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Civil Rights and Discrimination Commons™
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- Title VII (9)
- Civil Rights Act (7)
- EEOC (4)
- Sex discrimination (4)
- Americans with Disabilities Act (2)
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- BFOQ (2)
- Discrimination (2)
- Employment (2)
- Employment discrimination (2)
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- Sexual harassment (2)
- St. Mary's Honor Center v. Hicks (2)
- Workplace behavior (2)
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- ADA (1)
- ADEA (1)
- ADR (1)
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- Acquired Immune Deficiency Syndrome (1)
- Adakai v. Front Row Seat Inc. (1)
- Age Discrimination in Employment Act (1)
- Alternative (1)
- Anti discrimination (1)
- Arline v. School Board (1)
- Bartlett v. New York Board of Law Examiners (1)
- Bona Fide Occupational Qualification (1)
- Bowe v. Colgate-Palmolive Co. (1)
- Burlington Industries (1)
- Civil (1)
- Civil Rights Act of 1964 (1)
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Articles 1 - 19 of 19
Full-Text Articles in Civil Rights and Discrimination
Dead Hand Vogue, Anthony Michael Kreis
Dead Hand Vogue, Anthony Michael Kreis
University of Richmond Law Review
For decades, courts read employment antidiscrimination laws’ prohibition of sex discrimination to exclude gay, lesbian, bisexual, and transgender workers’ sexual orientation and gender identity discrimination claims—purportedly because the claims were not linked to employees’ status as a man or a woman. And while significant doctrinal developments have afforded some gender-nonconforming persons critical workplace safeguards under sex antidiscrimination laws, many older decisions that deemed sexual orientation and transgender discrimination claims to be outside the ambit of sex discrimination still control. These decades-old precedents all suffer from the same analytical error: a failure to adhere to the principle that antidiscrimination law does …
The Invisible Minority: Discrimination Against Bisexuals In The Workplace, Elizabeth Childress Burneson
The Invisible Minority: Discrimination Against Bisexuals In The Workplace, Elizabeth Childress Burneson
University of Richmond Law Review
The Lesbian, Gay, Bisexual, Transgender, and Queer (“LGBTQ+”) community has won major legal victories in the last twenty years, but at least one group remains left behind in those victories. The bisexual population is often ignored, erased, and discriminated against by both homosexual and heterosexual individuals and communities. This is true despite the fact that bisexuals outnumber both lesbian women and gay men. This erasure and discrimination affects bisexuals in different areas of life and the law, including the employment context. Title VII of the Civil Rights Act of 1964 (“Title VII”), which protects against employment discrimination on the basis …
Derivative Racial Discrimination, Kevin Woodson
Derivative Racial Discrimination, Kevin Woodson
Law Faculty Publications
This Article introduces the concept of derivative racial discrimination, a process of institutional discrimination in which certain social and cultural dynamics impede the careers of minority workers in predominantly white firms even in the absence of racial biases and stereotypes. Derivative racial discrimination is a manifestation of cultural homophily, the universal tendency of people to gravitate toward others with similar cultural interests and backgrounds. Although not intrinsically racial, cultural homophily disadvantages minority workers in predominantly white work settings due to various race-related social and cultural differences. Seemingly inconsequential in isolation, these differences produce racial disparities in the accrual of valuable …
The Restorative Workplace: An Organizational Learning Approach To Discrimination, Deborah Thompson Eisenberg
The Restorative Workplace: An Organizational Learning Approach To Discrimination, Deborah Thompson Eisenberg
University of Richmond Law Review
No abstract provided.
Reading Amendments And Expansions Of Title Vii Narrowly, Henry L. Chambers, Jr.
Reading Amendments And Expansions Of Title Vii Narrowly, Henry L. Chambers, Jr.
Law Faculty Publications
Throughout Title VII’s history, Congress has amended and expanded Title VII. Often, the Supreme Court has read such amendments and expansions narrowly, even as it generally reads Title VII broadly or narrowly depending on the case before it. The Court’s approach to Title VII expansions may merely indicate that the Court believes that such statutory alterations should be read only as broadly as necessary to effectuate their purposes. However, regardless of why the Court has interpreted these expansions narrowly, that the Court has done so suggests that Congress ought to consider carefully how it amends or expands Title VII in …
The Cost Of Non-Compensable Workplace Harm, Henry L. Chambers, Jr.
The Cost Of Non-Compensable Workplace Harm, Henry L. Chambers, Jr.
Law Faculty Publications
This essay briefly addresses the limited fashion in which Title VII remedies sex discrimination in the workplace. Those limitations fall into three broad categories. The first encompasses how courts have applied procedural rules to Title VII claims. The second involves Title VII's explicit limitation on its coverage. The third includes substantive limitations that courts have placed on causes of action that are clearly covered by Title VII. This essay addresses those categories in turn.
Mancession Or Momcession? Good Providers, A Bad Economy, And Gender Discrimination, Allison Anna Tait
Mancession Or Momcession? Good Providers, A Bad Economy, And Gender Discrimination, Allison Anna Tait
Law Faculty Publications
Against this backdrop of precarious and disappearing work, two new elements became important: who was out of work, and how those still employed were navigating bad jobs. These questions laid the foundation for a flood of stories concerning unemployment and bad employment. Unsurprisingly, gender played a leading role in the debates. This article will discuss these two concerns--employment and workplace discrimination-as they intersect with gender and gender stereotypes.
(Un)Welcome Conduct And The Sexually Hostile Environment, Henry L. Chambers, Jr.
(Un)Welcome Conduct And The Sexually Hostile Environment, Henry L. Chambers, Jr.
Law Faculty Publications
As courts refine the theory underlying sexual harassment and sex discrimination, the unwelcomeness inquiry may become irrelevant to determining whether gender-based conduct is sexually harassing. In addition, the one possible remaining purpose that the unwelcomeness requirement may serve-providing notice to a putative harasser or its employer-is now served by an affirmative defense applicable to many sexual harassment claims. Consequently, its role should be reexamined. This Article does that. Part I of the Article describes a hypothetical situation that provides a context in which to consider unwelcomeness. Part II provides a brief overview of the evolving sexual harassment jurisprudence. Part III …
Discrimination, Plain And Simple, Henry L. Chambers, Jr.
Discrimination, Plain And Simple, Henry L. Chambers, Jr.
Law Faculty Publications
This short essay is a brief examination of the Court's relatively recent attempts to simplify Title VII and employment discrimination; it is not intended to be a comprehensive review of the Court's discrimination jurisprudence. Rather, it seeks to identify a few concerns with and implications of the Court's apparent desire to simplify Title VII jurisprudence. Part I briefly examines how the Court has simplified employment discrimination through Hicks and Oncale. Part II examines how the Court's simplifications have been used. Part III suggests concerns that should accompany the Court's simplification.
A Unifying Theory Of Sex Discrimination, Henry L. Chambers, Jr.
A Unifying Theory Of Sex Discrimination, Henry L. Chambers, Jr.
Law Faculty Publications
The structure of this Article is as follows. Part I consists of a hypothetical situation which will be referenced throughout the Article to illustrate sex discrimination jurisprudence. Part II describes the Supreme Court's disparate treatment jurisprudence. Part III describes the Court's restructuring of sexual harassment jurisprudence. Finally, Part IV examines the elimination of the distinction between sexual harassment and disparate treatment and its implications, including the new hostile work environment disparate treatment claim.
A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson
A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson
University of Richmond Law Review
The standards for exemplary damages in employment discrimination cases are in disarray. The major federal provisions that prohibit private employment discrimination, Title VII of the Civil Rights Act of 1964 ("Title VII"),2 42 U.S.C. § 1981 ("§ 1981"), the Age Discrimination in Employment Act ("ADEA"), and the Americans with Disabilities Act ("ADA"), all have an indistinguishably worded standard for assessing exemplary damages: "reckless indifference to federally protected rights."
The Americans With Disabilities Act In The Unionized Workplace, Ann C. Hodges
The Americans With Disabilities Act In The Unionized Workplace, Ann C. Hodges
Law Faculty Publications
This Article explores the issues raised by application of the ADA in the organized employment setting. The Article begins with an overview of the statute and then analyzes its applicability in the unionized workplace. In addition to recommending changes in the statute and regulations to clarify the obligations of employers and unions under the ADA, the Article makes recommendations with respect to judicial interpretation of the statute in three major areas. In Sections III C through E, the Article analyzes the circumstances under which the union should be held liable for discrimination, recommending that courts assess liability based on the …
Aids And Employment Discrimination Under The Federal Rehabilitation Act Of 1973 And Virginia's Rights Of Persons With Disabilities Act, Leisa Y. Kube
Aids And Employment Discrimination Under The Federal Rehabilitation Act Of 1973 And Virginia's Rights Of Persons With Disabilities Act, Leisa Y. Kube
University of Richmond Law Review
Acquired Immune Deficiency Syndrome (AIDS) is a fatal illness that attacks the immune system, rendering it incapable of defending the body from a variety of rare infections. In the United States, the syndrome was first observed in 1979 in isolated cases in major metropolitan areas. At that time, it affected a limited group of people, mainly homosexual men and drug abusers. Faced with a deadly illness whose cause and mode of transmission were unknown, the public understandably reacted with fear. Many AIDS victims were shunned from schools, workplaces, housing, courts, and medical facilities.
Title Ix And Employment Discrimination: North Haven Board Of Education V. Bell, Claire G. Cardwell
Title Ix And Employment Discrimination: North Haven Board Of Education V. Bell, Claire G. Cardwell
University of Richmond Law Review
In 1972, Congress enacted Title IX of the Education Amendments in response to widespread sex discrimination by educational institutions. The goal of the statute was to prevent the use of federal funds to support discriminatory practices by institutions of higher education. In 1975, the Department of Health, Education and Welfare (HEW) issued regulations pursuant to sections 901 and 902 of Title IX. These regulations were specifically directed at the employment practices of federally funded education programs.
A Technical Look At The Eighty Per Cent Rule As Applied To Employee Selection Procedures, Jacob Van Bowen Jr., C. Allen Riggins
A Technical Look At The Eighty Per Cent Rule As Applied To Employee Selection Procedures, Jacob Van Bowen Jr., C. Allen Riggins
University of Richmond Law Review
In litigation under Title VII of the Civil Rights Act of 1964, statistical data has been referred to as "the only game in town." This characterization only slightly overstates the importance of statistical data to prove or rebut a case of employment discrimination. In the first decade of Title VII litigation, statistical analysis in the courts was relatively uncomplicated, sometimes involving a mere recital of percentage differences or lack thereof between minority and majority classes. In recent years, however, courts and Title VII litigants have begun to take a more sophisticated view of the use of statistics in Title VII …
Critique: A Defendant's View, Robert H. Patterson Jr., J. Robert Brame Iii
Critique: A Defendant's View, Robert H. Patterson Jr., J. Robert Brame Iii
University of Richmond Law Review
In ten years, employers have become subject to an imposing body of law regulating employment practices. This law has created two immense problems for the employer. First, enforcement of these laws is frequently capricious, arbitrary and unfair. Second, recent decisions strip the employer of his most reliable methods for selecting skilled, productive workers and threaten the efficiency of American industry.
Critique: A Plaintiff's View, Henry L. Marsh Iii
Critique: A Plaintiff's View, Henry L. Marsh Iii
University of Richmond Law Review
No greater challenge confronts persons seeking to enjoy America's promise of "equality and justice for all" than that of enforcing the clear congressional mandate that all forms of discrimination based on race, religion, nationality and sex be eliminated. It follows then that the continued existence of such discrimination constitutes a great danger to the moral and economic well-being of our nation.
Sex Discrimination In Employment: What Has Title Vii Accomplished For The Female?
Sex Discrimination In Employment: What Has Title Vii Accomplished For The Female?
University of Richmond Law Review
The legislative intent of Title VII of the 1964 Civil Rights Act was to eradicate all forms of discriminatory employment practices based upon race, religion, national origin or sex. While the initial success of accomplishing this goal fell short of what was expected, important strides in recent years have reversed earlier disappointments.
Narrowing The Scope Of The Bona Fide Occupational Qualification Exception-Sex Discrimination In Professional Baseball Runs Afoul Of The Law
University of Richmond Law Review
"Should a gentleman offer a lady a Tiparillo?" Such a question, popu- larized in a familiar advertisement only a few years ago, gives one keen insight into the stereotyped roles accepted for men and women during the past decade. In sharp relief today, women's liberation groups would have one believe that a man need not offer a woman anything; if she wants something, it is hers for the taking. Indeed, a recent national convention of hardcore feminists, echoing this aggressive attitude and citing that women compose fifty-three per cent of the nation's population, have warned that they intend to capture …