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Full-Text Articles in Law
Sex Trait Discrimination: Intersex People And Title Vii After Bostock V. Clayton County, Sam Parry
Sex Trait Discrimination: Intersex People And Title Vii After Bostock V. Clayton County, Sam Parry
Washington Law Review
Title VII of the Civil Rights Act of 1964 protects employees from workplace discrimination and harassment on account of sex. Courts have historically failed to extend Title VII protections to LGBTQ+ people. However, in 2020, the U.S. Supreme Court decision in Bostock v. Clayton County changed this. Bostock explicitly extended Title VII’s protections against workplace discrimination to “homosexual” and “transgender” people, reasoning that it is impossible to discriminate against an employee for being gay or transgender without taking the employee’s sex into account. While Bostock is a win for LGBTQ+ rights, the opinion leaves several questions unanswered. The reasoning in …
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.
A Positive Right To Free Labor, Rebecca E. Zietlow
A Positive Right To Free Labor, Rebecca E. Zietlow
Seattle University Law Review
This Article seeks to resurrect a lost thread in our civil rights tradition: the idea that workers have a positive right to free labor. A positive right to free labor includes the right to work for a living wage free of undue coercion and free from discrimination based on immutable characteristics. Not merely the negative guarantee against the state’s infringement on individual equality and liberty, a positive right to free labor is immediately enforceable against state and private parties. A positive right to free labor is rooted in the Thirteenth Amendment of the Constitution, which prohibits slavery and involuntary servitude …
Qualified Immunity For “Private” § 1983 Defendants After Filarsky V. Delia, Andrew W. Weis
Qualified Immunity For “Private” § 1983 Defendants After Filarsky V. Delia, Andrew W. Weis
Georgia State University Law Review
In 2012, the Supreme Court addressed private party qualified immunity in the case of Filarsky v. Delia. There, the Court found that both the historical and policy bases for immunity under § 1983 supported extending qualified immunity to outside counsel retained by a municipality. The Court noted that full-time government employees can always seek qualified immunity, so not extending it to individuals employed on some other basis would create “significant line-drawing problems . . . [which could] deprive state actors of the ability to ‘reasonably anticipate when their conduct may give rise to liability . . . .’”
This …
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Indiana Journal of Law and Social Equality
No abstract provided.
Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy
Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy
Pepperdine Law Review
No abstract provided.
Sexual Harassment Of Employees By Non-Employees: When Does The Employer Become Liable?, Robert J. Aalberts, Lorne H. Seidman
Sexual Harassment Of Employees By Non-Employees: When Does The Employer Become Liable?, Robert J. Aalberts, Lorne H. Seidman
Pepperdine Law Review
No abstract provided.
The Dismantling Of Mcdonnell Douglas V. Green: The High Court Muddies The Evidentiary Waters In Circumstantial Discrimination Cases, Melissa A. Essary
The Dismantling Of Mcdonnell Douglas V. Green: The High Court Muddies The Evidentiary Waters In Circumstantial Discrimination Cases, Melissa A. Essary
Pepperdine Law Review
No abstract provided.
Making Up Women: Casinos, Cosmetics, And Title Vii, David B. Cruz
Making Up Women: Casinos, Cosmetics, And Title Vii, David B. Cruz
Nevada Law Journal
No abstract provided.
Strengthening Title Vii: 1997-1998 Sexual Harassment Jurisprudence, Elizabeth D. Evans
Strengthening Title Vii: 1997-1998 Sexual Harassment Jurisprudence, Elizabeth D. Evans
William & Mary Bill of Rights Journal
No abstract provided.
Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky
Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky
William & Mary Bill of Rights Journal
The Supreme Court has taken an inconsistent approach to allowing vicarious liability under major civil rights statutes. In recent cases, the Court has permitted qualified vicarious liability for supervisors' sexual harassment under Title VII, but rejected vicarious liability under Title IX. Earlier, the Court rejected vicarious liability for local governments sued under Section 1983. In this Article, Professors Fisk and Chemerinsky describe the Court's inconsistent approaches and argue that they cannot bejustfied by the text or legislative history of these statutes. Professors Fisk and Chemerinsky argue that each of these statutes is meant to achieve the same purpose, deterring civil …
The Ada And The Nlra: Balancing Individual And Collective Rights, Robert A. Dubault
The Ada And The Nlra: Balancing Individual And Collective Rights, Robert A. Dubault
Indiana Law Journal
No abstract provided.
Civil Rights - Employment Discrimination - Section 1981 Cannot Invalidate Facially Neutral Seniority Systems Preserved By Title Vii Under Teamsters, John B. Wright Ii
Civil Rights - Employment Discrimination - Section 1981 Cannot Invalidate Facially Neutral Seniority Systems Preserved By Title Vii Under Teamsters, John B. Wright Ii
Villanova Law Review
No abstract provided.
Affirmative Action And The Harvard College Diversity-Discretion Model: Paradigm Or Pretext?, Alan M. Dershowitz, Laura Hanft
Affirmative Action And The Harvard College Diversity-Discretion Model: Paradigm Or Pretext?, Alan M. Dershowitz, Laura Hanft
Cardozo Law Review
No abstract provided.
Civil Rights - Employment Discrimination - Employer May Establish Voluntary Affirmative Action Program Within Area Of Discretion Granted By Title Vii, Penny Tannenbaum
Civil Rights - Employment Discrimination - Employer May Establish Voluntary Affirmative Action Program Within Area Of Discretion Granted By Title Vii, Penny Tannenbaum
Villanova Law Review
No abstract provided.
United States V. City Of Chicago: Impact Standard Applicable To State And Local Governments Under Title Vii, Lydia C. Taylor, Francis C. Bagbey
United States V. City Of Chicago: Impact Standard Applicable To State And Local Governments Under Title Vii, Lydia C. Taylor, Francis C. Bagbey
William & Mary Law Review
No abstract provided.
Civil Rights - Title Vii - Statutes Of Limitations - Eeoc Enforcement Actions Not Subject To Any Time Limitation, Steven D. Mclamb
Civil Rights - Title Vii - Statutes Of Limitations - Eeoc Enforcement Actions Not Subject To Any Time Limitation, Steven D. Mclamb
Villanova Law Review
No abstract provided.
The Numbers Game - The Use And Misuse Of Statistics In Civil Rights Litigation, Marcy M. Hallock
The Numbers Game - The Use And Misuse Of Statistics In Civil Rights Litigation, Marcy M. Hallock
Villanova Law Review
No abstract provided.
Primary And Secondary Characteristics In Discrimination Cases, Richard Marshall Abrams
Primary And Secondary Characteristics In Discrimination Cases, Richard Marshall Abrams
Villanova Law Review
No abstract provided.
Burton V. Cascade School District: Failure To Recognize The Need For A Right To Reinstatement Following An Unconstitutional Teacher Dismissal
William & Mary Law Review
No abstract provided.
The Dilemma Of The Professoriate, Matthew W. Finkin
The Dilemma Of The Professoriate, Matthew W. Finkin
Villanova Law Review
No abstract provided.
Discriminatory Hiring Practices Due To Arrest Records - Private Remedies, Baldo M. Carnecchia Jr.
Discriminatory Hiring Practices Due To Arrest Records - Private Remedies, Baldo M. Carnecchia Jr.
Villanova Law Review
No abstract provided.
Title Vii In The Federal Courts - Private Or Public Law, Robert J. Affeldt
Title Vii In The Federal Courts - Private Or Public Law, Robert J. Affeldt
Villanova Law Review
No abstract provided.
Labor Democracy In America: The Impact Of Titles I & (And) Iv Of The Landrum-Griffin Act, Robert L. Berchem
Labor Democracy In America: The Impact Of Titles I & (And) Iv Of The Landrum-Griffin Act, Robert L. Berchem
Villanova Law Review
No abstract provided.