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Journal

Labor and Employment Law

Maurer School of Law: Indiana University

Discrimination

Articles 1 - 12 of 12

Full-Text Articles in Law

Ministerial Employees And Discrimination Without Remedy, Charlotte Garden Jul 2022

Ministerial Employees And Discrimination Without Remedy, Charlotte Garden

Indiana Law Journal

The Supreme Court first addressed the ministerial exemption in a 2012 case, Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. The ministerial exemption is a defense that religious employers can invoke in discrimination cases brought by employees who qualify as “ministerial,” and it is rooted in the First Amendment principle that government cannot interfere in a church’s choice of minister. However, Hosanna-Tabor did not set out a test to determine which employees are covered by this exemption, and the decision was susceptible to a reading that the category was narrow. In 2020, the Court again took up the ministerial exemption, …


Title Vii And The Unenvisaged Case: Is Anti-Lgbtq Discrimination Unlawful Sex Discrimination, Ronald Turner Jan 2020

Title Vii And The Unenvisaged Case: Is Anti-Lgbtq Discrimination Unlawful Sex Discrimination, Ronald Turner

Indiana Law Journal

As discussed herein, courts and individual judges recognizing or not finding actionable Title VII anti-LGBTQ14 claims have offered different rationales in support of their conflicting positions, including three justifications discussed in this project: (1) the meaning of Title VII’s “because of sex” prohibition, (2) the Supreme Court’s and circuit courts’ construction of the “because of sex” provision in the context of sex stereotyping and gender nonconformity discrimination as applied to the anti- LGBTQ question, and (3) associational discrimination theory. Claim-recognizing jurists have looked to Title VII’s text, Supreme Court and circuit court precedent, and the views of the Equal Employment …


An Unreasonable Application Of A Reasonable Standard: Title Vii And Sexual Orientation Retaliation, Jorden Colalella Jun 2013

An Unreasonable Application Of A Reasonable Standard: Title Vii And Sexual Orientation Retaliation, Jorden Colalella

Indiana Journal of Law and Social Equality

No abstract provided.


Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer Jun 2013

Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer

Indiana Journal of Law and Social Equality

No abstract provided.


Beyond Labor Law: Private Initiatives To Promote Employee Freedom Of Association In The Obama Era, William Gould Iv Jan 2012

Beyond Labor Law: Private Initiatives To Promote Employee Freedom Of Association In The Obama Era, William Gould Iv

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.


Beyond The Zero-Sum Game: Toward Title Vii Protection For Intergroup Solidarity, Noah D. Zatz Jan 2002

Beyond The Zero-Sum Game: Toward Title Vii Protection For Intergroup Solidarity, Noah D. Zatz

Indiana Law Journal

No abstract provided.


Discrimination As Accident, Amy L. Wax Oct 1999

Discrimination As Accident, Amy L. Wax

Indiana Law Journal

No abstract provided.


Response To Professor Wax: Discrimination As Accident: Old Whine, New Bottle, Michael Selmi Oct 1999

Response To Professor Wax: Discrimination As Accident: Old Whine, New Bottle, Michael Selmi

Indiana Law Journal

No abstract provided.


In Defense Of Disparate Impact Analysis Under Title Vii: A Reply To Dr. Cohn, Elaine W. Shoben Apr 1980

In Defense Of Disparate Impact Analysis Under Title Vii: A Reply To Dr. Cohn, Elaine W. Shoben

Indiana Law Journal

No abstract provided.


On The Use Of Statistics In Employment Discrimination Cases, Richard M. Cohn Apr 1980

On The Use Of Statistics In Employment Discrimination Cases, Richard M. Cohn

Indiana Law Journal

No abstract provided.


Title Vii And Postjudgment Class Actions, John F. Crawford Jan 1972

Title Vii And Postjudgment Class Actions, John F. Crawford

Indiana Law Journal

No abstract provided.


Teacher Tenure Contracts-Discrimination Against Married Women Teachers Dec 1937

Teacher Tenure Contracts-Discrimination Against Married Women Teachers

Indiana Law Journal

No abstract provided.