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Civil Rights and Discrimination Commons™
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- Title VII (6)
- Discrimination (4)
- ADEA (2)
- BFOQ (2)
- Certification (2)
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- EEOC (2)
- Employment discrimination (2)
- Pregnancy Discrimination Act (2)
- Sexual harassment (2)
- 2012 Enforcement Guidance (1)
- 42 U.S.C. Section 1981 (1)
- Actionable hostile work environment (1)
- Age Discrimination in Employment Act (1)
- Age discrimination (1)
- Age limitations (1)
- Aging of America’s workforce (1)
- American Tobacco v. Patterson (1)
- Appellate review (1)
- Bona fide occupational qualification (1)
- Bona fide occupational qualification defense (1)
- Bona fide seniority system (1)
- California Federal Savings and Loan v. Guerra (1)
- Civil Rights Act (1)
- Civil Rights Act of 1964 (1)
- Class action (1)
- Class actions (1)
- Collective bargaining (1)
- Corrections department (1)
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Articles 1 - 14 of 14
Full-Text Articles in Civil Rights and Discrimination
Employer Liability For Sex Harassment Through The Lens Of Restorative Justice, Emily Rees
Employer Liability For Sex Harassment Through The Lens Of Restorative Justice, Emily Rees
Cleveland State Law Review
Title VII cases alleging sex harassment have become almost completely deferential to employers who have anti-harassment policies. In this Note, I discuss legal and sociological influences on this development and propose using restorative justice focused mediation to avoid rendering Title VII entirely ineffective. Mediation should only be compelled as a remedy—after a court finds that harassment occurred, but that the plaintiff cannot prove her employer knew about the harassment. Instead of dismissing these cases—where judges have already found illegal discrimination—some corrective action should be imposed on the employer for its failure to maintain a harassment-free workplace. Focusing mediation on principles …
Hands-Tied Hiring: How The Eeoc’S Individualized Assessment Is Taking Discretion Away From Employers’ Use Of Criminal Background Checks, Carrie Valdez
Hands-Tied Hiring: How The Eeoc’S Individualized Assessment Is Taking Discretion Away From Employers’ Use Of Criminal Background Checks, Carrie Valdez
Cleveland State Law Review
This article argues that the 2012 EEOC Guidance should not be given deference by the courts. Specifically, the Guidance’s individualized assessment, which imposes a heightened requirement on employers to justify their background check policies, is problematic in three important ways. First, the individualized assessment places an impractical burden by what it requires and whom it requires to conduct such an assessment. Second, employer liability for negligent hiring may actually increase if employers perform individualized assessments. Finally, the practical effect of the individualized assessment may be decreased employer reliance on criminal background checks, and the result will likely not be a …
Toward A Plain Meaning Approach To Analyzing Title Vii: Employment Discrimination Protection Of Transsexuals, Kevin Schwin
Toward A Plain Meaning Approach To Analyzing Title Vii: Employment Discrimination Protection Of Transsexuals, Kevin Schwin
Cleveland State Law Review
The purpose of this Article is two-fold. First, this Article will discuss whether transsexuals should be protected at all from employment discrimination, and if so, whether protection should be accomplished through legislative or judicial means. Then, the Article will discuss each of the aforementioned approaches and advocate for a logical and consistent manner in which courts should decide cases under Title VII where a transsexual plaintiff alleges discrimination because of sex.
Reconsidering The Scope And Consequences Of Appellate Review In The Certification Decision Of Dukes V. Wal-Mart Stores, Inc. , Nicole Hitch
Reconsidering The Scope And Consequences Of Appellate Review In The Certification Decision Of Dukes V. Wal-Mart Stores, Inc. , Nicole Hitch
Cleveland State Law Review
This article will explore the Federal Rules of Civil Procedure and their application in the granting or denial of certification in an employment discrimination class action. In doing so, this article will examine how the district court applied these rules in the Wal-Mart action, which resulted in the certification of the largest private class action suit in American history. Additionally, this article will consider the consequences of the Ninth Circuit's utilization of permissive and liberal standards and, alternatively, the consequences of incorporation of stricter standards from various other circuit courts and the possible result of denial of certification.
How The Supreme Court's Reiteration Of Sexual Harassment Standards Affirmed In Faragher And Ellerth Would Have Led To Jones' Survival In Jones V. Clinton, Moira Mcandrew
Cleveland State Law Review
This note demonstrates that a cognizable claim of sexual harassment may be predicated on a severe, yet isolated episode of sexual harassment. In this inquiry, we will look to other Supreme Court and Appellate Court decisions regarding sexual harassment law to support the conclusion that a single incident of sexual harassment can constitute an actionable hostile work environment claim. Part II traces the background of sexual harassment law, including what constitutes actionable discrimination and the applicable standards of a hostile work environment claim. Part III outlines the Supreme Court's analysis of actionable employment discrimination based on sexual harassment under Title …
Tester Standing In Employment Discrimination Cases Under 42 U.S.C. 1981, Michelle Landever
Tester Standing In Employment Discrimination Cases Under 42 U.S.C. 1981, Michelle Landever
Cleveland State Law Review
There is little direct evidence about the nature and extent of hiring discrimination in the United States. There is no empirical evidence that discrimination has been eliminated; and even across the political spectrum there is recognition that the problem still persists. As many more claims pertaining to promotions and terminations are filed, there is a misperception that these reflect a more serious problem than that of hiring discrimination. Victims of hiring discrimination are less likely to know that they have been discriminated against, and to have access to information needed to prove it. Thus, as discrimination at the hiring stage …
Uaw V. Johnson Controls: The Supreme Court Fails To Get The Lead Out, Overlooks Fetal Harm Resulting From Workplace Exposure, John M. Tkacik Jr.
Uaw V. Johnson Controls: The Supreme Court Fails To Get The Lead Out, Overlooks Fetal Harm Resulting From Workplace Exposure, John M. Tkacik Jr.
Cleveland State Law Review
UAW v. Johnson Controls, Inc., recently decided by the United States Supreme Court, has resulted in what one commentator described as "[t]he strongest and most important sex-discrimination victory in nearly 30 years." As a result of the decision, employers can no longer bar women from hazardous jobs through fetal-protection policies, except under the most extreme and narrow circumstances. This legal victory for women in the workplace, however, has seriously impacted the debate over the protection of fetal health and safety. The Supreme Court, in a seemingly encore presentation of Roe, again overlooked the harm facing the unborn child in Johnson …
Judicial And Administrative Interpretations Of The Bona Fide Occupational Qualification As Applied To The Age Discrimination In Employment Act, Tracy Karen Finkelstein
Judicial And Administrative Interpretations Of The Bona Fide Occupational Qualification As Applied To The Age Discrimination In Employment Act, Tracy Karen Finkelstein
Cleveland State Law Review
This note will examine administrative and judicial standards used to prevent age discrimination in employment decisions. The first section will analyze the ADEA, enacted in response to the growing concern about age discrimination. The second section will discuss the Bona Fide Occupational Qualification exception to the ADEA's prohibition against age discrimination. Finally, the concerns particular to the airline industry regarding its age-related policies will be presented together with the responses of the FAA, the Equal Employment Opportunity Commission, and the judiciary in an attempt to clarify and resolve the difficulties inherent in situations where safety is a major concern.
Runyon Reconsidered: The Future Of Section 1981 As A Basis For Employment Discrimination Claims, Barbara L. Kramer
Runyon Reconsidered: The Future Of Section 1981 As A Basis For Employment Discrimination Claims, Barbara L. Kramer
Cleveland State Law Review
On April 25, 1988, the Supreme Court ignited a controversy by announcing that it would reconsider' its ruling in Runyon v. McCrary, a landmark 1976 civil rights decision, in a case currently before the Court, Patterson v. McClean Credit Union. Runyon affirmed the right of certain minority groups to sue private entities for unlawful discrimination under 42 U.S.C. Section 1981. Patterson calls into question the origin of the present Section 1981. This Note discusses the elements of the controversy unleashed by the Court: the origin and operation of the present Section 1981 and its relation to Title VII of the …
H.R. 4300, The Family And Medical Leave Act Of 1986: Congress' Response To The Changing American Family, Amy K. Berman
H.R. 4300, The Family And Medical Leave Act Of 1986: Congress' Response To The Changing American Family, Amy K. Berman
Cleveland State Law Review
On March 4, 1986, H.R. 4300, The Family & Medical Leave Act of 1986 was introduced in the United States House of Representatives. The purpose of the bill is "to entitle employees to parental leave in cases involving the birth, adoption, or serious health condition of a son or daughter and temporary medical leave in cases involving the inability [of an employee] to work because of a serious health condition." The bill requires an employer to provide up to 18 weeks job-protected family leave and up to 26 weeks job protected medical leave for all temporarily disabled employees. The scope …
The Seniority System Exemption To Title Vii Of The Civil Rights Acts: The Impact Of A New Barrier To Title Vii Litigants, Beth Wain Brandon
The Seniority System Exemption To Title Vii Of The Civil Rights Acts: The Impact Of A New Barrier To Title Vii Litigants, Beth Wain Brandon
Cleveland State Law Review
Congress has prohibited discrimination in employment by enacting Title VII of the 1964 Civil Rights Act. Section 703(h) was passed as an exemption to Title VII, in order to protect bona fide systems of seniority. The purpose of Title VII was "the prevention of unlawful employment discrimination and the amelioration and elimination of the effects of past discrimination." To this end, the courts historically have looked at the "effects" of discrimination rather than the "intent" to discriminate, when analyzing a Title VII violation. Recently the Supreme Court, in American Tobacco Co. v. Patterson, has required a showing of intent to …
Bfoq: An Exception Becoming The Rule, Ronald J. James, Michael A. Alaimo
Bfoq: An Exception Becoming The Rule, Ronald J. James, Michael A. Alaimo
Cleveland State Law Review
Recent court decisions interpreting section 4(f)1 of the Age Discrimination in Employment Act and defining bona fide occupational qualification (BFOQ) exemptions have done little to promote employment of or prohibit discrimination against older Americans. Nor have the decisions helped employers or workers understand applicable BFOQ standards. In essence, recent court decisions have so distorted the BFOQ exemption as to gut the lofty intent of the law set forth in the preamble. It is the purpose of this article to examine these recent court decisions, to assess the court's misapplication of their own historic BFOQ test, and to attempt to probe …
Title Vii: An Overview Of Some Common Employer Pitfalls, Thomas C. Schrader
Title Vii: An Overview Of Some Common Employer Pitfalls, Thomas C. Schrader
Cleveland State Law Review
Titile VII of the Civil Rights Act of 1964 and other supporting acts and laws have established certain employment rights for the vast majority of employees throughout the United States, and the procedures for enforcing those rights. Substantial efforts have been made by federal and state agencies, as well as minority interest groups, to publicize the laws and their enforcement procedures. In 1974 it can be safely assumed that virtually all employees affected by the equal employment laws are familiar with their rights or, minim- ally, know where to obtain sufficient information to be fully apprised of those rights. Surprisingly, …
Discrimination Against Women In Employment In Higher Education, Alan Miles Ruben, Betty J. Willis
Discrimination Against Women In Employment In Higher Education, Alan Miles Ruben, Betty J. Willis
Cleveland State Law Review
Having been forced to adjust the structure of academic governance and the design of the curriculum responsively to large-scale student protest, it now appears that universities will have to rework their traditional patterns for the appointment, compensation and promotion of faculty and administrative staff to satisfy the demands being made by the women's liberation movement for an end to sexist employment practices.