Law Commons^™

Does It Pay To Be A Manager? The Significance Of The Manager Rule In Analyzing Retaliation Claims Under Title Vii, Cristina Giappone

St. John's Law Review

(Excerpt)

This Note argues that the manager rule should be applied to Title VII cases but in a new and very specific and detailed context involving a case-by-case analysis, similar to that of the United States Court of Appeals for the Ninth Circuit’s reasoning in Rosenfield v. GlobalTranz Enterprises, Inc. This Note is comprised of three parts. Part I provides the history of Title VII generally, and discusses the emergence of the manager rule in the FLSA context. Part II addresses how different federal circuit courts have either recognized or rejected the manager rule as it applies to retaliation …

The Devil You Don’T Know: Implicit Bias Keeps Women In Their Place, Michele N. Struffolino

Pace Law Review

While men’s claims of gender bias in the family law system are acknowledged, this article focuses on how bias, whether implicit or explicit under the guise of unconscious attitudes or behavior, continues to place women at a systemic disadvantage. Although implicit bias also impacts outcomes in child abuse and neglect actions involving the state, the focus of this article is the impact of implicit bias in actions between women and men in the family courts, in particular those issues involved in the dissolution of the relationship and the family unit. First, the emergence of implicit social cognition theory will be …

Born Free: Toward An Expansive Definition Of Sex, Laura Palk, Shelly Grunsted

Michigan Journal of Gender & Law

The State of New York recently issued its first physician-certified “intersex” birth certificate, correcting a 55-year-old’s original birth certificate. This is a positive step towards eliminating the traditional binary approach to a person’s birth sex, but it creates potential uncertainties in the employment discrimination context. Over the past several years, the definition of what constitutes “discrimination on the basis of sex” has both expanded (with the legalization of same-sex marriage) and narrowed (restricting the use of gender specific bathrooms). Until recently it appeared that a broader definition of the term “sex” would become the judicial—and possibly legislative—norm in a variety …

The Grand Maple Dream: Fulfilled, Fading Or Failed?: Filipino Women Nurses In Manitoba And Their Struggles Against Harassment And Discrimination, Emily Sanchez Salcedo

Center for Business Research and Development

The Philippines is a tiny archipelago in Southeast Asia with over one hundred million people wallowing in a third world economy kept afloat for decades by Overseas Filipino Workers (OFW). In 2017, OFWs collectively sent home cash remittances amounting over $28 billion—roughly $645 million came from Filipinos in Canada. This amount is the eleventh biggest contributor to the Philippine economy (Bangko Sentral ng Pilipinas, 2018).

On the other hand, the Philippines has become the top country for new immigrants to Canada in recent years, surpassing India and China (Friesen, 2018). According to the 2016 Census of Population Program, there are …

The Pregnancy Discrimination Act: Legitimating Discrimination Against Pregnant Women In The Workforce, Judith G. Greenberg

Maine Law Review

The Pregnancy Discrimination Act (PDA) has been effective in making the most egregious and obvious forms of pregnancy discrimination illegal. Unfortunately, the PDA has also acted as a shield behind which employers can hide as they discriminate against their pregnant employees. The result is that the PDA permits discrimination based on the very sort of stereotyping that it was expected to eradicate. There are two dominant stereotypes of pregnant women. Both are inconsistent with the image of a good worker. One stereotype connects pregnant women with the home. In one form or another it says, “Pregnant women are/should be preoccupied …

Pregnancy As A Normal Condition Of Employment: Comparative And Role-Based Accounts Of Discrimination, Reva B. Siegel

William & Mary Law Review

As the Pregnancy Discrimination Act of 1978 (PDA) turns forty, it is time to consider how we define pregnancy discrimination.

In recent years, courts have come to define pregnancy discrimination almost exclusively through comparison. Yet our understanding of discrimination, inside and outside the pregnancy context, depends on judgments about social roles as well as comparison. Both Congress and the Court appealed to social roles in defining the wrongs of pregnancy discrimination. In enacting the PDA, Congress repudiated employment practices premised on the view that motherhood is the end of women’s labor force participation, and affirmed a world in which women …

Disbelief Doctrines, Sandra F. Sperino

Faculty Articles and Other Publications

Employment discrimination law is riddled with doctrines that tell courts to believe employers and not workers. Judges often use these disbelief doctrines to dismiss cases at the summary judgment stage. At times, judges even use them after a jury trial to justify nullifying jury verdicts in favor of workers.

This article brings together many disparate discrimination doctrines and shows how they function as disbelief doctrines, causing courts to believe employers and not workers. The strongest disbelief doctrines include the stray comments doctrine, the same decisionmaker inference, and the same protected class inference. However, these are not the only ones. Even …

Foreward: Wedding Cakes, Religion, And Sexual Orientation Discrimination, Paul M. Secunda

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Lessons From Labor Feminists: Using Collective Action To Improve Conditions For Women Lawyers, Marion Burke

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Feminism And The Tournament, Jessica A. Clarke

Vanderbilt Law School Faculty Publications

Naomi Bishop, the protagonist of the 2016 film "Equity," is the rare "she-wolf of Wall Street."' At the beginning of the film, Bishop appears on a panel at an alumni event. She explains her career choices to the young women in the audience as follows: I like money. I do. I like numbers. I like negotiating. I love a challenge. Turning a no into a yes. But I really do like money. I like knowing that I have it. I grew up in a house where there was never enough. I was raised by a single mom with four kids. …

No Cake For You: Discrimination, Dignity, And Refusals To Serve, William D. Araiza

Marquette Benefits and Social Welfare Law Review

No abstract provided.

The Growing Gender/Religion Divide, Marcia L. Mccormick

Marquette Benefits and Social Welfare Law Review

No abstract provided.