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Articles 1 - 15 of 15
Full-Text Articles in Law
Vive La Difference? A Critical Analysis Of The Justification Of Sex-Dependent Workplace Restrictions On Dress And Grooming, Patrick S. Shin
Vive La Difference? A Critical Analysis Of The Justification Of Sex-Dependent Workplace Restrictions On Dress And Grooming, Patrick S. Shin
Suffolk University Law School Faculty Works
How is it possible that sex-specific workplace dress and appearance codes do not constitute sex discrimination? I argue in this article that the general doctrines of employment discrimination law do not themselves provide a principled basis for distinguishing sex-dependent workplace dress codes from other kinds of policies that would clearly count as sex discrimination, and that supplementary strategies that courts have used to carve out dress and grooming codes as an area of separate concern are either inconclusive or question-begging. I then consider whether the courts' seemingly sui generis approach to sex-dependent restrictions on dress and grooming can be justified …
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
Duke Law Journal
Following Title VII's enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination that defined a group's social identity was also sufficient legally to bind members together, even when relief had to be issued individually. Woven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely disadvantaged persons …
Moving Past Hippies And Harassment: A Historical Approach To Sex, Appearance, And The Workplace, Erica Williamson
Moving Past Hippies And Harassment: A Historical Approach To Sex, Appearance, And The Workplace, Erica Williamson
Duke Law Journal
No abstract provided.
A National Model For Reconciling Equal Protection For Same-Sex Couples With State Marriage Amendments: Alaska Civil Liberties Union Ex Rel. Carter V. Alaska, Eric J. Lobsinger
A National Model For Reconciling Equal Protection For Same-Sex Couples With State Marriage Amendments: Alaska Civil Liberties Union Ex Rel. Carter V. Alaska, Eric J. Lobsinger
Alaska Law Review
No abstract provided.
Pregnancy & Policing: Are They Compatible?, Karen J. Kruger
Pregnancy & Policing: Are They Compatible?, Karen J. Kruger
ExpressO
A paper advocating that law enforcement agencies provide adequate accommodations and legal protections to women officers who become pregnant.
Victimizing The Abused?: Is Termination The Solution When Domestic Violence Comes To Work?, Nicole Buonocore Porter
Victimizing The Abused?: Is Termination The Solution When Domestic Violence Comes To Work?, Nicole Buonocore Porter
Michigan Journal of Gender & Law
Part I of this article will discuss domestic violence, explaining the dynamics of domestic violence in an effort to shed light on why it is so difficult for a battered woman to leave the abusive relationship. This understanding is necessary for a sensitive and informed decision-making process. This Part will also discuss the magnitude of the effect that domestic violence has on the workplace. Part II will discuss a company's potential legal liability for: (a) wrongfully terminating the employee-victim and (b) failing to protect other employees (including, perhaps, the employee-victim herself) if the company does not terminate the employee-victim and …
Constitutional Lessons For The Next Generation Of Public Single-Sex Elementary And Secondary Schools, Kimberly J. Robinson
Constitutional Lessons For The Next Generation Of Public Single-Sex Elementary And Secondary Schools, Kimberly J. Robinson
Law Faculty Publications
Single-sex public elementary and secondary schools are making a comeback. School districts are structuring these schools in a variety of ways, including by providing a single-sex public school for only one sex or by offering single-sex schools for both sexes. These disparate structures of single-sex schools create distinct potential harms, risks, and benefits for students. This Article contends that the constitutional framework applied to single-sex schools should be systematically modified to recognize the different potential harms, risks, and benefits of these single-sex schools in a manner that will create optimal conditions for creating single-sex public schools. The proposed modifications address …
Rhetorical Holy War: Polygamy, Homosexuality, And The Paradox Of Community And Autonomy, Gregory C. Pinfree
Rhetorical Holy War: Polygamy, Homosexuality, And The Paradox Of Community And Autonomy, Gregory C. Pinfree
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Indirect Sex Discrimination-A View From Across The Pond, Joanna Wade
Indirect Sex Discrimination-A View From Across The Pond, Joanna Wade
University of San Francisco Law Review
This Article explores the differences and similarities between the UK's Sex Discrimination Act and the US's Title VII, with regard to using these statutes to eliminate forms of indirect sex discrimination.
Sex Discrimination In The Labor Market, Joni Hersch
Sex Discrimination In The Labor Market, Joni Hersch
Vanderbilt Law School Faculty Publications
This paper examines sources of gender pay disparity and the factors that contribute to this pay gap. Many researchers question the role of discrimination and instead attribute the residual pay gap to gender differences in preferences. The main issue considered in this paper is whether gender differences in choices, especially with respect to the family and household, are indeed responsible for the gender pay gap, or whether discrimination plays a role. On balance, the evidence indicates that sex discrimination remains a possible explanation of the unexplained gender pay gap. This is consistent with the continuing high profile sex discrimination litigation …
Fact-Finding As A Lawmaking Tool For Advancing Women's Human Rights, Tamar Ezer, Susan Deller Ross
Fact-Finding As A Lawmaking Tool For Advancing Women's Human Rights, Tamar Ezer, Susan Deller Ross
Articles
No abstract provided.
Is The Price Of Victory Just: Attorney's Fees, Punitive Damages, And The Future Of Title Ix In Mercer V. Duke University, Sabrina Bosse
Is The Price Of Victory Just: Attorney's Fees, Punitive Damages, And The Future Of Title Ix In Mercer V. Duke University, Sabrina Bosse
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
The Man, The State And You: The Role Of The State In Regulating Gender Hierarchies, Meredith Render
The Man, The State And You: The Role Of The State In Regulating Gender Hierarchies, Meredith Render
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer
Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer
Articles
No abstract provided.
Discrimination Cases In The October 2004 Term, Eileen Kaufman
Discrimination Cases In The October 2004 Term, Eileen Kaufman
Scholarly Works
No abstract provided.