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Articles 1 - 4 of 4

Full-Text Articles in Law

Third Generation Discrimination: The Ripple Effects Of Gender Bias In The Workplace, Catherine Ross Dunham Nov 2017

Third Generation Discrimination: The Ripple Effects Of Gender Bias In The Workplace, Catherine Ross Dunham

Akron Law Review

This Article joins together threads of ongoing conversations regarding implicit bias and gender discrimination. The Article builds on the groundbreaking work of Susan Sturm of Columbia University who developed the theory of second generation gender discrimination, Title VII gender discrimination based on implicit bias, in her article Second Generation Employment Discrimination: A Structural Approach, 101 Colum. L. Rev. 458 (2001). In her article, Sturm developed a theory to pursue Title VII claims where the employment practice at issue is facially-neutral, but the effect of the policy in a bias-based, homogeneous work environment is discriminatory. Since 2001, several high profile …


Speaking Of Workplace Harassment: A First Amendment Push Toward A Status-Blind Statute Regulating "Workplace Bullying", Jessica R. Vartanian Apr 2017

Speaking Of Workplace Harassment: A First Amendment Push Toward A Status-Blind Statute Regulating "Workplace Bullying", Jessica R. Vartanian

Maine Law Review

Title VII of the Civil Rights Act of 1964 makes discrimination in employment unlawful, but only based on certain suspect classes: race, color, religion, sex, and national origin. Courts have interpreted the statute to ban workplace harassment in this same limited fashion, refusing to recognizg harassment claims based on sexual orientation or any other unspecified classification.Although Congress may regulate in this selective manner consistent with equal protection, workplace harassment differs from other forms of discrimination proscribed under Title VII in one very important respect—workplace harassment is often achieved through an array of expression traditionally protected under the First Amendment


Make-Whole Or Make-Short? How Courts Have Misread Title Vii's Limitations Period To Truncate Relief In Eeoc Pattern-Or-Practice Cases, Sara A. Fairchild Jan 2017

Make-Whole Or Make-Short? How Courts Have Misread Title Vii's Limitations Period To Truncate Relief In Eeoc Pattern-Or-Practice Cases, Sara A. Fairchild

American University Law Review

No abstract provided.


The Price Of Price Waterhouse: How Title Vii Reduces The Lives Of Lgbt Americans To Sex And Gender Stereotypes, Drew Culler Jan 2017

The Price Of Price Waterhouse: How Title Vii Reduces The Lives Of Lgbt Americans To Sex And Gender Stereotypes, Drew Culler

American University Journal of Gender, Social Policy & the Law

No abstract provided.