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Constitutional Law

Michigan Journal of Gender & Law

Gender discrimination

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Full-Text Articles in Law

Limiting The Affirmative Defense In The Digital Workplace , Daniel B. Garrie Jan 2012

Limiting The Affirmative Defense In The Digital Workplace , Daniel B. Garrie

Michigan Journal of Gender & Law

From 2009 to 2011, there were more than 30,000 sexual harassment claims filed in the United States. The ubiquitous availability of digital technology devices has facilitated many instances of sexual harassment. Such sexual harassment occurs through unprovoked and offensive e-mails, messages posted on electronic bulletin boards, and other means available on the Internet. To date, courts remain silent on this issue. Should this type of sexual harassment be treated differently from physical sexual harassment? The surprising answer is yes. This Article suggests a new judicial framework for addressing sexual harassment perpetrated through digital communications. This framework accounts for the real-world …


Parenting And Pregnant Students: An Evaluation Of The Implementation Of The Other Title Ix, Michelle Gough Jan 2011

Parenting And Pregnant Students: An Evaluation Of The Implementation Of The Other Title Ix, Michelle Gough

Michigan Journal of Gender & Law

Title IX of the Education Amendments of 1972 prohibits gender discrimination. Although pregnancy has been described as the "quintessential sex difference," Title IX's prohibition of gender discrimination in the context of parenting and pregnant students has often been left out of the discussion, and therefore the understanding, of the implementation of Title IX Regulations. The scholarship discussing the topic shows general agreement that the language and spirit of Title IX has not been given effect thus far by our schools or by some courts. This Article begins by looking to the Title IX regulations themselves and then to the research …