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Has Wright Line Gone Wrong? Why Pretext Can Be Sufficient To Prove Discrimination Under The National Labor Relations Act,, Michael Hayes
Has Wright Line Gone Wrong? Why Pretext Can Be Sufficient To Prove Discrimination Under The National Labor Relations Act,, Michael Hayes
All Faculty Scholarship
Every year in the United States, thousands of employees are illegally fired for joining or supporting unions. These employees must bring their claims to the National Labor Relations Board (the “Board”), which applies its famous Wright Line standard to decide thousands of discrimination cases each year.
Probably the most common issue in labor discrimination cases is “pretext.” In virtually every case, an employer claims that it fired an employee not for an illegal anti-union motive, but for a legitimate business reason. The pretext issue arises when the evidence shows that the legitimate reason asserted by the employer was most likely …
Colorism: A Darker Shade Of Pale, Taunya Lovell Banks
Colorism: A Darker Shade Of Pale, Taunya Lovell Banks
Faculty Scholarship
In this article, Professor Banks argues that colorism, skin tone discrimination against dark-skinned but not light-skinned blacks, constitutes a form of race-based discrimination. Skin tone discrimination coexists with more traditional forms of race discrimination that impact all blacks without regard to skin tone and phenotype, yet courts seem unwilling to recognize this point. Professor Banks uses employment discrimination cases to illustrate some courts' willingness to acknowledge subtler forms of race-based discrimination, like skin tone discrimination, for white ethnic and Latina/o plaintiffs, but not for black plaintiffs. The inability of courts to fashion coherent approaches to colorism claims involving black claimants …
Employment Discrimination, Stewart J. Schwab
Employment Discrimination, Stewart J. Schwab
Cornell Law Faculty Publications
This article first parses the multiple overlapping definitions of discrimination, including distinctions between group and individual discrimination and between segregation and discrimination in pay. The article then summarizes the major economic models of discrimination, particularly Becker’s taste-for-discrimination model and statistical-discrimination models, as well as sorting the status-production models. The discussion focuses on the conditions under which markets will tend to eliminate discrimination, noting that this occurs in a more limited range of situations than commonly recognized. The article next surveys the economic role of anti-discrimination laws, evaluating arguments that the law speeds the journey to a non-discriminatory equilibrium and that …
En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey M. Monks
En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey M. Monks
Articles
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Exercising The Right To Public Accommodations: The Debate Over Single-Sex Health Clubs, Miriam A. Cherry, Miriam A. Cherry
Exercising The Right To Public Accommodations: The Debate Over Single-Sex Health Clubs, Miriam A. Cherry, Miriam A. Cherry
Faculty Publications
(Excerpt)
Recently, the debate over single-sex health clubs gained national attention when a patent attorney, James Foster, sued for admission to Healthworks, a Massachusetts all-women's health club. One day in 1996, Foster entered the club, which was located close to his Boston condominium, and asked for a tour and an application for membership. The club employees, however, refused him a tour, informing him that Healthworks did not admit men. Shortly thereafter, Foster filed a discrimination claim with the Massachusetts Commission Against Discrimination contending that Healthworks had violated the Massachusetts public accommodations statute. He won at the administrative hearing, and Healthworks …