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Civil Rights and Discrimination Commons

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Full-Text Articles in Civil Rights and Discrimination

Laboratories Of Democracy: State Law As A Partial Solution To Workplace Harassment, Ann C. Mcginley Jan 2023

Laboratories Of Democracy: State Law As A Partial Solution To Workplace Harassment, Ann C. Mcginley

American University Journal of Gender, Social Policy & the Law

Despite the recent public awakening concerning both sexism and racism in our society, the federal courts have systematically chipped away at employees’ civil rights under Title VII of the 1964 Civil Rights Act to be free of both sexual and racial harassment at work.


Hair Me Out: Why Discrimination Against Black Hair Is Race Discrimination Under Title Vii, Alexis Boyd Jan 2023

Hair Me Out: Why Discrimination Against Black Hair Is Race Discrimination Under Title Vii, Alexis Boyd

American University Journal of Gender, Social Policy & the Law

In May 2010, Chastity Jones sought employment as a customer service representative at Catastrophe Management Solutions (“CMS”), a claims processing company located in Mobile, Alabama. When asked for an inperson interview, Jones, a Black woman, arrived in a suit and her hair in “short dreadlocks,” or locs, a type of natural hairstyle common in the Black community. Despite being qualified for the position, Jones would later have her offer rescinded because of her hair. CMS claimed that locs “tend to get messy” and violated the “neutral” dress code and hair policy requiring employees to be “professional and business-like.” Therefore, CMS …


Panel 4 - Severe Or Pervasive: Towards Empowering Workers, Allegra Fishel, Joe Sellers, Bernice Yeung, Ann Mcginley, Alexis Ronickher Jan 2023

Panel 4 - Severe Or Pervasive: Towards Empowering Workers, Allegra Fishel, Joe Sellers, Bernice Yeung, Ann Mcginley, Alexis Ronickher

American University Journal of Gender, Social Policy & the Law

FACILITATOR: All right. We’re back and I wanted to introduce our moderator for our panel, Severe or Pervasive: Towards Empowering Workers. We have Ms. Allegra Fishel moderating. Ms. Fishel is a seasoned civil rights advocate and the founder of The Gender Equality Law Center. So, thank you so much for being here and, Ms. Fishel, I turn it over to you.


Unlocking The Beauty From Within Title Vii: Arguing For An Expansive Interpretation Of Title Vii To Protect Against Attractiveness Discrimination, Michael Conklin Jan 2023

Unlocking The Beauty From Within Title Vii: Arguing For An Expansive Interpretation Of Title Vii To Protect Against Attractiveness Discrimination, Michael Conklin

American University Journal of Gender, Social Policy & the Law

Beauty may only be skin deep, but discrimination against the unattractive runs far deeper. Research emphatically demonstrates that attractiveness discrimination affects nearly every aspect of life, including hiring and promotion decisions. For example, personal injury attorneys utilize economists as expert witnesses for how their clients’ reduced attractiveness will negatively affect their future earnings. Attractiveness discrimination is just as prevalent as discrimination based on ethnicity. Unfortunately, current interpretations of federal antidiscrimination legislation do not offer protections from attractiveness discrimination. This Article offers a comprehensive framework for providing such protections under an expansive interpretation of Title VII.


Ensuring The Laws Barring Sexual Harassment Protect The Reticent Victim, Joseph M. Sellers, Aniko R. Schwarcz Jan 2023

Ensuring The Laws Barring Sexual Harassment Protect The Reticent Victim, Joseph M. Sellers, Aniko R. Schwarcz

American University Journal of Gender, Social Policy & the Law

According to multiple employee surveys, sexual harassment is one of the most underreported forms of abuse in the workplace. There are a number of reasons that reportedly account for this reluctance to complain about sexual harassment. They include the potential shame, embarrassment, and fear that may accompany reports of sexual harassment and the blame and heightened scrutiny of the victim that may be prompted by these complaints. Unlike most other forms of discrimination, where their presence may be inferred from patterns observed in workforce data, sexual harassment is typically undetectable and certainly not actionable unless it is the subject of …


Civil Rights In The Workplace: It's Time To Cut The Excess And Get To The Truth, Hnin N. Khaing Jan 2022

Civil Rights In The Workplace: It's Time To Cut The Excess And Get To The Truth, Hnin N. Khaing

American University Journal of Gender, Social Policy & the Law

On February 8, 1964, during the last few hours before the enactment of the Civil Rights Act, thanks to an individual described as a “racist, male octogenarian,” Congress haphazardly added “sex” as a prohibited basis for discrimination alongside race, color, religion, and national origin under Title VII1 of the Act. It was not until two decades later, in 1986, that the Supreme Court recognized sexual harassment as a form of sex discrimination under Title VII. Five years later, Anita Hill’s riveting public testimony, during the nomination hearings for Justice Clarence Thomas, ignited a nationwide discussion on sexual harassment. A quarter …


Limiting Liability Through Education: Do School Districts Have A Responsibility To Teach Students About Peer Sexual Harassment?, Diane M. Welsh Jan 1997

Limiting Liability Through Education: Do School Districts Have A Responsibility To Teach Students About Peer Sexual Harassment?, Diane M. Welsh

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Sexual Harassment Proscriptive Polices Of The European Community, Ireland, And New Zealand, John C. Penn Jan 1997

Sexual Harassment Proscriptive Polices Of The European Community, Ireland, And New Zealand, John C. Penn

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Sex Discrimination And Sexual Harassment In Agricultural Labor, Maria M. Dominguez Jan 1997

Sex Discrimination And Sexual Harassment In Agricultural Labor, Maria M. Dominguez

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Sexual Harassment, Wrongful Discharge, And Employer Liability: The Employer's Dilemma, Sarah Needleman Kline Jan 1993

Sexual Harassment, Wrongful Discharge, And Employer Liability: The Employer's Dilemma, Sarah Needleman Kline

American University Law Review

No abstract provided.