Civil Rights and Discrimination | Open Access Articles

Unifying Antidiscrimination Law Through Stereotype Theory, Stephanie Bornstein

Stephanie Bornstein

Has litigation under Title VII of the Civil Rights Act of 1964 reached the limit of its utility in advancing workplace equality? After four decades of forward progress on antidiscrimination law in the courts, Supreme Court decisions in the last decade have signaled a retrenchment, disapproving of key theories scholars and advocates had pursued to address workplace discrimination in its modern, more subtle and structural forms. Yet sex and race inequality at work endure, particularly in pay and at the top of organizations. Notably, while the Roberts Court majority appears skeptical that discrimination persists and resistant to recognizing the role …

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Surrogacy, Equal Status And Social Welfare Benefits, Mel Cousins

Mel Cousins

The issue of surrogacy in Irish law has received considerable (if somewhat belated) attention. The Supreme Court has overturned the decision of the High Court to recognise a surrogate mother as the child’s mother for the purposes of birth certification. The European Court of Justice has also considered and rejected a complaint in which it has been argued that the failure to provide leave to a surrogate mother was in breach of EU and international law. A claim has also been brought under the Equal Status Acts (ESA) arguing that the failure of the Department of Social Protection (DSP) to …

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Shaping Expectations About Dads As Caregivers: Toward An Ecological Approach, Holning Lau

Holning Lau

A growing number of men embrace childcare responsibilities traditionally associated with women. Yet fathers who wish to be caregivers often face impediments. Legal scholars have focused attention on one of these impediments, the lack of workplace paternity leave, by calling on the government to mandate leave for new fathers. In this Essay, I argue that the focus on workplace policies is much too narrow. In light of cultural norms in the United States, there will be difficulty passing national legislation mandating paternity leave. Moreover, men shoulder cultural pressure not to take paternity leave even when it is offered. This Essay …

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Full-Text Articles in Civil Rights and Discrimination

Unifying Antidiscrimination Law Through Stereotype Theory, Stephanie Bornstein

Stephanie Bornstein

Surrogacy, Equal Status And Social Welfare Benefits, Mel Cousins

Mel Cousins

Shaping Expectations About Dads As Caregivers: Toward An Ecological Approach, Holning Lau

Holning Lau