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Full-Text Articles in Law
Customizing The Reasonable-Woman Standard To Fit Emotionally And Financially Disabled Plaintiffs Is Outside The Scope Of The Civil Rights Act's Prohibition On Sex-Based Discrimination: Holly D. V. California Institute Of Technology, Amanda M. Jarratt
Golden Gate University Law Review
Tailoring the reasonable-woman standard to include select disabilities is problematic because employer liability would improperly depend upon the effect that the victim's disability had on the victim's perception, instead of on the agency relationship between the supervisor and the employer. Furthermore, these subjective standards would prevent employers from successfully invoking the reasonable care defense. Using these tailored standards would also result in discriminatory treatment under the law for women who did not qualify for one of these customized standards. Finally, customized standards would sterilize American workplaces. In support of this Comment's assertions against factoring the emotional and financial difficulties of …
Employment Discrimination - Gotthardt V. National Railroad Passenger Corp, Jennifer T. Dewitt
Employment Discrimination - Gotthardt V. National Railroad Passenger Corp, Jennifer T. Dewitt
Golden Gate University Law Review
In Gotthardt v. National Railroad Passenger Corp. the United States Court of Appeals for the Ninth Circuit held that front pay awards in Title VII cases are not subject to the compensatory damages caps stated in 42 U.S.C. § 1981a (b)(3). This was an issue of first impression in the Ninth Circuit. Other circuits had decided the issue and were split. The Ninth Circuit joined the majority of the federal circuits in holding that front pay awards are not subject to the section 1981a caps.
Defining Employer Liability: Toward A Precise Application Of Agency Principles In Title Vii Sexual Harassment Cases, Jennifer T. Dewitt
Defining Employer Liability: Toward A Precise Application Of Agency Principles In Title Vii Sexual Harassment Cases, Jennifer T. Dewitt
Golden Gate University Law Review
This note discusses applicable principles and law in sexual harassment cases, including Title VII, Equal Employment Opportunity Commission Guidelines, agency principles, and case law that illustrate two primary approaches taken by the courts in determining the standard for employer liability. This section also discusses relevant portions of the first Supreme Court case to address sexual harassment under Title VII. Section III discusses the facts that gave rise to EIlerth's sexual harassment claims. Section IV discusses the procedural history of Ellerth's case, including the district court's decision, the decision of the Seventh Circuit panel that heard Ellerth's appeal and the en …
Radtke V. Everett: An Analysis Of The Michigan Supreme Court's Rejection Of The Reasonable Woman/Victim Standard: Treating Perspectives That Are Different As Though They Were Exactly Alike, Paul P. Dumont
Golden Gate University Law Review
This comment will discuss both the history of sexual harassment and the evolution of the reasonable woman standard in order to illustrate society's progress toward defining appropriate conduct in the work environment. Parts III- IV will present the Radtke court's argument rejecting the reasonable woman standard in favor of the reasonable person standard. Part V invokes feminist theory to critique the premises upon which the Radtke rationale is based.
Survey: Women And California Law
Survey: Women And California Law
Golden Gate University Law Review
No abstract provided.
Three Perspectives On Workplace Harassment Of Women Of Color, Maria L. Ontiveros
Three Perspectives On Workplace Harassment Of Women Of Color, Maria L. Ontiveros
Golden Gate University Law Review
In this address, I suggest a framework for understanding the ways in which issues of race and culture play a pivotal role in what we have thought of as "sexual harassment." This framework views an incident of workplace harassment from the perspectives of the three key players: the harasser, the victim and the judicial system. From the viewpoint of the harasser, women of color appear to be less powerful, less likely to complain, and the embodiment of particular notions of sexuality. From the perspective of the women, attitudes in their community and lessons learned in their culture may make it …
Civil Rights - Evolution Of The Hostile Workplace Claim Under Title Vii: Only Sensitive Men Need Apply, Sheryl Hahn
Civil Rights - Evolution Of The Hostile Workplace Claim Under Title Vii: Only Sensitive Men Need Apply, Sheryl Hahn
Golden Gate University Law Review
No abstract provided.
Survey: Woman And California Law, Amy C. Hirschkron, Michele M. Feher, Te Jung Chang
Survey: Woman And California Law, Amy C. Hirschkron, Michele M. Feher, Te Jung Chang
Golden Gate University Law Review
This survey of California, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.
Meritor Savings Bank V. Vinson: Title Vii Liability For Sexual Harassment, Suzanne Egan
Meritor Savings Bank V. Vinson: Title Vii Liability For Sexual Harassment, Suzanne Egan
Golden Gate University Law Review
In Meritor Savings Bank v. Vinson,! the United States Supreme Court addressed the issue of sexual harassment for the first time. The Court held that when sexual harassment creates a hostile or offensive working environment, it is actionable under Title VII of the Civil Rights Act of 1964. The Court interpreted Title VII as demonstrating a congressional intent to preserve the economic, psychological and emotional benefits of employment. This interpretation has been advanced by the Equal Employment Opportunity Commission (EEOC) and in lower court opinions. The Supreme Court rejected the District of Columbia Circuit Court of Appeals ruling that an …
Survey: Women And California Law, Linda C. Kramer, T. A. Graudin, Donna Cobe Beekman, Kathy A. Alfieri
Survey: Women And California Law, Linda C. Kramer, T. A. Graudin, Donna Cobe Beekman, Kathy A. Alfieri
Golden Gate University Law Review
This survey of California law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A briefanalysis of the issues pertinent to women raised in each case is provided.
Women Prisoners: Freedom From Sexual Harassment - A Constitutional Analysis, Laurie A. Hanson
Women Prisoners: Freedom From Sexual Harassment - A Constitutional Analysis, Laurie A. Hanson
Golden Gate University Law Review
Sexual harassment of female inmates by male guards permeates American prisons because the imbalance of power between the guard and the prisoner allows and encourages it to exist. Sexual harassment in prison is not a series of isolated incidents; rather, it is so much a part of the power structure that it is almost invisible. There are few reported cases of sexual harassment of women prisoners. Until recently sexual harassment, even outside the prison, went unnoticed. Also, if a prisoner reports sexual abuse, the prison administration will generally blame the prisoner, or deny the accusation, but only occasionally fire the …
Job-Related Sexual Harassment And Union Women: What Are Their Rights?, Barbara M. White
Job-Related Sexual Harassment And Union Women: What Are Their Rights?, Barbara M. White
Golden Gate University Law Review
No abstract provided.
Sexual Harassment In The Workplace: A Practitioner's Guide To Tort Actions, Alice Montgomery
Sexual Harassment In The Workplace: A Practitioner's Guide To Tort Actions, Alice Montgomery
Golden Gate University Law Review
No abstract provided.