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Beyond The Zero-Sum Game: Toward Title Vii Protection For Intergroup Solidarity, Noah D. Zatz

Indiana Law Journal

No abstract provided.

The Irrational Turn In Employment Discrimination Law: Slouching Toward A Unified Approach To Civil Rights Law, John Valery White

Scholarly Works

This Article argues that the Supreme Court's recent disparate treatment decisions under Title VII of the Civil Rights Act of 1964 represent a trend toward unifying all civil rights law under an approach most closely akin to traditional equity. This trend explains the curious tension between substance and process in the Court's most recent decisions, St. Mary's Honor Center v. Hicks and Reeves v. Sanderson Plumbing. It also explains the Court's uncommon confidence in its yet undefined notions of what constitutes discrimination on the basis of the several protected categories recognized in Title VII and related statutes. The trend toward …

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Telecommuting: The Escher Stairway Of Work/Family Conflict, Michelle A. Travis

Michelle A. Travis

This Article was part of a symposium issue on Law, Labor, and Gender. This interdisciplinary project responds to legal scholars in the work/family conflict field who advocate telecommuting as a way for women to achieve workplace equality. First, the Article uses sociology research to demonstrate that telecommuting sometimes works to exacerbate gender inequality in the workplace, rather than leveling the workplace playing field. Second, the Article explores what role, if any, the law may play in requiring employers to design gender-equalizing telecommuting relationships. By analogizing telecommuting to the historic use of women industrial homeworkers, the Article concludes that targeted homeworking …