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Full-Text Articles in Law
An Ounce Of Prevention Is A Poor Substitute For A Pound Of Cure: Confronting The Developing Jurisprudence Of Education And Prevention In Employment Discrimination Law, Susan Bisom-Rapp
Faculty Scholarship
This article challenges a widely shared conviction that has had a tremendous impact on employer practices and, most recently, on employment discrimination jurisprudence. More specifically, the piece interrogates the belief that employee education can prevent, or at least greatly curb, invidious employment discrimination prohibited by Title VII of the Civil Rights Act and other civil rights statutes. This premise, broadly held and rarely questioned, has spawned a multi-billion dollar sexual harassment and diversity training industry staffed by consultants, attorneys, and human resource professionals, who offer programs aimed at litigation prevention. Yet, there is absolutely no empirical support for the premise …
Next Challenge In Sexual Harassment Reform: Racial Disparity, The Panel One: Gender, Race, And Sexuality: Historical Themes And Emerging Issues In Women's Rights Law, Tanya K. Hernandez
Next Challenge In Sexual Harassment Reform: Racial Disparity, The Panel One: Gender, Race, And Sexuality: Historical Themes And Emerging Issues In Women's Rights Law, Tanya K. Hernandez
Faculty Scholarship
In order to do my homework in discussing both a tribute to women's lawyering and activism and also discuss emerging issues, I am going to focus on sexual harassment.
School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake
School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake
Articles
This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chose institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct …