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The Strange Career Of Title Vii's § 703(M): An Essay On The Unfulfilled Promise Of The Civil Rights Act Of 1991, Jeffrey A. Van Detta
The Strange Career Of Title Vii's § 703(M): An Essay On The Unfulfilled Promise Of The Civil Rights Act Of 1991, Jeffrey A. Van Detta
St. John's Law Review
(Excerpt)
The 1991 CRA, then, held great promise when it responded to the provocation of Price Waterhouse v. Hopkins to address a larger problem—the problem that Francis Vaas identified in 1966. However, the often-invoked canon of statutory construction—start and stop with the text unless it is necessary to go to the legislative history to figure out what an ambiguous text means—has been tossed to the side, and the contextual history of overruling Price Waterhouse has been invoked by normally textualist judges who refuse to believe that Congress actually meant what it wrote. It is upon that sobering reality that we …
Why Title Vii's Participation Clause Needs To Be Broadly Interpreted To Protect Those Involved In Internal Investigations, May M. Mansour
Why Title Vii's Participation Clause Needs To Be Broadly Interpreted To Protect Those Involved In Internal Investigations, May M. Mansour
St. John's Law Review
(Excerpt)
This Note argues that this narrow interpretation of the statute is contrary to the intention and aim of Title VII and, in turn, should be interpreted more broadly. Part I of this Note gives a brief explanation of the meaning and purpose of Title VII's anti-retaliation provision. Part II focuses on some of the cases that have limited the application of the participation clause to employees who are involved in formal EEOC proceedings. In particular, it focuses on the most recent Second Circuit case, Townsend v. Benjamin Enterprises, Inc., to examine the dangers presented by such a limited …