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Full-Text Articles in Law
Hostile Environment Sexual Harassment & First Amendment Content-Neutrality: Putting The Supreme Court On The Right Path, Peter Caldwell
Hostile Environment Sexual Harassment & First Amendment Content-Neutrality: Putting The Supreme Court On The Right Path, Peter Caldwell
Hofstra Labor & Employment Law Journal
No abstract provided.
Faragher V. City Of Boca Raton: A Personal Account Of A Sexual Discrimination Plaintiff, Beth Ann Faragher
Faragher V. City Of Boca Raton: A Personal Account Of A Sexual Discrimination Plaintiff, Beth Ann Faragher
Hofstra Labor & Employment Law Journal
Former Supreme Court plaintiff Beth Ann Faragher ruminates on the circumstances that led to the Supreme Court's landmark decision in Faragher v. City of Boca Raton. For Ms. Faragher, the case was about much more than the monetary issue involved, specifically whether she should have been awarded $1.00 under Title VII. The case became, in her words, "a national issue of human dignity and civil rights."
Making Title Vii Law And Policy: The Supreme Court's Sexual Harassment Jursiprudence, Ronald Turner
Making Title Vii Law And Policy: The Supreme Court's Sexual Harassment Jursiprudence, Ronald Turner
Hofstra Labor & Employment Law Journal
Professor Turner's article focuses on judicial lawmaking and policy-making in an important area of antidiscrimination law - the statutory prohibition of workplace sexual harassment found in Title VII. The article highlights the ways in which the Supreme Court's interpretation and application of Title VII's ban on sex discrimination are contrary to, and fly in the face of the judges-should-make-no-law axiom.
Workplace Harassment: A Proposal For A Bright Line Test Consistent With The First Amendment, Debra D. Burke
Workplace Harassment: A Proposal For A Bright Line Test Consistent With The First Amendment, Debra D. Burke
Hofstra Labor & Employment Law Journal
No abstract provided.
Same-Sex Harassment: Do Either Price Waterhouse Or Oncale Support The Ninth Circuit's Holding In Nichols V. Azteca Restaurant Enterprises, Inc. That Same-Sex Harassment Based On Failure To Conform To Gender Stereotyopes Is Actionable?, Philip Mcgough
Hofstra Labor & Employment Law Journal
In Nichols v. Azteca Restaurant Enterprises, the Ninth Circuit, overruling a twenty-two year old case, held that same-sex harassment based on gender stereotypes is actionable under Title VII. The court based this holding on the Supreme Court's 1989 opinion in Price Waterhouse v. Hopkins. However reasonable a reading of Title VII, the author argues that Nichols takes a major step beyond Hopkins, and resolves an issue not considered, even by implication, in the case. Further, same-sex harassment based on gender stereotypes is an issue sidestepped by the Supreme Court in Oncale - its only opinion to date dealing with same-sex …
The Disparate Impact Hostile Environment Claim: Sexual Harassment Scholarship At A Crossroads, Robert A. Kearney
The Disparate Impact Hostile Environment Claim: Sexual Harassment Scholarship At A Crossroads, Robert A. Kearney
Hofstra Labor & Employment Law Journal
No abstract provided.