Title VII anti-LGBTQ14 claims have offered different rationales in support of their conflicting positions, including three justifications discussed in this project: (1) the meaning of Title VII’s “because of sex” prohibition, (2) the Supreme Court’s and circuit courts’ construction of the “because of sex” provision in the context of sex stereotyping and gender nonconformity discrimination as applied to the anti- LGBTQ question, and (3) associational discrimination theory. Claim-recognizing jurists have looked to Title VII’s text, Supreme Court and circuit court precedent, and the views of the Equal Employment …
Legitimacy And Protection Against Sexual Orientation Discrimination Under Title Vii, Matt Snodgrass
Legitimacy And Protection Against Sexual Orientation Discrimination Under Title Vii, Matt Snodgrass
Indiana Law Journal
Until relatively recently federal courts have held that claims of discrimination based in sexual orientation fall beyond the purview of Title VII protection. Even after the landmark holding in Price Waterhouse that recognized discrimination based in sex stereotypes and subsequent amendment to Title VII, courts resisted “bootstrapping” sexual orientation claims with sex discrimination claims. The result has been a number of puzzling outcomes—for example, extending Title VII protection to gay men who received adverse employment treatment due to stereotypically “effeminate” mannerism but not to gay men who meet cultural standards of masculinity— rigidly applying the structure of protected categories in …
Rethinking Employment Discrimination Harms, Jessica Roberts
Rethinking Employment Discrimination Harms, Jessica Roberts
Indiana Law Journal
Establishing harm is essential to many legal claims. This Article urges the law to adopt a more expansive notion of the harms of employment discrimination to better reflect the cognitive functions of individuals who face discrimination. While the effect of implicit bias on the mental state of potential discriminators is well-worn territory in antidiscrimination scholarship, little has been written about a sister theory: stereotype threat. More than a decade’s worth of social psychology research indicates that when a person is conscious of her membership in a particular group and the group is the subject of a widely recognized stereotype, that …
An Unreasonable Application Of A Reasonable Standard: Title Vii And Sexual Orientation Retaliation, Jorden Colalella
An Unreasonable Application Of A Reasonable Standard: Title Vii And Sexual Orientation Retaliation, Jorden Colalella
Indiana Journal of Law and Social Equality
No abstract provided.
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Indiana Journal of Law and Social Equality
No abstract provided.
Thou Shalt Not Sue The Church: Denying Court Access To Ministerial Employees, Shawna Meyer Eikenberry
Thou Shalt Not Sue The Church: Denying Court Access To Ministerial Employees, Shawna Meyer Eikenberry
Indiana Law Journal
No abstract provided.
Discrimination, Deceit, And Legal Decoys: The Diversion Of After-Acquired Evidence And The Focus Restored By Mckennon V. Nashville Banner Publishing Company, Elissa J. Preheim
Discrimination, Deceit, And Legal Decoys: The Diversion Of After-Acquired Evidence And The Focus Restored By Mckennon V. Nashville Banner Publishing Company, Elissa J. Preheim
Indiana Law Journal
No abstract provided.
Cancer-Based Employment Discrimination: Whether The Proposed Amendment To Title Vii Will Provide An Effective Anti-Discrimination Remedy, Katherine J. Streicher
Cancer-Based Employment Discrimination: Whether The Proposed Amendment To Title Vii Will Provide An Effective Anti-Discrimination Remedy, Katherine J. Streicher
Indiana Law Journal
No abstract provided.
Observations On The Supreme Court's Recent Affirmative Action Cases, Julia C. Lamber
Observations On The Supreme Court's Recent Affirmative Action Cases, Julia C. Lamber
Indiana Law Journal
No abstract provided.
Title Vii And Postjudgment Class Actions, John F. Crawford
Title Vii And Postjudgment Class Actions, John F. Crawford
Indiana Law Journal
No abstract provided.
Equal Rights For Women: The Need For A National Policy, Julia C. Lamber
Equal Rights For Women: The Need For A National Policy, Julia C. Lamber
Indiana Law Journal
No abstract provided.