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Civil Rights

William R. Corbett

Articles 1 - 12 of 12

Full-Text Articles in Law

Of Babies, Bathwater, And Throwing Out Proof Structures: It Is Not Time To Jettison Mcdonnell Douglas, William Corbett Mar 2014

Of Babies, Bathwater, And Throwing Out Proof Structures: It Is Not Time To Jettison Mcdonnell Douglas, William Corbett

William R. Corbett

No abstract provided.


Of Power And Lies: At The Intersection Of Employment Discrimination And Employment At Will, William Corbett Mar 2014

Of Power And Lies: At The Intersection Of Employment Discrimination And Employment At Will, William Corbett

William R. Corbett

No abstract provided.


Daubert V. Merrell Dow Pharmaceuticals Inc.: Keeping The Gate In Employment Discrimination Cases, William Corbett Mar 2014

Daubert V. Merrell Dow Pharmaceuticals Inc.: Keeping The Gate In Employment Discrimination Cases, William Corbett

William R. Corbett

No abstract provided.


The "Fall" Of Summers, The Rise Of "Pretext Plus," And The Excalating Subordination Of Federal Employment Discrimination Law To Employment At Will: Lessons From Mckennon And Hicks, William Corbett Jan 2014

The "Fall" Of Summers, The Rise Of "Pretext Plus," And The Excalating Subordination Of Federal Employment Discrimination Law To Employment At Will: Lessons From Mckennon And Hicks, William Corbett

William R. Corbett

No abstract provided.


The Need For A Revitalized Common Law Of The Workplace, William Corbett Jun 2013

The Need For A Revitalized Common Law Of The Workplace, William Corbett

William R. Corbett

No abstract provided.


An Allegory Of The Cave And The Desert Palace, William R. Corbett May 2013

An Allegory Of The Cave And The Desert Palace, William R. Corbett

William R. Corbett

No abstract provided.


Faragher, Ellerth, And The Federal Law Of Vicarious Liability For Sexual Harassment By Supervisors: Something Lost, Something Gained, And Something To Guard Against, William Corbett May 2013

Faragher, Ellerth, And The Federal Law Of Vicarious Liability For Sexual Harassment By Supervisors: Something Lost, Something Gained, And Something To Guard Against, William Corbett

William R. Corbett

In this Essay, the author faces his nightmare exam question: he must define "sexual harassment" to the satisfaction of several potential graders with different perspectives on sexual harassment law. His valiant effort to justify his response leads him to a discussion of the federal law of vicarious liability for sexual harassment by supervisors after the Supreme Court's recent rejection of tort law respondeat superior analysis for such claims under Title VII. The author argues that, while the rejection of the tort standard for vicarious liability in Title VII claims removes the longstanding connection between Title VII law and state tort …


The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William Corbett May 2013

The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William Corbett

William R. Corbett

No abstract provided.


Mcdonnell Douglas, 1973-2003: May You Rest In Peace?, William Corbett May 2013

Mcdonnell Douglas, 1973-2003: May You Rest In Peace?, William Corbett

William R. Corbett

No abstract provided.


Hotness Discrimination: Appearance Discrimination As A Mirror For Reflecting On The Body Of Employment Discrimination Law, William R. Corbett Jan 2013

Hotness Discrimination: Appearance Discrimination As A Mirror For Reflecting On The Body Of Employment Discrimination Law, William R. Corbett

William R. Corbett

This essay considers the topic of appearance-based employment discrimination. The essay introduces the topic by juxtaposing the “hot” story of the summer, the bank employee who claims that she was fired for “being too hot,” with Professor Deborah Rhode’s recently published book, The Beauty Bias: The Injustice of Appearance in Life and Law. In the essay, I argue that although appearance discrimination is one of the most common forms of discrimination in employment and other areas of life and generally is regarded as at least unfair and perhaps immoral, neither federal nor many state employment discrimination laws will be amended …


Fixing Employment Discrimination Law, William Corbett Jan 2013

Fixing Employment Discrimination Law, William Corbett

William R. Corbett

Employment discrimination law in the United States is "broken." The proof structures that are used to analyze claims,rule on motions, and instruct juries are fraught with crucial uncertainties. The state of disrepair is so bad that lawyers and judges do not know how to analyze any given case. It is time for Congress to repair the proof structures through legislation, and it is a propitious time to do so. This article proposes the repairs that Congress should enact.


Hotness Discrimination: Appearance Discrimination As A Mirror For Reflecting On The Body Of Employment Discrimination Law, William R. Corbett Jun 2010

Hotness Discrimination: Appearance Discrimination As A Mirror For Reflecting On The Body Of Employment Discrimination Law, William R. Corbett

William R. Corbett

Abstract for Hotness Discrimination: Appearance Discrimination as a Mirror for Reflecting on the Body of Employment Discrimination Law William R. Corbett This essay considers the topic of appearance-based employment discrimination. The essay introduces the topic by juxtaposing the “hot” story of the summer, the bank employee who claims that she was fired for “being too hot,” with Professor Deborah Rhode’s recently published book, The Beauty Bias: The Injustice of Appearance in Life and Law. In the essay, I argue that although appearance discrimination is one of the most common forms of discrimination in employment and other areas of life and …