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Articles 1 - 6 of 6
Full-Text Articles in Law
Colorism: A Darker Shade Of Pale, Taunya Lovell Banks
Colorism: A Darker Shade Of Pale, Taunya Lovell Banks
Faculty Scholarship
In this article, Professor Banks argues that colorism, skin tone discrimination against dark-skinned but not light-skinned blacks, constitutes a form of race-based discrimination. Skin tone discrimination coexists with more traditional forms of race discrimination that impact all blacks without regard to skin tone and phenotype, yet courts seem unwilling to recognize this point. Professor Banks uses employment discrimination cases to illustrate some courts' willingness to acknowledge subtler forms of race-based discrimination, like skin tone discrimination, for white ethnic and Latina/o plaintiffs, but not for black plaintiffs. The inability of courts to fashion coherent approaches to colorism claims involving black claimants …
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Touro Law Review
No abstract provided.
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Scholarly Works
In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There was an …
The Employment Law Decisions Of The October 1999 Term Of The Supreme Court: Review And Analysis, Ann C. Hodges
The Employment Law Decisions Of The October 1999 Term Of The Supreme Court: Review And Analysis, Ann C. Hodges
Law Faculty Publications
The five employment law cases decided by the Supreme Court during the October 1999 Term bring to nineteen the total number of significant employment law cases decided by the Court during the last three terms. The October 1997 Term cases were marked by primary focus on employer liability, under Title VII of the Civil Rights Act of 1964, for sexual harassment by supervisors. Primary focus during the 1998 Term was on disability discrimination under the Americans with Disabilities Act of 1990 (ADA) and on the constitutionality of actions brought by private parties against states under the Fair Labor Standards Act …
¡Viva La Evolución!: Recognizing Unconscious Motive In Title Vii, Ann C. Mcginley
¡Viva La Evolución!: Recognizing Unconscious Motive In Title Vii, Ann C. Mcginley
Scholarly Works
This article analyzes the different proof mechanisms developed under Title VII discriminatory treatment doctrine, demonstrating their ability to identify unconscious, as well as conscious, discriminatory behavior. It demonstrates that soon after its enactment Title VII began to evolve, expanding its reach to unconscious discrimination. Although in many instances courts were unaware of this expansion, courts appear to have followed their intuition to further the broad remedial and preventive purposes of the statute. In response to the evolution and to the courts' failure to articulate a justification for their decisions, a counter-evolution is currently occurring, with many courts attempting rigidly to …
Employment Discrimination In Higher Education, Oren R. Griffin, Thomas P. Hustoles
Employment Discrimination In Higher Education, Oren R. Griffin, Thomas P. Hustoles
Articles, Chapters in Books and Other Contributions to Scholarly Works
During 1999, the most significant development in employment discrimination law involving colleges and universities, by a large margin, was a series of cases affirming that Eleventh Amendment immunity from private money damage claims brought pursuant to various federal employment discrimination statutes applied to state colleges and universities. This development eventually culminated in the Supreme Court's year 2000 decision in Kimel v. Florida Board of Regents.' Numerous other interesting decisions were rendered that, although not creating any bold new law, either affirmed trends in past cases, or illustrated important practical implications for generally predicting judicial outcomes given certain fact patterns. After …