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Articles 1 - 4 of 4
Full-Text Articles in Civil Rights and Discrimination
Employment Discrimination, Peter Reed Corbin, John E. Duvall
Employment Discrimination, Peter Reed Corbin, John E. Duvall
Mercer Law Review
The 2005 survey period saw a continuation of the diminished number of published decisions by the Eleventh Circuit Court of Appeals in the area of employment discrimination. However, it is interesting to note that the Eleventh Circuit also handed down at least 141 unpublished opinions in employment discrimination cases. Accordingly, while this trend may mean that the topic of employment discrimination is still very much alive and well within the Eleventh Circuit, it may also indicate that there are fewer unsettled questions of law in this area. However, this does not mean that the 2005 survey period was insignificant
The Religious Land Use And Institutionalized Persons Act Of 2000 And Its Effect On Eleventh Circuit Law, Christina Harrison Schnizler
The Religious Land Use And Institutionalized Persons Act Of 2000 And Its Effect On Eleventh Circuit Law, Christina Harrison Schnizler
Mercer Law Review
The Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA") was enacted by Congress in response to the Supreme Court overruling the Religious Freedom Restoration Act of 1993 ("RFRA") and as an extension of the Civil Rights of Institutionalized Persons Act. RLUIPA is intended "to protect religious liberty" and prohibits discrimination based on religion in two areas: land use regulations and religious rights for institutionalized persons. Generally, the religious land use provisions prevent state and local governments from creating improper zoning restrictions that unduly prohibit religious organizations from holding meetings, locating in a specific area, or expanding their current …
Jackson V. Birmingham Board Of Education And The Expansion Of Title Ix's Judicially Implied Private Right Of Action, Darl H. Champion Jr
Jackson V. Birmingham Board Of Education And The Expansion Of Title Ix's Judicially Implied Private Right Of Action, Darl H. Champion Jr
Mercer Law Review
In Jackson v. Birmingham Board of Education, the United States Supreme Court departed from its current trend of hostility toward implying rights of action in federal statutes. In Jackson the Court held that there is an implied private right of action for retaliation under Title IX when a whistleblower is retaliated against for complaining about sex discrimination. As a result, the Court increased the protections to employees and students of funding recipients who report instances of sex discrimination.
Pennsylvania State Police V. Suders, Letoyia C. Brooks
Pennsylvania State Police V. Suders, Letoyia C. Brooks
Mercer Law Review
In Pennsylvania State Police v. Suders, the United States Supreme Court reached two conclusions. First, the Court wrote that an employee who resigns as a result of sexual harassment may assert a Title VII constructive discharge claim where the employee can show that the "working conditions became so intolerable that a reasonable person in the employee's position would have felt compelled to resign." Second, the Court held that an employer may assert the affirmative defense established in Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton, ("Ellerth/Faragher") in a situation where an employee …