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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 …
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 …
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.
Constitutional Law, Maxine Salzman, Wayne B. Chew
Constitutional Law, Maxine Salzman, Wayne B. Chew
Golden Gate University Law Review
No abstract provided.