Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Sex discrimination (7)
- Title VII (6)
- Employment discrimination (3)
- Labor unions (3)
- Sexual harassment (3)
-
- Pay equity (2)
- Women (2)
- 401(k) (1)
- 401(k) Ledbetter (1)
- 401k (1)
- Affirmative action (1)
- Agricultural laborers (1)
- Agriculture (1)
- Business (1)
- California federal savings & loan association v. guerra (1)
- Chicanas (1)
- China (1)
- Civil rights act of 1964 (1)
- Class action (1)
- Class action lawsuits (1)
- Culture (1)
- Discrimination (1)
- Employee benefits (1)
- Employment Rights (1)
- Equal pay act of 1963 (1)
- FRCP rule 68 (1)
- Fair pay (1)
- Federal rules of civil procedure (1)
- Gender and law (1)
- Hazardous substances (1)
Articles 1 - 18 of 18
Full-Text Articles in Labor and Employment Law
Three Perspectives On Workplace Harassment Of Women Of Color, Maria L. Ontiveros
Three Perspectives On Workplace Harassment Of Women Of Color, Maria L. Ontiveros
Golden Gate University Law Review
In this address, I suggest a framework for understanding the ways in which issues of race and culture play a pivotal role in what we have thought of as "sexual harassment." This framework views an incident of workplace harassment from the perspectives of the three key players: the harasser, the victim and the judicial system. From the viewpoint of the harasser, women of color appear to be less powerful, less likely to complain, and the embodiment of particular notions of sexuality. From the perspective of the women, attitudes in their community and lessons learned in their culture may make it …
Women's Work: Finding New Meaning Through A Feminist Concept Of Unionization, Janelle M. Rettler
Women's Work: Finding New Meaning Through A Feminist Concept Of Unionization, Janelle M. Rettler
Golden Gate University Law Review
In the first section I examine the traditional structures used to change the workplace to adapt to changing societal demands. I address what these structures have accomplished and the limitations of these structures in dealing with the problems endemic in women's work. Secondly I address why women's needs in the workforce should be confronted differently than they have been in the past. And lastly, I assert that by combining traditional structures with a clearer focus on women's needs, new concepts of reform will emerge to legitimate women's work experiences.
California Federal Savings & Loan Association V. Guerra: The State Of California Has Determined That Pregnancy May Be Hazardous To Your Job, Susan Spalter Berman
California Federal Savings & Loan Association V. Guerra: The State Of California Has Determined That Pregnancy May Be Hazardous To Your Job, Susan Spalter Berman
Golden Gate University Law Review
In California Federal Savings & Loan Association v. Guerra, the United States Court of Appeals for the Ninth Circuit upheld the facial validity of California Government Code section 12945(b)(2). The court vehemently rejected a federal preemption argument and held that a law setting a minimum leave for pregnancy disabilities did not, on its face, discriminate against men or conflict with the purpose of Title VII of the Civil Rights Act of 19644 as amended in 1978 by the Pregnancy Discrimination Act (PDA). The issue of whether the PDA allows any different treatment for pregnancy has divided the feminist community.
Comparable Worth And The Market Defense: A National Debate, Helena Kaminski
Comparable Worth And The Market Defense: A National Debate, Helena Kaminski
Golden Gate University Law Review
The concept of comparable worth is rooted in a simple premise: salaries should be based on the intrinsic value of the employee's work to the employer. Yet attempts to enact comparable worth measures have caused controversy in state legislatures, city boardrooms, and courts. Increasingly, the debate has centered on the market's role in setting wages. Comparable worth advocates argue that employers pay women a sex-slanted wage which is illegal under Title VII. Employers, in turn, urge that far from being discriminatory, such wages reflect the market's workings, and are necessary to their survival. The defense has hitherto proven remarkably successful …
Pregnancy Benefits, Benign Sex Discrimination, And Justice: Why Does It Matter How We Ask The Questions?, Patricia Ann Boling
Pregnancy Benefits, Benign Sex Discrimination, And Justice: Why Does It Matter How We Ask The Questions?, Patricia Ann Boling
Golden Gate University Law Review
One purpose of this essay will be to respond to this argument by showing what sorts of considerations are pertinent and what conclusions are warranted if one considers the underlying issue in pregnancy benefits cases to be distributive justice, and then contrasting this with the considerations and judgments indicated by a more comprehensive view of sex discrimination. There are other reasons as well for maintaining the debate about the proper perspective on pregnancy disability issues. The Court's difficulties in convincingly justifying the refusal to equate pregnancy with sex-based discrimination in Geduldig and Gilbert, and in distinguishing the seniority and pregnancy …
Equal Pay For Comparable Worth, Jolie Lipsig
Equal Pay For Comparable Worth, Jolie Lipsig
Golden Gate University Law Review
This Comment will briefly trace the history of job segregation from colonial America to the present, and explore the relationship between the Equal Pay Act and Title VII in light of the controversial Bennett Amendment. The interpretation of this Amendment, which limits the effect of the Equal Pay Act on Title VII, has lead to arguments both for and against adoption of a comparable worth standard by the courts. A comparison of opinions of the various courts concerning the amendment will follow, focusing on the emerging theory of equal pay for comparable worth. A discussion of different job evaluation techniques …
Real Work: Domestic Workers' Exclusion From The Protections Of Labor Laws, Lisa Diaz-Ordaz
Real Work: Domestic Workers' Exclusion From The Protections Of Labor Laws, Lisa Diaz-Ordaz
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Fait Accompli?: Where The Supreme Court And Equal Pay Meet A Narrow Legislative Override Under The Lilly Ledbetter Fair Pay Act, Megan Coluccio
Fait Accompli?: Where The Supreme Court And Equal Pay Meet A Narrow Legislative Override Under The Lilly Ledbetter Fair Pay Act, Megan Coluccio
Seattle University Law Review
This Comment argues the Lilly Ledbetter Fair Pay Act’s consequences will be minimally felt, so long as the Act is narrowly construed. The Comment suggests congressional action was appropriate after the Supreme Court’s Ledbetter decision and discusses the political and legislative debate leading to the Act. In addition, the Comment analyzes the Act in application, exploring its meaning, implications, and function. The Comment argues that the concerns and consequences arising from the enactment of the Act can be alleviated and avoided by a narrow interpretation of its amendment to Title VII of the Civil Rights Act. Finally, the Comment recommends …
Work Environment And Women: U.S. Practice, Chioma Kanu Agomo
Work Environment And Women: U.S. Practice, Chioma Kanu Agomo
Annual Survey of International & Comparative Law
The aim is to show that reproductive health policies under present circumstances constitute a denial of equal rights to work granted to women since 1964, and therefore a denial of their human rights. It is also intended to show further that there is insufficient scientific evidence to support present policy, which is merely a pretext for shying away from the larger issue of safe and healthy environment for all workers and their families present and future.
Women Farmworkers In California, Julie Barreto
Women Farmworkers In California, Julie Barreto
Golden Gate University Law Review
No abstract provided.
Remedies For Sex-Discriminatory Health And Safety Conditions In Male-Dominated Industrial Jobs, Ellen Shapiro
Remedies For Sex-Discriminatory Health And Safety Conditions In Male-Dominated Industrial Jobs, Ellen Shapiro
Golden Gate University Law Review
No abstract provided.
The 'Offer Of Judgment' Rule In Employment Discrimination Actions: A Fundamental Incompatibility, Maureen Malvern
The 'Offer Of Judgment' Rule In Employment Discrimination Actions: A Fundamental Incompatibility, Maureen Malvern
Golden Gate University Law Review
No abstract provided.
Job-Related Sexual Harassment And Union Women: What Are Their Rights?, Barbara M. White
Job-Related Sexual Harassment And Union Women: What Are Their Rights?, Barbara M. White
Golden Gate University Law Review
No abstract provided.
Sexual Harassment In The Workplace: A Practitioner's Guide To Tort Actions, Alice Montgomery
Sexual Harassment In The Workplace: A Practitioner's Guide To Tort Actions, Alice Montgomery
Golden Gate University Law Review
No abstract provided.
Sex Discrimination In Academia: Representing The Female Faculty Plaintiff, Judith A. Mazia, Nancy De Ita
Sex Discrimination In Academia: Representing The Female Faculty Plaintiff, Judith A. Mazia, Nancy De Ita
Golden Gate University Law Review
No abstract provided.
An Agenda For Women Lawyers: Pandora's Box, Ann Fagan Ginger
An Agenda For Women Lawyers: Pandora's Box, Ann Fagan Ginger
Golden Gate University Law Review
No abstract provided.
Women's Employment Rights In China: Creating Harmony For Women In The Workplace, Jamie Burnett
Women's Employment Rights In China: Creating Harmony For Women In The Workplace, Jamie Burnett
Indiana Journal of Global Legal Studies
This Note explores the global problem of gender-based labor inequality as exemplified in China. China's historic and cultural framework, the efforts the Chinese government has made to coordinate with the global community on women's rights initiatives, and recent legislation passed at both national and local levels in China provide an interesting case study for countries facing gender inequality in the workplace. The items of legislation, though sometimes drafted using international treaties as a framework, contain unique provisions that provide protections for Chinese women that are not seen elsewhere in the world. Additionally, the Chinese government's current political goal of achieving …
Erasing Boundaries: Masculinities, Sexual Minorities, And Employment Discrimination, Ann C. Mcginley
Erasing Boundaries: Masculinities, Sexual Minorities, And Employment Discrimination, Ann C. Mcginley
University of Michigan Journal of Law Reform
This Article analyzes the application of employment discrimination law to sexual minorities-lesbians, gays, bisexuals, transgender and intersex individuals. It evaluates Title VII and state anti-discrimination laws' treatment of these individuals, and is the first article to use masculinities research, theoretical and empirical, to explain employment discrimination against sexual minorities.
While the Article concludes that new legislation would further the interests of sexual minorities, it posits that it is neither necessary nor sufficient to solving the employment discrimination problems of sexual minorities. A major problem lies in the courts' binary view of sex and gender, a view that identifies men and …