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Civil Rights and Discrimination Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
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- Discrimination (6)
- Civil Rights Act of 1964 (4)
- Discrimination in employment (4)
- Title VII (4)
- Age Discrimination in Employment Act (3)
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- Discrimination -- Law & legislation (3)
- Employment Law (3)
- Sex Discrimination (3)
- Statistics (3)
- Angela Onwuachi-Willig (2)
- Antidiscrimination Laws (2)
- Bona Fide Occupational Qualification (2)
- Equal Employment Opportunity Commission (2)
- Joel William Friedman (2)
- Obama Administration (2)
- Race discrimination (2)
- Sex discrimination in employment (2)
- Sexual Harassment (2)
- Uniform Guidelines on Employee Selection Procedures (2)
- Workplace (2)
- 4/5th Rule as a Litmus Test (1)
- Abuse (1)
- Actions & defenses (Law) (1)
- Actions and defenses (1)
- Administration of Human Resource Programs (except Education (1)
- Affirmative action programs (1)
- Age Discrimination Act of 1975 (1)
- Ageism (1)
- American Banana Co. v. United Fruit Co. (1)
- Analytical Procedures to Detect Discrimination (1)
Articles 1 - 21 of 21
Full-Text Articles in Civil Rights and Discrimination
Title Vii And The Unenvisaged Case: Is Anti-Lgbtq Discrimination Unlawful Sex Discrimination, Ronald Turner
Title Vii And The Unenvisaged Case: Is Anti-Lgbtq Discrimination Unlawful Sex Discrimination, Ronald Turner
Indiana Law Journal
As discussed herein, courts and individual judges recognizing or not finding actionable Title VII anti-LGBTQ14 claims have offered different rationales in support of their conflicting positions, including three justifications discussed in this project: (1) the meaning of Title VII’s “because of sex” prohibition, (2) the Supreme Court’s and circuit courts’ construction of the “because of sex” provision in the context of sex stereotyping and gender nonconformity discrimination as applied to the anti- LGBTQ question, and (3) associational discrimination theory. Claim-recognizing jurists have looked to Title VII’s text, Supreme Court and circuit court precedent, and the views of the Equal Employment …
Conflicting Approaches To Addressing Ex-Offender Unemployment: The Work Opportunity Tax Credit And Ban The Box, Katherine English
Conflicting Approaches To Addressing Ex-Offender Unemployment: The Work Opportunity Tax Credit And Ban The Box, Katherine English
Indiana Law Journal
Each year, roughly 700,000 prisoners are released from their six-by-eight-foot cells and back into society. Sadly, though, many of these ex-prisoners are not truly free. Upon returning to society, they often encounter several challenges that prevent them from resuming a normal, reintegrated lifestyle. For many, the difficulties associated with reentry prove to be too much, and within a short three years of their release, two-thirds of ex-offenders are rearrested, reconvicted, and thrown back into the familiar six-by-eight-foot cell. Recidivism might appear to be entirely the exoffenders’ fault, but ex-offenders are not solely responsible for these recidivism rates or the solution …
Beyond "Best Practices": Employment-Discrimination Law In The Neoliberal Era, Deborah Dinner
Beyond "Best Practices": Employment-Discrimination Law In The Neoliberal Era, Deborah Dinner
Indiana Law Journal
Why does U.S. legal culture tolerate unprecedented economic inequality even as it valorizes social equality along identity lines? This Article takes a significant step toward answering this question by examining the relationship between U.S. employment-discrimination law and neoliberalism. It shows that the rise of anti-discrimination ideals in the late twentieth century was intertwined with the de-regulation of labor and with cutbacks in the welfare state. The Article argues that even “best practices” to prevent employment discrimination are insufficient to realize a labor market responsive to the needs of low-income workers for adequate wages, safe work conditions, and work hours and …
Rethinking Employment Discrimination Harms, Jessica Roberts
Rethinking Employment Discrimination Harms, Jessica Roberts
Indiana Law Journal
Establishing harm is essential to many legal claims. This Article urges the law to adopt a more expansive notion of the harms of employment discrimination to better reflect the cognitive functions of individuals who face discrimination. While the effect of implicit bias on the mental state of potential discriminators is well-worn territory in antidiscrimination scholarship, little has been written about a sister theory: stereotype threat. More than a decade’s worth of social psychology research indicates that when a person is conscious of her membership in a particular group and the group is the subject of a widely recognized stereotype, that …
Retaliation In An Eeo World, Deborah L. Brake
Retaliation In An Eeo World, Deborah L. Brake
Indiana Law Journal
This Article examines how the prevalence of internal policies and complaint procedures for addressing discrimination in the workplace are affecting legal protections from retaliation. Retaliation has been an unusually active field of law lately. The Supreme Court’s heightened interest in taking retaliation cases in recent years has highlighted the central importance of retaliation protections to the integrity of discrimination law. The Court’s string of plaintiff victories in retaliation cases has earned it the reputation as a pragmatic, pro-employee Court when it comes to retaliation law. However, this view does not account for the proliferation and influence of employer EEO policies …
The Obama Effect: Understanding Emerging Meanings Of "Obama" In Anti-Discrimination Law, Angela Onwuachi-Willig, Mario Barnes
The Obama Effect: Understanding Emerging Meanings Of "Obama" In Anti-Discrimination Law, Angela Onwuachi-Willig, Mario Barnes
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.
Divergent Interests: Union Representation Of Individual Employment Discrimination Claims, Deborah A. Widiss
Divergent Interests: Union Representation Of Individual Employment Discrimination Claims, Deborah A. Widiss
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana
This Is A Time For Hope And Change, Kevin D. Brown
This Is A Time For Hope And Change, Kevin D. Brown
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana
Reconsidering Severe Or Pervasive: Aligning The Standard In Sexual Harassment And Racial Harassment Causes Of Action, Heather L. Kleinschmidt
Reconsidering Severe Or Pervasive: Aligning The Standard In Sexual Harassment And Racial Harassment Causes Of Action, Heather L. Kleinschmidt
Indiana Law Journal
No abstract provided.
Abuse Of Female Sweatshop Laborers: Another Form Of Sexual Harassment That Does Not Fit Neatly Into The Judiciary's Current Understanding Of Discrimination Because Of Sex, Gregory A. Bullman
Abuse Of Female Sweatshop Laborers: Another Form Of Sexual Harassment That Does Not Fit Neatly Into The Judiciary's Current Understanding Of Discrimination Because Of Sex, Gregory A. Bullman
Indiana Law Journal
No abstract provided.
The Failure Of The Integrated Enterprise Test: Why Courts Need To Find New Answers To The Multiple-Employer Puzzle In Federal Discrimination Cases, Mark Crandley
Indiana Law Journal
No abstract provided.
Discrimination As Accident, Amy L. Wax
Response To Professor Wax: Discrimination As Accident: Old Whine, New Bottle, Michael Selmi
Response To Professor Wax: Discrimination As Accident: Old Whine, New Bottle, Michael Selmi
Indiana Law Journal
No abstract provided.
Unprotected Until Forty: The Limited Scope Of The Age Discrimination In Employment Act Of 1967, Bryan B. Woodruff
Unprotected Until Forty: The Limited Scope Of The Age Discrimination In Employment Act Of 1967, Bryan B. Woodruff
Indiana Law Journal
No abstract provided.
Discrimination, Deceit, And Legal Decoys: The Diversion Of After-Acquired Evidence And The Focus Restored By Mckennon V. Nashville Banner Publishing Company, Elissa J. Preheim
Discrimination, Deceit, And Legal Decoys: The Diversion Of After-Acquired Evidence And The Focus Restored By Mckennon V. Nashville Banner Publishing Company, Elissa J. Preheim
Indiana Law Journal
No abstract provided.
Checking The "Trigger-Happy" Congress: The Extraterritorial Extension Of Federal Employment Laws Requires Prudence, Derek G. Barella
Checking The "Trigger-Happy" Congress: The Extraterritorial Extension Of Federal Employment Laws Requires Prudence, Derek G. Barella
Indiana Law Journal
No abstract provided.
Statistics For Wage Discrimination Cases: Why The Statistical Models Used Cannot Prove Or Disprove Sex Discrimination, James T. Mckeown
Statistics For Wage Discrimination Cases: Why The Statistical Models Used Cannot Prove Or Disprove Sex Discrimination, James T. Mckeown
Indiana Law Journal
No abstract provided.
In Defense Of Disparate Impact Analysis Under Title Vii: A Reply To Dr. Cohn, Elaine W. Shoben
In Defense Of Disparate Impact Analysis Under Title Vii: A Reply To Dr. Cohn, Elaine W. Shoben
Indiana Law Journal
No abstract provided.
Statistical Laws And The Use Of Statistics In Law: A Rejoinder To Professor Shoben, Richard M. Cohn
Statistical Laws And The Use Of Statistics In Law: A Rejoinder To Professor Shoben, Richard M. Cohn
Indiana Law Journal
No abstract provided.
On The Use Of Statistics In Employment Discrimination Cases, Richard M. Cohn
On The Use Of Statistics In Employment Discrimination Cases, Richard M. Cohn
Indiana Law Journal
No abstract provided.
Title Vii And Postjudgment Class Actions, John F. Crawford
Title Vii And Postjudgment Class Actions, John F. Crawford
Indiana Law Journal
No abstract provided.