Civil Rights and Discrimination Commons^™

What Should Law Enforcement Role Be In Addressing Quality Of Life Issues Associated With Section 8 Housing?, D'Andre D. Lampkin

D'Andre Devon Lampkin

The purpose of this research project is to discuss the challenges law enforcement face when attempting to address quality of life issues for residents residing in and around Section 8 federal housing. The paper introduces readers to the purpose of Section 8 housing, the process in which residents choose subsidized housing, and the legal challenges presented when law enforcement agencies are assisting city government to address quality of life issues. For purposes of this research project, studies were sampled to illustrate where law enforcement participation worked and where law enforcement participation leads to unintended legal ramifications.

Stemming The Hobby Lobby Tidal Wave: Why Rfra Challenges To Obama's Executive Order Prohibiting Federal Contractors From Discriminating Against Lgbt Employees Will Not Succeed, Kayla Higgins

Kayla Higgins

On July 21, 2014 President Obama released Executive Order 13672, which expressly aimed to provide for a uniform policy for the Federal Government to prohibit discrimination and take further steps to promote economy and efficiency in Federal Government procurement by prohibiting discrimination based on sexual orientation and gender identity. Some commentators believe that the order “could be the next battleground” for the competing views of religious leaders and liberals when it comes to how to weigh religious liberty against other priorities. However, there are two main reasons why the most recent executive order should not crumble under the Hobby Lobby …

Note: Unpaid Interns & The Practice Of Unprotected Working: Building From A History Of Learning On The Job, Troy D. Warner

Troy D Warner

Student interns are provided protection from gender discrimination and sexual harassment in their student capacity by Title VII of the Civil Rights Act of 1964 (CRA), and as employees by Title IX of the CRA. However unpaid student interns are neither considered students nor employees, and thus slip through the cracks of coverage provided by Titles VII & IX. They are working unprotected by the law from sexual harassment and sexual discrimination. The Department of Labor has two classifications created by regulations, which provide protections to workers not legally employees, just as unpaid interns are not employees.

The Department of …

A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee

Jaimie K. McFarlin

The system of amateur and collegiate basketball in America is flawed, as every year, thousands of young men and women pursue their basketball dreams under the shadow of a multi-million dollar, predatory business model. Integral to telling the history of the NCAA and AAU organizations are recruiting horror stories and other examples of young talents who were taken advantage of by unscrupulous actors, both of which continue today. The commercialization and professionalization of amateur basketball has fed an ecosystem of exploitation in which private actors and institutions capitalize on the American mantra of "amateurism." The European system of amateur athletics …

Cracks In The Shield: The Necessity Of The Employment Non-Discrimination Act, James N. Bolotin

James N Bolotin

This paper argues that legislation protecting homosexuals from employment discrimination is necessary, despite hopeful arguments that the text of Title VII should or can already protect against discrimination based on sexual orientation. The paper discusses how the precedent of the federal courts has gone too far in the wrong direction to believe that they will fix this interpretation problem on their own. Furthermore, it posits that the passage of ENDA or similar legislation will successfully lessen the prevalence of this type of discrimination.

Part I considers the history of Title VII’s “because of sex” protection. This includes a short discussion …

"That Gear Stick Is Not Your Husband's P----." Why The Dissent In Vance V. Ball State University Got It Right, And A Comparison Of The Law Of Employer Vicarious Liability For Sexual Harassment In The United States And South Africa, Justin A. Behravesh

Justin A. Behravesh

This article provides unique critical analysis of the United States Supreme Court's June 2013 decision of Vance v. Ball State University, by comparing that decision to recent South African common law and statutory developments. I argue that Vance's redefinition of what constitutes a "supervisor" for purposes of vicarious liability will have devastating effect on working women in the United States. Ultimately using South African law as a model framework, I conclude that the factors that should trigger vicarious liability should be based on policy concerns, not arbitrary definitions of what constitutes a "supervisor."

Freedmen And Day Laborers: Why Enforcement Matters, Raja Raghunath

Raja Raghunath

As the one hundred and fiftieth anniversary of Emancipation approaches, there is a cautionary lesson for modern workers from the period that followed the abolition of chattel slavery. Reconstruction, after the Civil War, was the moment when the promise of universal liberty to work first became part of the American state’s covenant with its people. But this promise was quickly lost, as the rights that the federal government extended to the freed slaves – the freedmen – were contested and eventually nullified by vehement opposition in the working fields and cities of the South. In this sense, workers’ rights were …

The Necessity Of Expanding Protection From Retaliation For Employees Who Complain About Hostile Environment Harassment, Ernest F. Lidge Iii

Ernest F Lidge III

Employees suffering non-tangible harassing workplace conduct face a hazardous “catch-22.” On the one hand, employment discrimination laws impose significant penalties on employees who fail to report such harassing conduct and important policies require the early reporting of harassment. On the other hand, the employment discrimination laws’ anti-retaliation provisions provide spotty and unpredictable protection to employees who complain about non-tangible harassing conduct. Courts protect an employee who complains about harassing conduct only if the court finds that the employee “reasonably believed” that the complained-of conduct violated the employment discrimination laws. Determining whether harassing conduct is a violation of the law is …

Utilizing Credit Reports For Employment Purposes: Casting A Wider Net Into The Ocean Of Employment Practices Results In Unintended Yet Much Needed Outcomes, David D. Schein, James D. Phillips

David D. Schein

In our previous article, “Holding Credit Reporting Agencies Accountable: How the Financial Crisis May be Contributing to Improving Accuracy in Credit Reporting”[1] we reviewed the legal history of the Fair Credit Reporting Act (FCRA) and its amendments, and the Federal case law by circuit. We suggested that the ability of consumers to ensure the accuracy and security of their credit reports might lead to an expansion of the litigation surrounding accurate credit reporting. This article takes the discussion further by exploring the ever-expanding use of credit reports in the employment law arena. We review the state legislation limiting the use …

Social Framework Studies Such As “Women Don’T Ask” And “It Does Hurt To Ask” Show Us The Next Step Toward Achieving Gender Equality—Eliminating The Long Term Effects Of Implicit Bias—But Are Not Likely To Get Cases Past Summary Judgment, Andrea Doneff

Andrea Doneff

Social Framework evidence has been used for many years to explain how statements or actions indicate discriminatory motive. For example, social framework evidence helps us understand how statements that a woman should dress more femininely or attend charm school near the time of a decision not to offer her partnership demonstrate stereotyped behavior and therefore indicate discriminatory motives for the employment decision. Recent social framework studies show that women often do not negotiate on their own behalf and, when they do, they are perceived negatively by both men and women. Complementary studies show that negative perceptions play out over the …

Stabilizing Low-Wage Work: Legal Remedies For Unpredictable Work Hours & Income Stability, Nantiya Ruan, Charlotte Alexander, Anna Haley-Lock

Nantiya Ruan

Low-wage, hourly-paid service workers are increasingly subject to employers’ “just-in-time” scheduling practices. In a just-in-time model, employers give workers little advance notice of their schedules, call workers in to work during non-scheduled times to meet unexpected customer demand, and send workers home early when business is slow. The federal Fair Labor Standards Act, the main guarantor of workers’ wage and hour rights, provides no remedy for the unpredictable work hours and income instability caused by employers’ last minute call-in and send-home practices. This Article examines two alternative sources of legal protection that have received little attention in the literature on …

The Family Responsibilities Convention Reconsidered: The Work-Family Intersection In International Law Thirty Years On, Lee Adams

Lee Adams

This year marks the thirtieth anniversary of the International Labour Organization’s (ILO) Workers with Family Responsibilities Convention, 1981, No. 156 coming into force. Family responsibilities in the context of paid work and its implications for gender equality have been the subject of international regulation most specifically in ILO 156, although it remains a marginalized convention. Since then, the interaction of work and family and the conflict between them have exploded as a subject of scholarly importance. This article examines ILO 156 in the context of chronological development of other major international legal instruments which address the intersection of work and …

Privacy As A Tool For Antidiscrimination, Jessica Roberts

Jessica L. Roberts

Traditionally, laws that protect privacy and laws that prohibit discrimination have been considered distinct kinds of legal protections. This Essay challenges that binary on both practical and theoretical grounds. Using the Genetic Information Nondiscrimination Act (GINA) as a case study, it argues that lawmakers can use privacy law to further antidiscrimination goals. GINA, which prohibits genetic-information discrimination in health insurance and employment, does more than simply outlaw discriminatory conduct. It also prohibits employers from requiring—or even requesting—their employees’ genetic information. While GINA’s privacy and antidiscrimination protections have previously been viewed as discrete, this Essay reads them in concert, arguing that …

Daddy Warriors: The Battle To Equalize Paternity Leave In The United States By Breaking Gender Stereotypes; A Fourteenth Amendment Equal Protection Analysis, Abraham Z. Melamed

Abraham Z Melamed

No abstract provided.

Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown

Ashley R Brown

No abstract provided.

The Gross Confusion Deep In The Heart Of Univ. Of Texas S.W. Med. Center V. Nassar, Brian S. Clarke

Brian S. Clarke

This essay addresses a fundamental issue underlying the Supreme Court’s consideration of Univ. of Texas S.W. Med. Center v. Nassar, namely the parameters of the factual causation standard applicable in disparate treatment cases. This essay also addresses a previously unrecognized area of agreement between the plurality and dissent in Price Waterhouse v. Hopkins that can resolve the factual causation issue underlying Nassar.

The Court’s most recent pronouncement on this issue, in Gross v. FBL Financial Services, has led to confusion as defendants and courts have interpreted Gross to require sole factual causation for the plaintiff to prevail. Yet, sole causation …

Snopa And The Ppa: Do You Know What It Means For You? If Snopa (Social Networking Online Protection Act) Or Ppa (Password Protection Act) Do Not Pass, The Snooping Could Cause You Trouble, Angela Goodrum

Angela Goodrum

No abstract provided.

The Tides Are Turning: Eeoc Pattern Or Practice Lawsuits Must Adhere To Title Vii's 300-Day Limitation Period, Lily M. Strumwasser

Lily M Strumwasser

No abstract provided.

Applicants To Prize Winner Organizations As Winners-James T. Struck Ba, Bs, Aa, Mlis Case Study, James T. Struck

James T Struck

Applicants to Peace Prize Winner Organizations as Winners of those Prizes-James T. Struck BA, BS, AA, MLIS Case Study Applicants to Peace Prize Winner Organizations can arguably be seen as co-winners of those prizes related to employment discrimination concepts. As employment discrimination is illegal, people like me here in this application letter who applied to work with the Organization for Prohibition of Chemical Weapons (OPCW) 8/2013 can be seen as winners of those prizes. The legal implications of applicants being co-winners are clearly controversial. Should co-winners have some share of the prizes? As prize competition is an industry, prize applicants …

The Equal Employment Opportunity Commission And Structural Reform Of The American Workplace, Margo Schlanger, Pauline Kim

Margo Schlanger

In 2011, the United States Supreme Court struck down a class action suit alleging that Wal-Mart stores discriminated against female employees in pay and promotion decisions, making it more difficult to obtain certification of private employment discrimination class actions. As a result, the role of the Equal Employment Opportunity Commission in seeking structural reform of the workplace, always of substantial influence, has gained in comparative importance. Yet there is remarkably little written about the EEOC’s large-scale injunctive cases. This Article addresses this major gap in scholarship. Using both qualitative case studies and a new quantitative dataset, we test existing theories …

A Better Route Through The Swamp: Causal Coherence In Disparate Treatment Doctrine, Brian S. Clarke

Brian S. Clarke

Disparate treatment doctrine has long been a swamp and it is getting deeper and murkier. The various judicially and legislatively created routes through the swamp – proof schemes – are poorly marked and at, best, imperfect. Critically, the routes through the swamp have become unmoored from the critical cause-in-fact inquiry they were ostensibly designed to illuminate.

Focusing first on cause-in-fact, this article seeks to establish causal coherence in disparate treatment doctrine by applying – for the first time – modern cause-in-fact theory, including the necessary element of a sufficient causal-set (“NESS”) standard articulated in the Restatement (Third) of Torts, across …

La Transparencia En La Protección De Datos Personales, Bruno L. Costantini García

Bruno L. Costantini García

La Transparencia en la Protección de Datos Personales, ponencia elaborada dentro de los trabajos del VII Congreso Nacional de Organismos Públicos Autónomos (OPAM)

Aspectos Generales Dela Publicidad En México. "La Publicidad De Productos, Servicios, Y Actividades Reguladas Por La Ley General De Salud", Bruno L. Costantini García

Bruno L. Costantini García

Introducción a las generalidades de la regulación en materia de publicidad de insumos para el consumo humano (salud) en México.

Implicit Bias In Employment Litigation, Melissa R. Hart

Melissa R Hart

Judges exercise enormous discretion in civil litigation, and nowhere more than in employment discrimination litigation, where the trial court’s “common sense” view of what is or is not “plausible” has significant impact on the likelihood that a case will survive summary judgment. As a general matter, doctrinal developments in the past two decades have quite consistently made it more difficult for plaintiffs to assert their claims of discrimination. In addition, many of these doctrines have increased the role of judicial judgment – and the possibility of the court’s implicit bias – in the life cycle of an employment discrimination case. …

Back To The Future: Introducing Constructive Feminism For The Twenty-First Century: A New Paradigm For The Family And Medical Leave Act, Arianne Renan Barzilay Dr.

Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)

Abstract: At least ninety percent (90%) of American parents, mothers and fathers, say they are experiencing an acute shortage of time spent with family and an intense work-family conflict. This article provides a history and a theory that should inform our conceptualization of work-family regulation. It points to the neglected history of working-class social feminism. It shows how working-class social feminists at the beginning of the twentieth century advocated for “constructive feminism”—government support, by way of labor regulation, of what this article terms “multidimensionalism”—a life enriched by meaningful dimensions of work, family, civic participation, and culture. The Article extends this …

The Right To Be Fat, Yofi Tirosh

Yofi Tirosh

Policy discussions on the increasing weight of Americans, portrayed as a problem of monumental and grim outlook, preoccupy public health experts, scientists, economists, and the popular media. In the legal field, however, discussions have tended to focus on whether weight should be a protected category under antidiscrimination law and on cost-benefit models for creating incentives to lose weight. This Article takes a novel approach to thinking about weight in the legal context. First, it maps the diverse ways in which the law is recruited to “the war against obesity,” thus providing an unprecedented account of what it means to be …

Quality Of Healthcare And The Role Of Relationships: Bridging The Medico-Legal Divide, Sagit Mor, Orna Rabinovich-Einy

Sagit Mor

This article focuses on an often overlooked barrier to efforts to enhance the quality of health care: the relationship crisis that currently exists between physicians and patients. This state of affairs has resulted from the divide between the medical and legal worlds. The medical arena has understandably tended to view the doctor-patient relationship as a purely medical issue, ignoring the law’s impact in generating and sustaining problematic relationship patterns. The legal world has yet to fully recognize this state of affairs, and the law’s role in its evolution and persistence. We offer a relational approach to healthcare law as a …

Noción Y Elementos Existenciales Del Título De Crédito, Bruno L. Costantini García

Bruno L. Costantini García

Discernir la noción y elementos de existencia de los títulos de crédito, considerando la doctrina y la denominación expresada en nuestra Ley General de Títulos y Operaciones de Crédito, conceptualizando el término de los documentos que consignan un derecho crediticio propio de su naturaleza y deslindando de manera dogmatica y exegética los elementos que lo forman y le dan su funcionamiento, mediante una visión de las instituciones jurídicas que les dan su existencia y aplicación dentro del devenir de los actos de comercio.

Las Pretensiones De Responsividad Del Derecho Del Trabajo Y El Juez Laboral, Sebastián A. Pizarro

Sebastián A. Pizarro

El Derecho del Trabajo se caracteriza por sostener un carácter eminentemente autónomo, poco receptivo a los requerimientos sociales. Desde una faz procesal, ello se ve sustentado por un tradicional rol meramente aplicador de la norma por parte del Juez Laboral, situado en un escenario inquisitivo cuya estructura revela intereses estatales y empresariales que malamente colaboran para la resolución efectiva de los conflictos en la realidad. En la presente investigación, se pretende una aproximación responsiva a principios que clásicamente han informado el Derecho del Trabajo en sus aristas sustantivas y adjetivas, para finalmente proponer algunos conceptos para un nuevo y desprejuiciado …

Generalidades De La Propiedad Intelectual En México, Bruno L. Costantini García

Bruno L. Costantini García

Presentación de las Generalidades de la Propiedad Intelectual en México (Propiedad Industrial y Derechos de Autor), legislación que la rige, aplicación y modalidades