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Understanding Mixed Motives Claims Under The Civil Rights Act Of 1991: An Analysis Of Intentional Discrimination Claims Based On Sex-Stereotyped Interview Questions, Heather K. Gerken
Understanding Mixed Motives Claims Under The Civil Rights Act Of 1991: An Analysis Of Intentional Discrimination Claims Based On Sex-Stereotyped Interview Questions, Heather K. Gerken
Michigan Law Review
This Note analyzes the Civil Rights Act of 1991 and relevant case law to determine whether posing sex-stereotyped interview questions is actionable conduct under Title VII. It questions whether proof of discrimination during a phase in the hiring process, specifically during the interview stage, supports a Title VII claim without other independent evidence that the hiring decision was discriminatory. Part I explains that the circuit courts have envisioned the impact of discrimination during the hiring process differently and, as a result, are divided in determining whether sex-stereotyped interview questions are actionable under Title VII. Part II examines the legislative history …
Structures Of Subordination: Women Of Color At The Intersection Of Title Vii And The Nlra. Not!, Elizabeth M. Iglesias
Structures Of Subordination: Women Of Color At The Intersection Of Title Vii And The Nlra. Not!, Elizabeth M. Iglesias
Articles
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Liberty Vs. Equality: In Defense Of Privileged White Males, Nancy E. Dowd
Liberty Vs. Equality: In Defense Of Privileged White Males, Nancy E. Dowd
UF Law Faculty Publications
In this book review, Professor Dowd reviews Forbidden Grounds: The Case Against Employment Discrimination Laws, by Richard A. Epstein (1992). First, Professor Dowd sets forth the thesis and arguments of Epstein’s book and explores her general criticisms in more detail. Next, she explores Epstein’s core argument pitting liberty against equality from two perspectives: that of the privileged white male and that of minorities and women. Finally, Professor Dowd argues that Epstein’s position cannot be viewed as an argument that most minorities or women would make, as it fails to take account of their stories.