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Civil Rights and Discrimination Commons™
Open Access. Powered by Scholars. Published by Universities.®
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- Villanova University Charles Widger School of Law (4)
- University of Michigan Law School (3)
- Washington and Lee University School of Law (3)
- Northwestern Pritzker School of Law (2)
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- Title VII (10)
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- Washington and Lee Journal of Civil Rights and Social Justice (3)
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Articles 1 - 30 of 36
Full-Text Articles in Civil Rights and Discrimination
Hiring Criteria And Title Vii: How One Manifestation Of Employer Bias Evades Judicial Scrutiny, Max Londberg
Hiring Criteria And Title Vii: How One Manifestation Of Employer Bias Evades Judicial Scrutiny, Max Londberg
University of Cincinnati Law Review
No abstract provided.
Kengerski V. Harper: The Third Circuit Clarifies The Scope Of Title Vii's Protection For Associational Discrimination Claims, Maureen O'Kane
Kengerski V. Harper: The Third Circuit Clarifies The Scope Of Title Vii's Protection For Associational Discrimination Claims, Maureen O'Kane
Villanova Law Review
No abstract provided.
Last Rights: A Theory Of Individual Impact, Kenneth R. Davis
Last Rights: A Theory Of Individual Impact, Kenneth R. Davis
Brooklyn Law Review
Title VII recognizes both individual and group disparate treatment claims, which allege intentional discrimination. But Title VII recognizes only group claims for disparate impact. Conspicuously absent are claims for individual impact. The reason for the absence of an individual-disparate-impact claim is a problem of proof. To establish a Title VII claim, a plaintiff must prove that he or she lost a job opportunity was “because of” membership in a protected class. Showing that a single individual lost a job opportunity because of a test score, resume evaluation, or interview does not prove that any of these selection criteria unlawfully discriminated …
Sex Trait Discrimination: Intersex People And Title Vii After Bostock V. Clayton County, Sam Parry
Sex Trait Discrimination: Intersex People And Title Vii After Bostock V. Clayton County, Sam Parry
Washington Law Review
Title VII of the Civil Rights Act of 1964 protects employees from workplace discrimination and harassment on account of sex. Courts have historically failed to extend Title VII protections to LGBTQ+ people. However, in 2020, the U.S. Supreme Court decision in Bostock v. Clayton County changed this. Bostock explicitly extended Title VII’s protections against workplace discrimination to “homosexual” and “transgender” people, reasoning that it is impossible to discriminate against an employee for being gay or transgender without taking the employee’s sex into account. While Bostock is a win for LGBTQ+ rights, the opinion leaves several questions unanswered. The reasoning in …
Big Data Affirmative Action, Peter N. Salib
Big Data Affirmative Action, Peter N. Salib
Northwestern University Law Review
As a vast and ever-growing body of social-scientific research shows, discrimination remains pervasive in the United States. In education, work, consumer markets, healthcare, criminal justice, and more, Black people fare worse than whites, women worse than men, and so on. Moreover, the evidence now convincingly demonstrates that this inequality is driven by discrimination. Yet solutions are scarce. The best empirical studies find that popular interventions—like diversity seminars and antibias trainings—have little or no effect. And more muscular solutions—like hiring quotas or school busing—are now regularly struck down as illegal. Indeed, in the last thirty years, the Supreme Court has invalidated …
The Impacts Of Compulsory Prison Labor Ballot Initiatives On Pregnant & Postpartum Incarcerated Women Of Color, Candace Bond-Theriault
The Impacts Of Compulsory Prison Labor Ballot Initiatives On Pregnant & Postpartum Incarcerated Women Of Color, Candace Bond-Theriault
Center for Gender & Sexuality Law
The 13th Amendment to the United States Constitution purported to abolish the institution of slavery, but it created an exception for compulsory labor performed by people convicted of crimes. In November 2022, voters in Alabama, Vermont, Louisiana, Tennessee, and Oregon will be asked to vote on ballot initiatives that would strike language from their state constitutions that currently allows states to force incarcerated people to perform labor with minimal or no pay.1 This policy brief examines the legal language of these ballot initiatives and evaluates whether each measure, if approved by voters, will actually close the compulsory labor loophole. In …
Discrimination Because Of Sex[Ual Orientation And Gender Identity]: The Necessity Of The Equality Act In The Wake Of Bostock V. Clayton County, Rachel Eric Johnson
Discrimination Because Of Sex[Ual Orientation And Gender Identity]: The Necessity Of The Equality Act In The Wake Of Bostock V. Clayton County, Rachel Eric Johnson
BYU Law Review
No abstract provided.
The Supreme Court Gets The Ball Rolling: Ncaa V. Alston And Title Ix, Arianna Banks
The Supreme Court Gets The Ball Rolling: Ncaa V. Alston And Title Ix, Arianna Banks
Northwestern University Law Review
Student-athlete compensation has been a consistent topic of controversy over the past few years, as critics question the legitimacy of the NCAA’s notion of amateurism and proponents favor the status quo. The Supreme Court decision in NCAA v. Alston has only served to intensify the debate, opening the door to alternative compensation structures. Despite a unanimous ruling in favor of the athletes, the limited holding of the case has only produced further questions. In his scathing concurrence, Justice Kavanaugh raises one such question: how does a student-athlete compensation structure comply with Title IX? This Comment seeks to address that question …
More Than Fifty Years After The Enactment Of Federal Laws Forbidding Discrimination In Pay, The Wage Disparity Based On Sex Continues: Focusing On The Circuit Courts’ Differing Interpretations Of “Factors Other Than Sex”, Audrey K. Hurt
Mississippi College Law Review
The broad scope of this fourth affirmative defense available to employers under the EPA and Title VII allows for inconsistency in its interpretation and is responsible, at least in part, for the continued existence of wage discrimination. Without a prescribed means of application— specifically, a stricter means of application—employers are more readily absolved from liability under the FOTS defense. The best solution to this problem is for Congress to adopt a more stringent approach to the FOTS defense under the Equal Pay Act of 1963—an approach which would apply to Title VII, as well. However, with little headway being made …
Liability For Toxic Workplace Cultures, Dana Florczak
Liability For Toxic Workplace Cultures, Dana Florczak
University of Michigan Journal of Law Reform
Title VII is meant to protect employees from discrimination and has historically been a crucial tool for creating social change in the workplace. But when considering modern-day workplace discrimination wrought by “toxic workplace cultures” defined herein, Title VII’s frameworks for confronting systemic discrimination prove outdated and ineffective. This Note proposes the codification of a new theory of discrimination under Title VII targeting toxic workplace cultures, with substantive and procedural elements working in tandem to better enable plaintiffs to collectively bring actions to hold employers accountable for fostering discriminatory environments. Part I defines toxic workplace cultures and walks through case studies …
Wrong Line: Proposing A New Test For Discrimination Under The National Labor Relations Act, Joshua D. Rosenberg Daneri, Paul A. Thomas
Wrong Line: Proposing A New Test For Discrimination Under The National Labor Relations Act, Joshua D. Rosenberg Daneri, Paul A. Thomas
University of Michigan Journal of Law Reform
There has long been a consensus among scholars and union-side practitioners that the National Labor Relations Act (NLRA) is under-enforced. As a result, employers often treat violations of the NLRA as a cost of doing business rather than a serious violation of a federal statute. Calls for reform have historically tended to propose legislative amendments to the NLRA to constrain employer conduct and impose greater consequences for discrimination violations. However, little attention has been given to improving the flawed legal test by which such discrimination is analyzed, Wright Line, 251 N.L.R.B. 1083 (1980), enforced 662 F.2d 899 (1st Cir. 1981), …
Brian Flores's Employment Discrimination Lawsuit Against The Nfl: A Game Changer Or Business As Usual?, Michael Conklin, Jennifer Barger-Johnson, Marty Ludlum
Brian Flores's Employment Discrimination Lawsuit Against The Nfl: A Game Changer Or Business As Usual?, Michael Conklin, Jennifer Barger-Johnson, Marty Ludlum
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Is Age Just A Number: The Intersection Of The Fair Labor Standards Act And Professional Sports, Kacey Mccann
Is Age Just A Number: The Intersection Of The Fair Labor Standards Act And Professional Sports, Kacey Mccann
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Hidden Figures: Wage Inequity And Economic Insecurity For Black Women And Other Women Of Color, Cassandra Jones Havard
Hidden Figures: Wage Inequity And Economic Insecurity For Black Women And Other Women Of Color, Cassandra Jones Havard
St. John's Law Review
(Excerpt)
One hundred years after women secured the right to vote, wage inequality remains prevalent in the United States. The gender wage gap, or pay inequity based solely on sex, arguably, is a measure of the current failure of full and equal participation by women in American society. The gender wage gap exists despite federal legislation designed to further wage equality. In fact, a difference as small as two cents over a lifetime costs a woman approximately $80,000. Currently, it is predicted that for a majority of white women, the pay parity will be attained between 2059–2069. However, Black women …
Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica K. Fink
Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica K. Fink
Faculty Scholarship
Among the weaknesses within American society exposed by the COVID pandemic, almost none has emerged more starkly than the government’s failure to provide meaningful and affordable childcare to working families—and, in particular, to working women. As the pandemic unfolded in the spring of 2020, state and local governments shuttered schools and daycare facilities and directed nannies and other babysitters to “stay at home.” Women quickly found themselves filling this domestic void, providing the overwhelming majority of childcare, educational support for their children, and management of household duties, often to the detriment of their careers. As of March 2021, more than …
Adding Sexual Harassment Prevention To The Menu: Sexual Harassment Prevention As A Condition Of Food Safety Licensing In The Restaurant Industry, Susan R. Fiorentino, Sandra M. Tomkowicz
Adding Sexual Harassment Prevention To The Menu: Sexual Harassment Prevention As A Condition Of Food Safety Licensing In The Restaurant Industry, Susan R. Fiorentino, Sandra M. Tomkowicz
Villanova Law Review
No abstract provided.
Transparency And Reliance In Antidiscrimination Law, Steven L. Willborn
Transparency And Reliance In Antidiscrimination Law, Steven L. Willborn
Catholic University Law Review
All antidiscrimination laws have two structural features – transparency and reliance – that are important, even central, to their design, but have gone largely unnoticed. On transparency, some laws, like the recent salary-ban laws, attempt to prevent the employer from learning about the disfavored factor on the theory that an employer cannot rely on an unknown factor. Other laws require publication of the disfavored factor, such as salary, on the theory that it is harder to discriminate in the sunlight. Still other laws are somewhere between these two extremes. The Americans with Disabilities Act, for example, limits but does not …
Pregnant Workers Fairness Acts: Advancing A Progressive Policy In Both Red And Blue America, Deborah A. Widiss
Pregnant Workers Fairness Acts: Advancing A Progressive Policy In Both Red And Blue America, Deborah A. Widiss
Nevada Law Journal
No abstract provided.
Employment Law—Antidiscrimination—Falling Into The Legal Void: How Arkansas Can Protect Unpaid Interns From Discrimination And Harassment, Christina Redmann
Employment Law—Antidiscrimination—Falling Into The Legal Void: How Arkansas Can Protect Unpaid Interns From Discrimination And Harassment, Christina Redmann
University of Arkansas at Little Rock Law Review
No abstract provided.
Enduring Exclusion, Daiquiri J. Steele
Enduring Exclusion, Daiquiri J. Steele
Michigan Law Review
Economic justice has long been a part of the civil rights agenda, and minimum labor standards statutes play a crucial role in eradicating the exploitation and subordination of historically marginalized workers. While statutes establishing labor standards are characterized as “universal,” their effect has been anything but universal. Racial and ethnic minorities, women, and those at the intersection experience disproportionate violations of labor standards laws concerning minimum wage, overtime, and occupational safety and health. Through legislative maneuvering dating back to the New Deal era, Congress carved out many female workers and workers of color from core protections of minimum labor standards …
Good For The Goose But Not For The Gander: Biden’S Promise To Appoint A Black Female To The Supreme Court And Title Vii Principles, Michael Conklin
Good For The Goose But Not For The Gander: Biden’S Promise To Appoint A Black Female To The Supreme Court And Title Vii Principles, Michael Conklin
Texas A&M Law Review
The 2022 retirement of Justice Stephen Breyer and President Joe Biden’s promise to exclude all non-Black females from consideration for his replacement has sparked controversy. Some have praised the decision as essential to ensuring diversity on the Court and point out that there are more than enough qualified Black women to select from. And some believe the decision will result in corporate leaders making similar calls for equity in their own companies. Others have criticized the decision, expressing a belief that discriminating on the basis of race and gender is “not a great start in selecting someone sworn to provide …
Pov: Why The Crown Act Is Needed, Angela Onwuachi-Willig
Pov: Why The Crown Act Is Needed, Angela Onwuachi-Willig
Shorter Faculty Works
Imagine, for one minute, that we live in an alternate universe where employer and school grooming policies that ban “unprofessional” or “faddish” hairstyles are routinely employed as a reason for firing, or refusing to hire, individuals with naturally straight hair. The normative standard for hair in this alternate universe is tightly coiled, curly hair—the kind of hair texture that actors like Denzel Washington or Issa Rae are born with, hair texture that is best suited for natural and protective hairstyles like locs, twists, braids, and Bantu knots.
Can I Touch Your Hair?: Business Diversity, Slavery, Disparate Outcomes, And The Crown Act, Ashley Jones
Can I Touch Your Hair?: Business Diversity, Slavery, Disparate Outcomes, And The Crown Act, Ashley Jones
The Journal of Business, Entrepreneurship & the Law
This comment will begin by looking at why hair in the United States is related to issues of race. This comment will then look at how businesses’ rules for appearance and hair disproportionately affect Black employees. Next, this paper will look at Title VII of the Civil Rights Act of 1964 to point out how the vague language has created loopholes, which allow businesses to lawfully discriminate against people with natural hair. We will then move to explore what role some city and state governments have had in creating natural hair-safe workspaces for employees in their respective boundaries. Lastly, we …
Pretext After Bostock—Disproving One Of The Employer’S Reasons Is Enough, Robert S. Mantell
Pretext After Bostock—Disproving One Of The Employer’S Reasons Is Enough, Robert S. Mantell
Washington and Lee Journal of Civil Rights and Social Justice
When an employer gives a pretextual reason for an employee’s termination, that falsehood can help prove that the true reason was discrimination. The dishonesty constitutes “affirmative evidence of guilt.” The trier of fact may “infer the ultimate fact of discrimination from the falsity of the employer’s explanation.” However, when an employer provides multiple reasons for firing an employee, there has been a split of opinion whether the plaintiff must disprove one or all of those reasons.
The Supreme Court’s recent discussion of multiple motives in Bostock v. Clayton County provides the tools to resolve this split and compels rejection of …
Third-Party Retaliation Problems, Alex B. Long
Third-Party Retaliation Problems, Alex B. Long
Emory Law Journal
No abstract provided.
Cause For Concern Or Cause For Celebration?: Did Bostock V. Clayton County Establish A New Mixed Motive Theory For Title Vii Case And Make It Easier For Plaintiffs To Prove Discrimination Claims?, Terrence Cain
Seattle University Law Review
Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to discriminate against an employee “because of” race, color, religion, sex, or national origin. This seems simple enough, but if an employer makes an adverse employment decision partly for an impermissible reason and partly for a permissible reason, i.e., if the employer acts with a mixed motive, has the employer acted “because of” the impermissible reason? According to Gross v. FBL Financial Services, Inc. and University of Texas Southwestern Medical Center v. Nassar, the answer is no. The Courts in Gross and Nassar held …
The Pandemic And The Public Nuisance: Judicial Intervention In The Era Of Covid-19 And The Collective Right To Public Health, Kyra Ziesk-Socolov
The Pandemic And The Public Nuisance: Judicial Intervention In The Era Of Covid-19 And The Collective Right To Public Health, Kyra Ziesk-Socolov
Washington and Lee Journal of Civil Rights and Social Justice
Amidst the unprecedented disruption caused by COVID-19, workplace lawsuits around the country began to apply a longstanding common law theory in a novel way: employee plaintiffs argued that their employers’ noncompliance with state and federal public health guidance designed to curb the spread of the virus should be enjoined as a public nuisance. Although some of these initial public nuisance suits were dismissed, others successfully forced defendant businesses to either alter their COVID safety practices or temporarily close. This Article explores the first pandemic-era public nuisance suit, Rural Community Workers Alliance v. Smithfield Foods, brought by meatpacking plant workers …
Blood, Sweat, Tears: A Re-Examination Of The Exploitation Of College Athletes, Keely Grey Fresh
Blood, Sweat, Tears: A Re-Examination Of The Exploitation Of College Athletes, Keely Grey Fresh
Washington and Lee Journal of Civil Rights and Social Justice
2021 Louise Halper Award Winner for Best Student Note
The unrest revolving around compensation for college athletes is not a new concept. However, public attitudes are shifting. With spirited arguments on both sides, and the recent Supreme Court decision of National Collegiate Athletic Association v. Alston regarding antitrust exemptions, the issue has been placed in a spotlight. This Note examines the buildup of discontentment through the history of the NCAA and amateurism, specifically how the term “student-athlete” became coined. It will then move to litigation efforts by athletes in an attempt to gain employment status, and an alternative route of …
Facultas Marginem: Assessing Disability Data And Public Aau Universities’ Affirmative Action Plans For Systemic Barriers Facing Faculty With Disabilities, Joseph Carlton Barry
Facultas Marginem: Assessing Disability Data And Public Aau Universities’ Affirmative Action Plans For Systemic Barriers Facing Faculty With Disabilities, Joseph Carlton Barry
Theses and Dissertations--Education Sciences
This dissertation contributes to education equity scholarship produced by academics seeking to develop understandings of disability, Persons with Disabilities (PWD), and how both are situated amongst faculty in institutions of higher education. As such, this dissertation centers on a study of public US universities belonging to the Association of American Universities (AAU). This study looks for institutional level associations between respective rates by which college and university faculty with disabilities (FWD) are employed, certain aspects of disability policy drawn from each institution’s 2020 Affirmative Action Plans (AAP), and various other instances of empirical disability data (EDD).
While this study contributes …