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Full-Text Articles in Law
Title Vii Works - That's Why We Don't Like It, Chuck Henson
Title Vii Works - That's Why We Don't Like It, Chuck Henson
Faculty Publications
In response to the universal belief that Title VII of the Civil Rights Act of 1964 is not fulfilling its purpose, this Article presents a different perspective on the reality of this federal employment discrimination law. Title VII is fulfilling the purpose of the Congress that created it. The purpose was not the eradication of all discrimination in employment. The purpose was to balance the prohibition of the most obvious forms of discrimination with the preservation of as much employer decision-making latitude as possible. Moreover, the seminal Supreme Court decision, McDonnell Douglas v. Green, accurately implemented this balance. This Article …
The Twelve-Year-Old Girl's Lawsuit That Changed America: The Continuing Impact Of Now V. Little League Baseball, Inc. At 40, Douglas E. Abrams
The Twelve-Year-Old Girl's Lawsuit That Changed America: The Continuing Impact Of Now V. Little League Baseball, Inc. At 40, Douglas E. Abrams
Faculty Publications
In 1972, Little League's national office forced 12-year-old Maria Pepe off her Hoboken (N.J.) team because "[g]irls are not eligible." The New Jersey Division on Civil Rights sustained her gender discrimination claim in 1973, and the courts upheld the administrative decision a year later.
National reaction to Maria Pepe's courageous insistence on gender equity helped sustain the evolution in gender roles that had accelerated since the Women's Movement of the 1960s. Her landmark legal action also likely influenced the Supreme Court's gradual movement toward intermediate scrutiny of gender discrimination claims; the 1975 federal regulations that assured Title IX of the …