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Full-Text Articles in Law
Discrimination Redefined, Ann. C. Mcginley
Discrimination Redefined, Ann. C. Mcginley
Missouri Law Review
I agree with Professor Martin's premise that it has become increasingly difficult to prove disparate treatment, especially in light of courts' aggressive use of summary judgment. I argue in this essay that the courts' retrenchment in Title VII cases results from a narrow definition of discrimination that focuses on conscious, intentional discrimination. Increasingly social science research demonstrates that much disparate treatment occurs as a result of unconscious biases, but the courts' reluctance to consider this social science has led, in many cases, to a literal, narrow definition of"pretext." Moreover, I posit that the recent Supreme Court case of Ricci v. …
Pretext Without Context, D. Wendy Greene
Pretext Without Context, D. Wendy Greene
Missouri Law Review
First, this response addresses the lower courts' opinions in Ash v. Tyson Foods, Inc., as well as the Supreme Court's per curiam opinion in this case, which espouses a more contextualized analysis of pretext in race-based disparate treatment cases. Next, this response examines Holiness v. MooreHandley, Inc. and the acontextual, colorblind analysis the court applied. Each case illustrates the negative effects of courts analyzing pretext without context at different stages of race discrimination litigation: during post-trial phases in Ash v. Tyson Foods, Inc. and at the summary judgment stage in Holiness v. Moore-Handley, Inc. Ash v. Tyson Foods, Inc. and …
Pretext In Peril, Natasha T. Martin
Pretext In Peril, Natasha T. Martin
Missouri Law Review
This Article addresses the connections among substance, procedure, and equality in the American workplace. Exploring the deepening struggle for plaintifs under Title VII of the Civil Rights Act of 1964, this Article seeks to add clarity to an enduring quandary - why does Title VII fail to combat the prejudicial disparate treatment it was designed to eradicate? This Article offers a critique of the hardships shouldered by plaintiffs in proving contemporary workplace discrimination. Challenging the seemingly unfettered discretion of the courts in evaluating claims of workplace bias, this Article pursues the interplay of procedural and substantive law to expose how …