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Articles 1 - 2 of 2
Full-Text Articles in Civil Rights and Discrimination
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.