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Civil Rights and Discrimination Commons

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Articles 1 - 16 of 16

Full-Text Articles in Civil Rights and Discrimination

Title Ix And Title Vii: Parallel Remedies In Combatting Sex Discrimination In Educational Employment, Lynn Ridgeway Zehrt Mar 2019

Title Ix And Title Vii: Parallel Remedies In Combatting Sex Discrimination In Educational Employment, Lynn Ridgeway Zehrt

Marquette Law Review

The federal circuit courts of appeals are divided over the proper relationship between Title IX of the Higher Education Amendments Act of 1972 and Title VII of the Civil Rights Act of 1964. Specifically, the federal courts disagree over whether an employee of an educational institution may sue her employer for employment discrimination under either Title IX or Title VII. Some courts have concluded that these employees may not bring employment discrimination claims under Title IX, holding that Title VII provides the sole avenue for obtaining monetary relief for employment discrimination against educational institutions. Other courts have reached the opposite …


Comment: Microchipping Employees And Privacy Implications - Does My Boss Know Where I Am Right Now?, Samuel E. Simpson Jan 2019

Comment: Microchipping Employees And Privacy Implications - Does My Boss Know Where I Am Right Now?, Samuel E. Simpson

Marquette Benefits and Social Welfare Law Review

Existing law surrounding employee privacy does not adequately address privacy concerns raised by microchip programs. A handful of states have passed laws that prohibit mandatory employee microchipping programs, but the vast majority have not passed any preventative legislation. In states that have passed laws, the limited protections that do exist fail to address a wide range of issues that have not yet come up in the context of employer-provided technology. This comment will briefly overview employee privacy law to highlight some of the issues that will arise if the law remains untouched. Then, it will propose solutions that would serve …


The Teachers' Strike Of 2018 In Historical Perspective, Joseph Slater Jan 2019

The Teachers' Strike Of 2018 In Historical Perspective, Joseph Slater

Marquette Benefits and Social Welfare Law Review

No abstract provided.


Where The Law Ends - Part 1: M&G Polymers V. Tackett And Cnh Industrial V. Reese - Federal Labor Policy, The Interpretation Of Collective Bargaining Agreements, And The Failure Of Stare Decisis, Roger J. Mcclow Jan 2019

Where The Law Ends - Part 1: M&G; Polymers V. Tackett And Cnh Industrial V. Reese - Federal Labor Policy, The Interpretation Of Collective Bargaining Agreements, And The Failure Of Stare Decisis, Roger J. Mcclow

Marquette Benefits and Social Welfare Law Review

No abstract provided.


Sign Or Else: Employment Arbitration In The Wake Of An Epic Decision, Brendan Williams Jan 2019

Sign Or Else: Employment Arbitration In The Wake Of An Epic Decision, Brendan Williams

Marquette Benefits and Social Welfare Law Review

No abstract provided.


Foreward: Wedding Cakes, Religion, And Sexual Orientation Discrimination, Paul M. Secunda Jan 2018

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

Marquette Benefits and Social Welfare Law Review

No abstract provided.


The Logic Of Speech And Religion Rights In The Public Workplace, Scott R. Bauries Jan 2018

The Logic Of Speech And Religion Rights In The Public Workplace, Scott R. Bauries

Marquette Benefits and Social Welfare Law Review

No abstract provided.


A Prescription For Teaching The Law Of Reasonable Religious And Disability Accommodation, Kerri Lynn Stone Jan 2018

A Prescription For Teaching The Law Of Reasonable Religious And Disability Accommodation, Kerri Lynn Stone

Marquette Benefits and Social Welfare Law Review

No abstract provided.


Comment: Unconstitutional Accountability In The Department Of Veterans Affairs, Ian Pomplin Jan 2018

Comment: Unconstitutional Accountability In The Department Of Veterans Affairs, Ian Pomplin

Marquette Benefits and Social Welfare Law Review

The Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017, Pub. L. No. 115-41, 131 Stat. 862 (2017), was enacted into law on June 23, 2017, in an effort to reform a troubled government agency that has had the media shine a spotlight on its abuses and waste. This new law significantly lowers the standard of evidence to take adverse actions against federal employees at the Department of Veterans Affairs, overrides collective bargaining agreements, and greatly shortens notice and response time periods that are constitutionally guaranteed. This comment will discuss the history of due process in federal employment, …


Table Of Contents Jan 2018

Table Of Contents

Marquette Benefits and Social Welfare Law Review

No abstract provided.


No Cake For You: Discrimination, Dignity, And Refusals To Serve, William D. Araiza Jan 2018

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 Jan 2018

The Growing Gender/Religion Divide, Marcia L. Mccormick

Marquette Benefits and Social Welfare Law Review

No abstract provided.


Comment: Queer Womyn Of Color And Employment Discrimination Law In Wisconsin - Does Wisconsin Law Do Enough To Lift Anxiety?, Amber Lara Jan 2018

Comment: Queer Womyn Of Color And Employment Discrimination Law In Wisconsin - Does Wisconsin Law Do Enough To Lift Anxiety?, Amber Lara

Marquette Benefits and Social Welfare Law Review

America's current leadership appears to actively seek out ways to isolate and oppress those who do not identify as cis-gender white heterosexual males. The purpose of this comment is to help readers understand the issues queer womyn of color face interacting with society on a daily basis. This comment will outline the harmful expectations of assimilation and how failure to assimilate may make these womyn targets in their work environments. This comment will also compare the handling of employment discrimination under Title VII and Wisconsin law and determine whether Wisconsin law in practice actually affords queer womyn of color more …


Essay: Understanding Employment Discrimination Litigation In China Through The Notion Of "Rights Apathy", Sheera Chan, Mimi Zou Jan 2016

Essay: Understanding Employment Discrimination Litigation In China Through The Notion Of "Rights Apathy", Sheera Chan, Mimi Zou

Marquette Benefits and Social Welfare Law Review

The psycho-legal concept of “rights apathy” is developed in

this Essay as an underlying factor of the very low rate of

incidence of workplace discrimination lawsuits filed in China,

despite an increasingly elaborate legal framework “on paper”

and workers’ rising awareness of their legal rights under

anti-discrimination laws. “Rights apathy” is underpinned by the

notions of “frustration” and “learned helplessness,” depicting the

indifference of workers in exercising their legal rights before a

tribunal or court. A number of institutional problems, namely

defects in existing anti-discrimination provisions, judicial

practices, and contradictions in other laws, policies, and

practices, can contribute to the …


Table Of Contents Jan 2015

Table Of Contents

Marquette Benefits and Social Welfare Law Review

No abstract provided.


Employment Discrimination Against Ex-Offenders: The Promise And Limits Of Title Vii Disparate Impact Theory, Tammy R. Pettinato Jan 2014

Employment Discrimination Against Ex-Offenders: The Promise And Limits Of Title Vii Disparate Impact Theory, Tammy R. Pettinato

Marquette Law Review

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