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Full-Text Articles in Law
Title Vii And The Unenvisaged Case: Is Anti-Lgbtq Discrimination Unlawful Sex Discrimination, Ronald Turner
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 …
Rethinking Employment Discrimination Harms, Jessica Roberts
Rethinking Employment Discrimination Harms, Jessica Roberts
Indiana Law Journal
Establishing harm is essential to many legal claims. This Article urges the law to adopt a more expansive notion of the harms of employment discrimination to better reflect the cognitive functions of individuals who face discrimination. While the effect of implicit bias on the mental state of potential discriminators is well-worn territory in antidiscrimination scholarship, little has been written about a sister theory: stereotype threat. More than a decade’s worth of social psychology research indicates that when a person is conscious of her membership in a particular group and the group is the subject of a widely recognized stereotype, that …
An Unreasonable Application Of A Reasonable Standard: Title Vii And Sexual Orientation Retaliation, Jorden Colalella
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
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Indiana Journal of Law and Social Equality
No abstract provided.
Beyond The Zero-Sum Game: Toward Title Vii Protection For Intergroup Solidarity, Noah D. Zatz
Beyond The Zero-Sum Game: Toward Title Vii Protection For Intergroup Solidarity, Noah D. Zatz
Indiana Law Journal
No abstract provided.
Discrimination, Deceit, And Legal Decoys: The Diversion Of After-Acquired Evidence And The Focus Restored By Mckennon V. Nashville Banner Publishing Company, Elissa J. Preheim
Discrimination, Deceit, And Legal Decoys: The Diversion Of After-Acquired Evidence And The Focus Restored By Mckennon V. Nashville Banner Publishing Company, Elissa J. Preheim
Indiana Law Journal
No abstract provided.
Can Collyer And Gardner-Denver - Co-Exist? A Postscript, Julius G. Getman
Can Collyer And Gardner-Denver - Co-Exist? A Postscript, Julius G. Getman
Indiana Law Journal
No abstract provided.
Title Vii And Postjudgment Class Actions, John F. Crawford
Title Vii And Postjudgment Class Actions, John F. Crawford
Indiana Law Journal
No abstract provided.