Labor and Employment Law Commons^™

A Unified Approach To Causation In Disparate Treatment Cases: Using Sexual Harassment By Supervisors As The Causal Nexus For The Discriminatory Motivating Factor In Mixed Motive Cases, Margaret E. Johnson

All Faculty Scholarship

This Comment examines a unified approach for disparate treatment mixed motives claims paired with sexual harassment claims under Title VII. The Author argues that because of the policy for nondiscriminatory and desegregated work environments embodied in Title VII, and because of the documented harm resulting from sexual harassment, courts should allow the burden of proof to shift to the defendant if the plaintiff demonstrates that her supervisor sexually harassed her, or condoned the harassment, and that the harassing supervisor made an employment decision that was adverse to her.

Sexual Orientation And The Workplace: A Rapidly Developing Field, Arthur S. Leonard

Articles & Chapters

No abstract provided.

Patriarchy, Paternalism, And The Masks Of Fetal Protection., A. Kimberley Dayton

Faculty Scholarship

This essay is a response to John Kennedy's defense of Johnson Controls, Inc.'s fetal protection policy which was struck down last year in International Union, UAW v. Johnson Controls, Inc. A unanimous Supreme Court held in the case that the policy, which excluded women from a "fetotoxic" workplace, violated the federal employment discrimination laws. The Court's decision was issued only a day before Kennedy was scheduled to debate the issue of whether Title VII bars fetal protection policies with Professor Elinor Schroeder at the Kansas Journal's first symposium on March 21-22. 1991. The Court's decision rendered the technical statutory issues …

The Reasonable Woman And The Ordinary Man, Carol Sanger

Faculty Scholarship

Nineteen ninety-one was a seismic year for sexual harassment. The first localized shift occurred in January, when the Ninth Circuit established that the standard by which sexual harassment in the workplace would be judged was no longer the reasonable man or even the reasonable person but rather the reasonable woman. In October a larger audience felt a much stronger jolt when Anita Hill spoke before the Senate Judiciary Committee.

Hill testified that Supreme Court nominee Clarence Thomas had sexually harassed her while she worked for him at the Department of Education and at the Equal Employment Opportunity Commission. Her testimony …

The Thomas Hearings: Watching Ourselves, Robert F. Nagel

Publications

No abstract provided.

Race, Gender, And Sexual Harassment, Kimberlé W. Crenshaw

Faculty Scholarship

I would like to thank Anita Hill and express my deep respect to her for having the courage to shatter the silence on sexual harassment. I am certain that I speak for millions of women in saying that I have been inspired and renewed by her strength and integrity.

I have looked forward to addressing you tonight on a critical issue at this very important juncture in our political history. Sexual harassment has captured our attention over the last several weeks and has of course galvanized women in a way that scarcely could have been imagined only a few short …

Parental Leaves And Poor Women: Paying The Price For Time Off, Maria O'Brien

Faculty Scholarship

This Article presents a critique of unpaid "parental" leaves and the parental leave legislation recently passed by Congress.1 Eight states have already enacted parental leave statutes of various kinds.' For the sake of simplicity and uniformity, however, this Article focuses on the proposed federal legislation3 and its anticipated effects on unemployed and underemployed women.4 Specifically, this Article argues that the debate about parental leave 5 has ignored the possibility that the cost of this mandated benefit is likely to be borne by poor, low-skill working women6 who will find that their job opportunities narrow as employers try to shift some …

Workplace Discrimination: Truthfulness And The Moral Imagination, Emily Calhoun

Publications

No abstract provided.

Proving Discrimination After Price Waterhouse And Wards Cove, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

INTRODUCTION Anyone involved in litigation under Title VII of the Civil Rights Act of 19641 or similar state statutes may wonder what is entailed in proving or disproving discrimination after the United States Supreme Court's October 1988 Term. In fact, in the pending Civil Rights Act of 1990, Congress is considering reversing some of what the Supreme Court did during that Term. One of the issues that the Supreme Court addressed during the 1988 Term involved allocating burdens of proof in two major types of Title VII claims, dis- parate-treatment and disparate-impact. Price Waterhouse v. Hopkins, dealt with a disparate-treatment …

How Privacy Got Its Gender, Anita L. Allen, Erin Mack

All Faculty Scholarship

No abstract provided.

Sameness Feminism And The Work/Family Conflict, Joan C. Williams

Faculty Scholarship

No abstract provided.

Watkins V. United States Army And The Employment Rights Of Lesbians And Gay Men, Arthur S. Leonard

Articles & Chapters

No abstract provided.

Wimberly And Beyond: Analyzing The Refusal To Award Unemployment Compensation To Women Who Terminate Prior Employment Due To Pregnancy, Mary F. Radford

Faculty Publications By Year

In Wimberly v. Labor & Industrial Relations Commission, the Supreme Court interpreted section 3304(a)(12) of the Federal Unemployment Tax Act (FUTA), which requires that states not dent unemployment benefits "solely on the basis of pregnancy," as an antidiscrimination statue, rather that one requiring preferential treatment for pregnant and formerly pregnant women. Professor Mary Radford argues that given the ambiguous legislative history and other Supreme Court precedent in the area of unemployment compensation, Wimberly could just as easily have held that FUTA's language requires preferential treatment to pregnant and formerly pregnant women. She further argues that given the current realities that …

Employer Abuse, Worker Resistance, And The Tort Of Intentional Infliction Of Emotional Distress, Regina Austin

All Faculty Scholarship

No abstract provided.

The Nuclear Regulatory Commission's Regulation Of Radiation Hazards In The Workplace: Present Problems And New Approaches To Reproductive Health, Michael S. Baram, Neal Smith

Faculty Scholarship

On December 20, 1985, the Nuclear Regulatory Commission (NRC) proposed revisions to its Standards for Protection Against Radiation [hereinafter Standards].¹ If adopted, the new Standards will provide additional protection for millions of workers and their unborn children. The effects of the Standards will extend, however, far beyond the health of those exposed to radiation. Specifically, the NRC's proposal may provide a new paradigm for regulating health hazards that have no safe threshold level of exposure. It will also focus debate on whether or not women should be precluded from working in fetotoxic environments

Remedying Underinclusive Statutes, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: A California employer who does not want to comply with California's mandatory unpaid pregnancy leave statute has reached the United States Supreme Court. The employer seeks to have the statute invalidated, claiming it is preempted by the Pregnancy Discrimination Act of Title VII of the Civil Rights Act of 1964. The employer is arguing that the California pregnancy leave act is fatally underinclusive because it does not provide similar employment protection for workers with short-term disabilities. The district court agreed with the employer; the court of appeals did not.

The Price Of Equality, Drucilla Stender Ramey

Publications

No abstract provided.

The Future Of Comparable Worth Theory, Nancy Levit, Joan Mahoney

Faculty Works

Despite statutes intended to remedy wage disparities between men and women, the average woman working full-time earns only sixty percent as much as her male counterpart. While a portion of the earnings differential is attributable to "pure" or intentional discrimination, approximately eighty-two percent of the difference is due to occupational segregation. As commonly understood, occupational segregation refers to the situation in which women work at jobs that historically have been held by women and that are less remunerative than jobs usually held by men.

Only recently has the distinction between intentional discrimination and discrimination resulting from occupational segregation commanded much …

Applying Restitution To Remedy A Discriminatory Denial Of Partnership, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

This article suggests that a plaintiff can bring a state cause of action in restitution, liability in unjust enrichment, as an alternative to a federal cause of action in Title VII if the plaintiff was discriminatorily denied partnership by a firm that paid her a salary, but billed her time by the hour to clients. If the firm earned more than it paid in salary and overhead to the plaintiff, that amount would be defendant’s gain, one of the elements of an action in restitution, and the amount to be disgorged should plaintiff prove the other two elements, that the …

Norris V. Arizona Governing Committee: Titile Vii's Applicability To Arizona's Deferred Compensation Plan, Mary E. Berkheiser

Scholarly Works

Analysis of Norris v. Arizona Governing Comm., 671 F.2d 330 (9^th Cir. 1982).

Sex Discrimination In Coaching, R. Lawrence Dessem

Faculty Publications

This article will attempt to provide a legal framework for analysis of this not uncommon payment of lower salaries or stipends to the teacher-coaches (both male and female) of girls' athletics than to the teacher-coaches of comparable or identical boys' sports.

Book Review. Equal Employment Policy For Women By Ronnie Steinberg Ratner, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Validity Of Legislation Limiting Hours Of Labor For Women, Ralph W. Aigler

Articles

Public opinion and the development of social and economic thought are well read in the decisions, of the courts. An excellent illustration: of this is found in the recent case of Ritchie & Co. et al. v. Wayman, 244. Ill. 509, 91 N. E. 695, decided April 21, 1910.