Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 9 of 9
Full-Text Articles in Law
Retaliation In An Eeo World, Deborah L. Brake
Retaliation In An Eeo World, Deborah L. Brake
Indiana Law Journal
This Article examines how the prevalence of internal policies and complaint procedures for addressing discrimination in the workplace are affecting legal protections from retaliation. Retaliation has been an unusually active field of law lately. The Supreme Court’s heightened interest in taking retaliation cases in recent years has highlighted the central importance of retaliation protections to the integrity of discrimination law. The Court’s string of plaintiff victories in retaliation cases has earned it the reputation as a pragmatic, pro-employee Court when it comes to retaliation law. However, this view does not account for the proliferation and influence of employer EEO policies …
The Consequences Of Congress's Choice Of Delegate: Judicial And Agency Interpretations Of Title Vii, Margaret H. Lemos
The Consequences Of Congress's Choice Of Delegate: Judicial And Agency Interpretations Of Title Vii, Margaret H. Lemos
Vanderbilt Law Review
Although Congress delegates lawmaking authority to both courts and agencies, we know remarkably little about the determinants-and even less about the consequences-of the choice between judicial and administrative process. The few scholars who have sought to understand the choice of delegate have used formal modeling to illuminate various aspects of the decision from the perspective of the enacting Congress. That approach yields useful insight into the likely preferences of rational legislators, but tells us nothing about how (or whether) those preferences play out in the behavior of courts and agencies. Without such knowledge, we have no way of testing the …
Weighing Influence: Employment Discrimination And The Theory Of Subordinate Bias Liability, Keaton Wong
Weighing Influence: Employment Discrimination And The Theory Of Subordinate Bias Liability, Keaton Wong
American University Law Review
No abstract provided.
How The "Equal Opportunity" Sexual Harasser Discriminates On The Basis Of Gender Under Title Vii, Kyle F. Mothershead
How The "Equal Opportunity" Sexual Harasser Discriminates On The Basis Of Gender Under Title Vii, Kyle F. Mothershead
Vanderbilt Law Review
Americans commonly know that federal law prohibits workplace sexual harassment. Many might be surprised to find, however, that generally courts have not found liability in the case of the so-called "equal opportunity" harasser.' A simple hypothetical will explain the nature of this peculiar species of harasser. Suppose Ken and Carol are both employed at Happyfun, Inc. as manufacturers of reindeer Christmas ornaments under the direction of their supervisor, Fred. Fred corners each of them daily and asks, "How about some sex today?" No doubt he is sexually harassing both Ken and Carol. If they sue for relief, however, a judge …
Civil Rights - Employment Discrimination - Section 1981 Cannot Invalidate Facially Neutral Seniority Systems Preserved By Title Vii Under Teamsters, John B. Wright Ii
Civil Rights - Employment Discrimination - Section 1981 Cannot Invalidate Facially Neutral Seniority Systems Preserved By Title Vii Under Teamsters, John B. Wright Ii
Villanova Law Review
No abstract provided.
Civil Rights - Employment Discrimination - Employer May Establish Voluntary Affirmative Action Program Within Area Of Discretion Granted By Title Vii, Penny Tannenbaum
Civil Rights - Employment Discrimination - Employer May Establish Voluntary Affirmative Action Program Within Area Of Discretion Granted By Title Vii, Penny Tannenbaum
Villanova Law Review
No abstract provided.
Civil Rights - Title Vii - Statutes Of Limitations - Eeoc Enforcement Actions Not Subject To Any Time Limitation, Steven D. Mclamb
Civil Rights - Title Vii - Statutes Of Limitations - Eeoc Enforcement Actions Not Subject To Any Time Limitation, Steven D. Mclamb
Villanova Law Review
No abstract provided.
The Numbers Game - The Use And Misuse Of Statistics In Civil Rights Litigation, Marcy M. Hallock
The Numbers Game - The Use And Misuse Of Statistics In Civil Rights Litigation, Marcy M. Hallock
Villanova Law Review
No abstract provided.
Primary And Secondary Characteristics In Discrimination Cases, Richard Marshall Abrams
Primary And Secondary Characteristics In Discrimination Cases, Richard Marshall Abrams
Villanova Law Review
No abstract provided.