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Full-Text Articles in Law

Day Worker Center: Employer And Client Engagement, Anayeli Avalos Dec 2019

Day Worker Center: Employer And Client Engagement, Anayeli Avalos

Capstone Projects and Master's Theses

The Day Worker Center of Santa Cruz County is a component of the Community Action Board (CAB), a non-profit organization that has been providing services to eliminate poverty. CAB offers the program, administrative, and fiscal oversight to the Day Worker Center. The County of Santa Cruz is facing a high rate of unemployment, which is affecting the community. What contributes to the problem is low awareness of community knowledge about employment services. Also, the undocumented community that finds it hard to trust services because they think they can get deported. In addition, the issue can cause consequences such as health …


To Protect Or Not To Protect, An Empirical Approach To Predicting Where The Fourth Circuit Would Stand On Coverage For Sexual Orientation Discrimination Under Title Vii, Mary Stuart King Jul 2019

To Protect Or Not To Protect, An Empirical Approach To Predicting Where The Fourth Circuit Would Stand On Coverage For Sexual Orientation Discrimination Under Title Vii, Mary Stuart King

South Carolina Law Review

No abstract provided.


Brief Of Brian Wolfman, Aderson B. Francois, And Eric Schnapper As Amici Curiae In Support Of Petitioner In Peterson V. Linear Controls Incorporated, No. 18-1401 (U.S. Supreme Court June 6, 2019), Brian Wolfman, Aderson B. François Jun 2019

Brief Of Brian Wolfman, Aderson B. Francois, And Eric Schnapper As Amici Curiae In Support Of Petitioner In Peterson V. Linear Controls Incorporated, No. 18-1401 (U.S. Supreme Court June 6, 2019), Brian Wolfman, Aderson B. François

U.S. Supreme Court Briefs

In Title VII disparate-treatment, employment-discrimination cases, the term “adverse employment action” originally developed as judicial shorthand for the statute’s text, which broadly prohibits any discriminatory conduct by an employer against an employee based on the employee's race, color, religion, sex, or national origin. See 42 U.S.C. 2000e-2(a)(1). But what started simply as shorthand has taken on a life of its own and now improperly limits the statute’s reach. The Fifth Circuit’s version of the adverse-employment-action rule stands out as especially improper: Only an “ultimate employment decision”—a refusal to hire, a firing, a demotion, or the like—constitutes impermissible discrimination.

In this …


Surviving The “Pretext” Stage Of Mcdonnell Douglas: Should Employment Discrimination And Retaliation Plaintiffs Prove “Motivating Factors” Or But-For Causation?, Alexandra Zabinski Jan 2019

Surviving The “Pretext” Stage Of Mcdonnell Douglas: Should Employment Discrimination And Retaliation Plaintiffs Prove “Motivating Factors” Or But-For Causation?, Alexandra Zabinski

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi Jan 2019

The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi

Touro Law Review

No abstract provided.


Antidiscriminatory Algorithms, Stephanie Bornstein Jan 2019

Antidiscriminatory Algorithms, Stephanie Bornstein

UF Law Faculty Publications

Can algorithms be used to advance equality goals in the workplace? A handful of legal scholars have raised concerns that the use of big data at work may lead to protected class discrimination that could fall outside the reach of current antidiscrimination law. Existing scholarship suggests that, because algorithms are “facially neutral,” they pose no problem of unequal treatment. As a result, algorithmic discrimination cannot be challenged using a disparate treatment theory of liability under Title VII of the Civil Rights Act of 1964 (Title VII). Instead, it presents a problem of unequal outcomes, subject to challenge using Title VII’s …