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Civil Rights and Discrimination

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Notre Dame Law School

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Narrowing The Trapdoor Of The Government Employee Rights Act, Henry Leaman Dec 2019

Narrowing The Trapdoor Of The Government Employee Rights Act, Henry Leaman

Notre Dame Law Review

We should revisit what protections are available to these state workers and push for reforms that further sexual equality. One way to do so is to decrease the size of Title VII’s trapdoor. This Note aims to fight sexual harassment in politics by advocating for a narrower understanding of the trapdoor, such that more plaintiffs are eligible to bring Title VII actions rather than Government Employee Rights Act of 1991 (GERA) actions. Specifically, this Note explains why the “personal staff” trapdoor should be narrowed and then provides a method for how to do so—by settling a circuit split on the …