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Full-Text Articles in Law
Climate Discrimination, Duane Rudolph
Climate Discrimination, Duane Rudolph
Catholic University Law Review
This Article focuses on the coming legal plight of workers in the United States, who will likely face discrimination as they search for work outside their home states. The Article takes for granted that climate change will have forced those workers across state and international boundaries, a reality dramatically witnessed in the United States during the Dust Bowl of the 1930s. During that environmental emergency (and the devastation it wrought), workers were forced across boundaries only to be violently discriminated against upon arrival in their new domiciles. Such discrimination is likely to recur, and it will threaten the livelihoods of …
Transparency And Reliance In Antidiscrimination Law, Steven L. Willborn
Transparency And Reliance In Antidiscrimination Law, Steven L. Willborn
Catholic University Law Review
All antidiscrimination laws have two structural features – transparency and reliance – that are important, even central, to their design, but have gone largely unnoticed. On transparency, some laws, like the recent salary-ban laws, attempt to prevent the employer from learning about the disfavored factor on the theory that an employer cannot rely on an unknown factor. Other laws require publication of the disfavored factor, such as salary, on the theory that it is harder to discriminate in the sunlight. Still other laws are somewhere between these two extremes. The Americans with Disabilities Act, for example, limits but does not …
Split Over Sex: Federal Circuits And Executive Agencies Split Over Sexual Orientation Discrimination Under Title Vii, Darria Turner
Split Over Sex: Federal Circuits And Executive Agencies Split Over Sexual Orientation Discrimination Under Title Vii, Darria Turner
Catholic University Law Review
Title VII of the Civil Rights Act of 1964 expressly prohibits employment discrimination on the basis of an individual’s sex. Since its enactment, neither Congress nor the Supreme Court has definitively stated whether sex discrimination based on sexual orientation is protected under Title VII. Though the judicial interpretation of sex has evolved, courts have routinely held that the protections of Title VII do not extend to claims based on sexual orientation discrimination. As three circuits faced these claims, a split was created in the circuits as well as in the two agencies tasked with the enforcement of Title VII. This …
Analytical Nightmare: The Materially Adverse Action Requirement In Disparate Treatment Cases, Esperanza N. Sanchez
Analytical Nightmare: The Materially Adverse Action Requirement In Disparate Treatment Cases, Esperanza N. Sanchez
Catholic University Law Review
Title VII of the Civil Rights Act of 1964 expressly prohibits employment discrimination on the basis of an individual’s race, color, religion, sex, or national origin. Since its passage, however, federal courts have imported an adverse employment action requirement into Title VII jurisprudence despite its absence from the statutory language. Inconsistent determinations as to which employment actions qualify as sufficiently adverse under Title VII have resulted in an analytical confusion, yielding anemic anti-discrimination protections that, in effect, shelter invidious employment practices from liability. This Note argues that the anti-discrimination jurisprudence surrounding the adverse action requirement diametrically opposes both the letter …