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Full-Text Articles in Law
Data-Driven Discrimination At Work, Pauline T. Kim
Data-Driven Discrimination At Work, Pauline T. Kim
William & Mary Law Review
A data revolution is transforming the workplace. Employers are increasingly relying on algorithms to decide who gets interviewed, hired, or promoted. Although data algorithms can help to avoid biased human decision-making, they also risk introducing new sources of bias. Algorithms built on inaccurate, biased, or unrepresentative data can produce outcomes biased along lines of race, sex, or other protected characteristics. Data mining techniques may cause employment decisions to be based on correlations rather than causal relationships; they may obscure the basis on which employment decisions are made; and they may further exacerbate inequality because error detection is limited and feedback …
Mitigating The Impact Of Title Vii's New Retaliation Standard: The Americans With Disabilities Act After University Of Texas Southwestern Medical Center V. Nassar, August T. Johannsen
Mitigating The Impact Of Title Vii's New Retaliation Standard: The Americans With Disabilities Act After University Of Texas Southwestern Medical Center V. Nassar, August T. Johannsen
William & Mary Law Review
No abstract provided.
Disability Cause Lawyers, Michael E. Waterstone, Michael Ashley Stein, David B. Wilkins
Disability Cause Lawyers, Michael E. Waterstone, Michael Ashley Stein, David B. Wilkins
William & Mary Law Review
There is a vast and growing cause lawyering literature demonstrating how attorneys and their relationship to social justice movements matter greatly for law’s ability to engender progress. But to date, there has been no examination of the work of ADA disability cause lawyers as cause lawyers. Similarly, despite an extensive literature focused on the ADA’s revolutionary civil rights aspects and the manner in which the Supreme Court’s interpretation of that statute has stymied potential transformation of American society, no academic accounts of disability law have focused on the lawyers who bring these cases. This Article responds to these scholarly voids. …
Disparate Impact Realism, Amy L. Wax
How The New Economics Can Improve Employment Discrimination Law, And How Economics Can Survive The Demise Of The "Rational Actor", Scott A. Moss, Peter H. Huang
How The New Economics Can Improve Employment Discrimination Law, And How Economics Can Survive The Demise Of The "Rational Actor", Scott A. Moss, Peter H. Huang
William & Mary Law Review
Much employment discrimination law is premised on a purely money-focused "reasonable" employee, the sort who can be made whole with damages equal to lost wages, and who does not hesitate to challenge workplace discrimination. This type of "rational" actor populated older economic models but has been since modified by behavioral economics and research on happiness. Behavioral and traditional economists alike have analyzed broad employment policies, such as the wisdom of discrimination statutes, but the devil is in the details of employment law. On the critical damages-and liability issues the Supreme Court and litigators face regularly, the law essentially ignores the …
Diversity And Discrimination: A Look At Complex Bias, Minna J. Kotkin
Diversity And Discrimination: A Look At Complex Bias, Minna J. Kotkin
William & Mary Law Review
Multiple claims have become a fixture of employment discrimination litigation. It is common, if not ubiquitous, for court opinions to begin with a version of the following litany: 'Plaintiff brings this action under Title VII and the ADEA for race, age, and gender discrimination. "Equal Employment Opportunity Commission (EEOC) statistics show exponential growth in multiple claims in part because its intake procedures lead claimants to describe their multiple identities, at a time when they have little basis upon which to parse a specific category of bias. But increased diversity in workplace demographics suggests that frequently, disparate treatment may in fact …
The Failure Of Punitive Damages In Employment Discrimination Cases: A Call For Change, Joseph A. Seiner
The Failure Of Punitive Damages In Employment Discrimination Cases: A Call For Change, Joseph A. Seiner
William & Mary Law Review
Punitive damages were described by one early court as "an unsightly and an unhealthy excrescence." Although views toward punitive relief have changed over the years, the debate over the availability of exemplary damages in the judicial system has remained controversial. No place is that controversy more aptly demonstrated than in employment discrimination law, where punitive damages first became available in an amendment to Title VII of the Civil Rights Act of 1964 after a bitter congressional debate. Almost a decade ago, in Kolstad v. American Dental Association, the Supreme Court provided guidance on how punitive damages should be applied in …
Contributory Disparate Impacts In Employment Discrimination Law, Peter Siegelman
Contributory Disparate Impacts In Employment Discrimination Law, Peter Siegelman
William & Mary Law Review
An employer who adopts a facially neutral employment practice that disqualifies a larger proportion of protected-class applicants than others is liable under a disparate impact theory. Defendants can escape liability if they show that the practice is justified by business necessity. But demonstrating business necessity requires costly validation studies that themselves impose a significant burden on defendants-upwards of $100,000 according to some estimates. This Article argues that an employer should have a defense against disparate impact liability if it can show that protected-class applicants failed to make reasonable efforts to train or prepare for a job related test. That is, …
The Mythic 43 Million Americans With Disabilities, Ruth Colker
The Mythic 43 Million Americans With Disabilities, Ruth Colker
William & Mary Law Review
Although Congress stated in its first statutory finding that it intended the Americans with DisabilitiesA ct (ADA) to protect at least 43 million Americans from disability discrimination, the Supreme Court has interpreted this statute so that it covers no more than 13.5 million Americans. More importantly, this Article demonstrates through the use of Census Bureau data that the ADA's employment discrimination provisions have been eviscerated to the point that the ADA protects virtually no Americans who are both disabled and able to work. This Article places that problem in the larger context of the Court undermining Congress's efforts to protect …
Discrimination And Outrage: The Migration From Civil Rights To Tort Law, Martha Chamallas
Discrimination And Outrage: The Migration From Civil Rights To Tort Law, Martha Chamallas
William & Mary Law Review
It is not always appreciated that proven discrimination on the basis of race or sex may not amount to a tort and that even persistent racial or sexual harassment may not be enough to qualify for tort recovery. This Article explores the question of whether discriminatory and harassing conduct in the workplace is or should be considered outrageous conduct, actionable under the tort of intentional infliction of emotional distress. In recent years, courts have taken radically different approaches to the issue, from holding that such claims are preempted to treating the infliction tort as a reinforcement of civil rights principles. …
Eliminating The Intent Requirement In Constructive Discharge Cases: Pennsylvania State Police V. Suders, Crystal L. Norrick
Eliminating The Intent Requirement In Constructive Discharge Cases: Pennsylvania State Police V. Suders, Crystal L. Norrick
William & Mary Law Review
No abstract provided.
Disparate Impact: Looking Past The Desert Palace Mirage, Charles A. Sullivan
Disparate Impact: Looking Past The Desert Palace Mirage, Charles A. Sullivan
William & Mary Law Review
No abstract provided.
The Americans With Disabilities Act As Welfare Reform, Samuel R. Bagenstos
The Americans With Disabilities Act As Welfare Reform, Samuel R. Bagenstos
William & Mary Law Review
No abstract provided.
A Union Of Formalism And Flexibility: Allowing Employers To Set Their Own Liability Under Federal Employment Discrimination Laws, Darren M. Creasy
A Union Of Formalism And Flexibility: Allowing Employers To Set Their Own Liability Under Federal Employment Discrimination Laws, Darren M. Creasy
William & Mary Law Review
No abstract provided.
Reasonable Accommodation Of Workplace Disabilities, Stewart J. Schwab, Steven L. Willborn
Reasonable Accommodation Of Workplace Disabilities, Stewart J. Schwab, Steven L. Willborn
William & Mary Law Review
No abstract provided.
Disabiling The Ada: Essences, Better Angels, And Unprincipled Neutrality Claims, Aviam Soifer
Disabiling The Ada: Essences, Better Angels, And Unprincipled Neutrality Claims, Aviam Soifer
William & Mary Law Review
No abstract provided.
Modern Discrimination Theory And The National Labor Relations Act, Rebecca Hanner White
Modern Discrimination Theory And The National Labor Relations Act, Rebecca Hanner White
William & Mary Law Review
No abstract provided.
Employing The Alcoholic Under The Americans With Disabilities Act Of 1990, Wendy K. Voss
Employing The Alcoholic Under The Americans With Disabilities Act Of 1990, Wendy K. Voss
William & Mary Law Review
No abstract provided.
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
William & Mary Law Review
No abstract provided.
The Test Of Employee Status: Economic Relations And Title Vii, Nancy E. Dowd
The Test Of Employee Status: Economic Relations And Title Vii, Nancy E. Dowd
William & Mary Law Review
No abstract provided.
United States V. City Of Chicago: Impact Standard Applicable To State And Local Governments Under Title Vii, Lydia C. Taylor, Francis C. Bagbey
United States V. City Of Chicago: Impact Standard Applicable To State And Local Governments Under Title Vii, Lydia C. Taylor, Francis C. Bagbey
William & Mary Law Review
No abstract provided.
Employment Rights Of Handicapped Individuals: Statutory And Judicial Parameters, Toni M. Massaro
Employment Rights Of Handicapped Individuals: Statutory And Judicial Parameters, Toni M. Massaro
William & Mary Law Review
No abstract provided.
Jordan V. North Carolina National Bank: Abrogation Of An Employer's Title Vii Obligation To Accommodate His Employee's Religious Preferences
William & Mary Law Review
No abstract provided.
Employee Opposition To Discriminatory Employment Practices: Protection From Reprisal Under Title Vii, Joseph Kattan
Employee Opposition To Discriminatory Employment Practices: Protection From Reprisal Under Title Vii, Joseph Kattan
William & Mary Law Review
No abstract provided.
Implementation Of Equal Employment Opportunity By The Independent Regulatory Commissions Through The Power To Act In The Public Interest: Two Divergent Views
William & Mary Law Review
No abstract provided.
The Second Decade Of Title Vii: Refinement Of The Remedies
The Second Decade Of Title Vii: Refinement Of The Remedies
William & Mary Law Review
No abstract provided.
Racial Discrimination In Employment And The Remedy Of Self-Help: An Unwarranted Addition
Racial Discrimination In Employment And The Remedy Of Self-Help: An Unwarranted Addition
William & Mary Law Review
No abstract provided.
Deferral To Arbitration In Title Vii Actions: Rios V. Reynolds Metals Company
Deferral To Arbitration In Title Vii Actions: Rios V. Reynolds Metals Company
William & Mary Law Review
No abstract provided.
Constitutional Law - Racial Discrimination In Employment. Griggs V. Duke Power Co., 91 S. Ct. 849 (1971), Natalie C. Gillette
Constitutional Law - Racial Discrimination In Employment. Griggs V. Duke Power Co., 91 S. Ct. 849 (1971), Natalie C. Gillette
William & Mary Law Review
No abstract provided.