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Full-Text Articles in Law
Introduction (Unequal: How America's Courts Undermine Discrimination Law), Sandra F. Sperino, Suja A. Thomas
Introduction (Unequal: How America's Courts Undermine Discrimination Law), Sandra F. Sperino, Suja A. Thomas
Faculty Articles and Other Publications
This is chapter 1 of Sandra F. Sperino and Suja A. Thomas, Unequal: How America's Courts Undermine Discrimination Law (2017)
Retaliation And The Reasonable Person, Sandra F. Sperino
Retaliation And The Reasonable Person, Sandra F. Sperino
Faculty Articles and Other Publications
When a worker complains about discrimination, federal law is supposed to protect that worker from later retaliation. Recent scholarly attention focuses on how courts limit retaliation claims by narrowly framing the causation inquiry. A larger threat to retaliation law is developing in the lower courts. Courts are declaring a wide swath of conduct as insufficiently serious to constitute retaliation.
Many courts hold that it is legal for an employer to threaten to fire a worker, to place the worker on administrative leave, or to negatively evaluate the worker because she complained about discriminatory conduct. Even if the worker has evidence …
Using § 1983 To Enforce Title Vi's Section 602 Regulations, Bradford Mank
Using § 1983 To Enforce Title Vi's Section 602 Regulations, Bradford Mank
Faculty Articles and Other Publications
This Article examines the circumstances under which § 1983 suits may be used to enforce agency regulations in general, and Title VI's disparate impact regulations in particular.