Law Commons^™

Lilly Ledbetter, Take Two: The Lilly Ledbetter Fair Pay Act Of 2009 And The Discovery Rule's Place In The Pay Discrimination Puzzle, Nancy Zisk

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

How The New Economics Can Improve Employment Discrimination Law, And How Economics Can Survive The Demise Of The "Rational Actor", Scott A. Moss, Peter H. Huang

William & Mary Law Review

Much employment discrimination law is premised on a purely money-focused "reasonable" employee, the sort who can be made whole with damages equal to lost wages, and who does not hesitate to challenge workplace discrimination. This type of "rational" actor populated older economic models but has been since modified by behavioral economics and research on happiness. Behavioral and traditional economists alike have analyzed broad employment policies, such as the wisdom of discrimination statutes, but the devil is in the details of employment law. On the critical damages-and liability issues the Supreme Court and litigators face regularly, the law essentially ignores the …

Height Discrimination In Employment, Isaac B. Rosenberg

W&M Law Student Publications

This Article looks critically at heightism, i.e., prejudice or discrimination against a person on the basis of his or her height. Although much scholarship has focused on other forms of trait-based discrimination—most notably weight and appearance discrimination, both of which indirectly involve height as a component—little has focused on “pure” height discrimination. Nevertheless, within the past five years courts, scholars, and legislatures have increasingly tackled these non-traditional forms of discrimination. As such, this Article endeavors to fill the gap in the existing scholarship.

This Article specifically focuses on heightism in the workplace, with an emphasis on prejudice against short people …

Transforming Transsexual And Transgender Rights, L. Camille Hebert

William & Mary Journal of Race, Gender, and Social Justice

State and federal employment anti-discrimination statutes have failed to adequately protect transsexual and transgendered individuals in the workplace. Although advancements have been made in recent years regarding the protection of sexual minorities, transsexual and transgendered employees continue to receive sporadic and noncomprehensive protection. Various approaches have been taken to extend protection against discrimination to these individuals, including the utilization of disability protection statutes, the expansion of anti-discrimination statutes, and the protection of transsexual and transgendered individuals as a class; however, these approaches have proven flawed in providing adequate protection.

An examination of anti-discrimination law shows that these measures, while perhaps …

Diversity And Discrimination: A Look At Complex Bias, Minna J. Kotkin

William & Mary Law Review

Multiple claims have become a fixture of employment discrimination litigation. It is common, if not ubiquitous, for court opinions to begin with a version of the following litany: 'Plaintiff brings this action under Title VII and the ADEA for race, age, and gender discrimination. "Equal Employment Opportunity Commission (EEOC) statistics show exponential growth in multiple claims in part because its intake procedures lead claimants to describe their multiple identities, at a time when they have little basis upon which to parse a specific category of bias. But increased diversity in workplace demographics suggests that frequently, disparate treatment may in fact …

Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne

Faculty Publications

No abstract provided.

On Lilly Ledbetter's Liberty: Why Equal Pay For Equal Work Remains An Elusive Reality, Katie Putnam

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.