Law Commons^™

The Supreme Court Chipping Away At Title Vii: Strengthening It Or Killing It?, Henry L. Chambers Jr.

Louisiana Law Review

The article discusses Title VII of the 1964 Civil Rights Act. It mentions that Title VII focuses on giving equal opportunity in the workplace which enables individuals to rise or fall depending on their talent. It adds that Title VII restricts covered employers from discriminating employee's terms, conditions, or privileges of compensation or employment due to an employee's race or national origin.

“A Stone Of Hope”: The Civil Rights Act Of 1964 And Its Impact On The Economic Status Of Black Americans, Jenny Bourne

Louisiana Law Review

The article offers the author's insights regarding the Civil Rights Act of 1964 in the U.S. and its effect on African American's economic status. Topics discussed by the author include the Fair Employment Practices Commission (FEPC), significance of Title VII in the improvement of African American's experience in labor market, and segregation. Also mentioned are the earnings, unemployment, and education African American men.

Commissioner V. Schleier: An Approach For Interpreting The Exclusion Under I.R.C. Section 104 (A)(2) Of Awards Or Settlements In Federal Employment Discrimination Claims, Andrew M. Wright

Notre Dame Law Review

No abstract provided.

Retaliation In An Eeo World, Deborah L. Brake

Indiana Law Journal

This Article examines how the prevalence of internal policies and complaint procedures for addressing discrimination in the workplace are affecting legal protections from retaliation. Retaliation has been an unusually active field of law lately. The Supreme Court’s heightened interest in taking retaliation cases in recent years has highlighted the central importance of retaliation protections to the integrity of discrimination law. The Court’s string of plaintiff victories in retaliation cases has earned it the reputation as a pragmatic, pro-employee Court when it comes to retaliation law. However, this view does not account for the proliferation and influence of employer EEO policies …

Implicit Bias In Judicial Performance Evaluations: We Must Do Better Than This, Rebecca D. Gill

Political Science Faculty Research

Judicial performance evaluations (JPEs) are a critical part of selecting judges, especially in states using merit-based selection systems. This article shows empirical evidence that gender and race bias still exist in attorney surveys conducted in accordance with the ABA’s Guidelines. This systematic bias is related to a more general problem with the design and implementation of JPE surveys, which results in predictable problems with the reliability and validity of the information obtained through these survey instruments. This analysis raises questions about the validity and reliability of the JPE. This is a particularly poor outcome, as it means that we are …

Retaining Color, Veronica Root

Faculty Scholarship

It is no secret that large law firms are struggling in their efforts to retain attorneys of color. This is despite two decades of aggressive tracking of demographic rates, mandates from clients to improve demographic diversity, and the implementation of a variety of diversity efforts within large law firms. In part, law firm retention efforts are stymied by the reality that elite, large law firms require some level of attrition to function properly under the predominant business model. This reality, however, does not explain why firms have so much difficulty retaining attorneys of color—in particular black and Hispanic attorneys.

And …

Title Vii At 50: Contemporary Challenges For U.S. Employment Discrimination Law, Trina Jones

Faculty Scholarship

No abstract provided.

Single And Childfree! Reassessing Parental And Marital Status Discrimination, Trina Jones

Faculty Scholarship

No abstract provided.

Tennessee’S Unique Religious Protections In Employment: Do They Mean What They Say?, Waverly D. Crenshaw Jr., Brian A. Pierce

Belmont Law Review

Tennessee has a long history of strongly held and diverse religious beliefs and practices. Equally firmly established is its “at-will” employment rule that allows businesses to create and control their workforces to maximize operations and profits to the benefit of employers and employees. When an employee’s religious beliefs conflict with his obligations to his employer, state and federal laws resolve the tension. Employees who experience this tension and feel they have been discriminated against based on their religion generally have the choice to bring their claims of discrimination under federal law, state law, or both. Because claims under federal law …