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Full-Text Articles in Law
Turning Title Vii's Protection Against Retaliation Into A Never-Fulfilled Promise, Jessica L. Beeler
Turning Title Vii's Protection Against Retaliation Into A Never-Fulfilled Promise, Jessica L. Beeler
Golden Gate University Law Review
Part I also explains the varied standards that were previously used when deciding what constitutes an adverse employer action and how the Supreme Court's recent decision in Burlington Northern resolved a split among the circuits. In Burlington Northern, the Supreme Court adopted a deterrence test to define adverse employer actions, which means the employer action must be harmful to the point that it would deter a reasonable employee of complaining of discrimination. Part II analyzes the actual effects of this decision, focusing in particular on DeHart. It shows how DeHart misapplied the deterrence standard by focusing on whether the employer …
When Does Discrimination "Occur?": The Supreme Court's Limitation On An Employee's Ability To Challenge Discriminatory Pay Under Title Vii, Kara M. Farina
When Does Discrimination "Occur?": The Supreme Court's Limitation On An Employee's Ability To Challenge Discriminatory Pay Under Title Vii, Kara M. Farina
Golden Gate University Law Review
This Comment contends that the Court's holding in Ledbetter marks a substantial deviation from the purpose of Title VII - to rectify past and prevent future workplace discrimination and provide a remedy for economically injured employees-and thereby weakens the prohibition against discrimination in the workplace. The Court's failure to consider the hidden nature of discriminatory pay claims significantly limits employees' ability to challenge disparate pay under Title VII. This comment asserts that discrimination "occurs" with each paycheck that delivers discriminatorily low pay.
Making-Up Conditions Of Employment: The Unequal Burdens Test As A Flawed Mode Of Analysis In Jespersen V. Harrah's Operating Co., Megan Kelly
Golden Gate University Law Review
Part I of this Note reviews Title VII and foundational caselaw, including cases regarding sex discrimination and appearance standards. Part II examines the Ninth Circuit's Jespersen opinion. Part III compares the Supreme Court decision in Price Waterhouse v. Hopkins, which expanded Title VII protection to include gender stereotyping, with the Jespersen holding. Part III also explores a Seventh Circuit case, Carroll v. Talman Federal Savings and Loan Association of Chicago, and Judge Thomas's dissent in Jespersen, which both argue for inclusion of less tangible factors such as gender stereotyping in the unequal burdens test. Part III finally contends that the …
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 …
Toward A Future Of Enforcement: A Critique Of The Ninth Circuit's Invalidation Of Mandatory Arbitration Agreements In Employment Contracts, Kerri Bandics
Golden Gate University Law Review
This Comment focuses on mandatory pre-dispute arbitration agreements that prospective employees must sign in order to be hired, or even considered, for a given position. Growing numbers of employers are implementing mandatory arbitration programs to resolve workplace disputes in response to recent case law upholding the enforceability of arbitration agreements. Employers may present arbitration agreements in employment contracts, employment handbooks, or in job applications. This Comment posits that while arbitration is an efficient method of adjudicating many claims, mandatory arbitration agreements in employment contracts are potentially unfair to employees for three reasons. These three concerns arise because employers typically control …
Environmental Justice Enforcement Requires Reassessment Under The Equal Protection Clause, Title Vi Of The Civil Rights Act, And Environmental Statutes, Kenneth Owen
Golden Gate University Law Review
This article will suggest what is required to prevail under the purposeful discrimination standard under the Equal Protection Clause and Title VI of the Civil Rights Act of 1964. Interestingly, no equal protection environmental justice case or Title VI action has been presented to a jury charged with determining the factual issue of intent. The author will next explore the possibility of winning environmental justice cases under the citizen suit provisions that are part of most environmental statutes. Lastly, the author will suggest arguments to possible defenses that might be raised by defendants.
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 …
Considering Hybrid Sex And Age Discrimination Claims By Women: Examining Approaches To Pleading And Analysis - A Pragmatic Model, Sabina F. Crocette
Considering Hybrid Sex And Age Discrimination Claims By Women: Examining Approaches To Pleading And Analysis - A Pragmatic Model, Sabina F. Crocette
Golden Gate University Law Review
This Comment examines two ways in which the legal system does not adequately consider older women's claims of discrimination. The issues are presented in two conceptual groupings. The first grouping discusses how barriers to the recognition of hybrid age and sex discrimination claims are created when courts do not analyze the evidence of discrimination together as evidence of discrimination against "older women." Often, courts analyze hybrid claims of age and sex discrimination separately under Title VII and the ADEA, even when the evidence of discrimination points to a hybrid claim involving discrimination directed at a subset of a protected group, …
Divinity Vs. Discrimination: Curtailing The Divine Reach Of Church Authority, Whitney Ellenby
Divinity Vs. Discrimination: Curtailing The Divine Reach Of Church Authority, Whitney Ellenby
Golden Gate University Law Review
Church authority to practice gender discrimination in employment decisions represents the collision of principles of religious liberty on one hand, and the need to eradicate invidious discrimination on the other. In order to secure the free exercise of religion, the First Amendment prohibits legislation which interferes with or significantly abridges religious belief or conduct. To the extent that employment decisions represent the extension of religious belief, churches have a strong claim of immunity from judicial review of their decisions. Title VII of the Civil Rights Act of 1964 thus exempts religious entities from civil liability when their discriminatory conduct is …
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.
Constitutional Law, Jeff Kirk, Robert E. Kroll, James D. Fisher, Jacqueline Martinez
Constitutional Law, Jeff Kirk, Robert E. Kroll, James D. Fisher, Jacqueline Martinez
Golden Gate University Law Review
No abstract provided.
Equal Pay For Comparable Worth, Jolie Lipsig
Equal Pay For Comparable Worth, Jolie Lipsig
Golden Gate University Law Review
This Comment will briefly trace the history of job segregation from colonial America to the present, and explore the relationship between the Equal Pay Act and Title VII in light of the controversial Bennett Amendment. The interpretation of this Amendment, which limits the effect of the Equal Pay Act on Title VII, has lead to arguments both for and against adoption of a comparable worth standard by the courts. A comparison of opinions of the various courts concerning the amendment will follow, focusing on the emerging theory of equal pay for comparable worth. A discussion of different job evaluation techniques …
Constitutional Law, Maxine Salzman, Wayne B. Chew
Constitutional Law, Maxine Salzman, Wayne B. Chew
Golden Gate University Law Review
No abstract provided.
Title Vi And The Warren County Protests, Bradford Mank
Title Vi And The Warren County Protests, Bradford Mank
Golden Gate University Environmental Law Journal
One part of the 1982 civil rights struggle against building a Polychlorinated Biphenyls (“PCB”) landfill in Warren County, North Carolina, was an unsuccessful suit by the National Association for the Advancement of Colored People (“NAACP”) under Title VI of the 1964 Civil Rights Act . The NAACP alleged that the state of North Carolina, a recipient of United States Environmental Protection Agency (“EPA” or “the Agency”) funds, had discriminated against minorities by building the landfill in Warren County, which had the highest percentage of minorities among all the counties in the state, while ignoring several alternative suitable or superior sites …