Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Labor (3)
- Sex (3)
- Employment Practice (2)
- Law and Society (2)
- Martial Law (2)
-
- Race (2)
- Age (1)
- Biography (1)
- Business justification (1)
- Census (1)
- Civil rights (1)
- Civil rights litigation (1)
- Color (1)
- Disparate impact (1)
- Employees (1)
- Equal employment (1)
- Equality (1)
- Homes (1)
- Jurisprudence (1)
- Law (1)
- Legal Profession (1)
- Legislation (1)
- National origin (1)
- Politics (1)
- Practical Equality (1)
- Religion (1)
- SCOTUS (1)
- Supreme Court (1)
Articles 1 - 7 of 7
Full-Text Articles in Labor and Employment Law
Equality Is A Brokered Idea, Robert Tsai
Equality Is A Brokered Idea, Robert Tsai
Articles in Law Reviews & Other Academic Journals
This essay examines the Supreme Court's stunning decision in the census case, Department of Commerce v. New York. I characterize Chief Justice John Roberts' decision to side with the liberals as an example of pursuing the ends of equality by other means – this time, through the rule of reason. Although the appeal was limited in scope, the stakes for political and racial equality were sky high. In blocking the administration from adding a citizenship question to the 2020 Census, 5 members of the Court found the justification the administration gave to be a pretext. In this instance, that lie …
Coming Of Age On $2 A Day, Evicted: What Ced Has To Say To Today's Untethered Poverty, Susan Bennett
Coming Of Age On $2 A Day, Evicted: What Ced Has To Say To Today's Untethered Poverty, Susan Bennett
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan Carle, Susan D. Carle
Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan Carle, Susan D. Carle
Faculty Collected Scholarship and Works
In too many Title VII cases, employees find themselves thrown out of court because they reacted angrily to reasonable perceptions of employer discrimination. In the race context, supervisors repeatedly call employees the n-word and use other racial epithets, order African American employees to perform work others in the same job classification do not have to do, and impose discipline white employees do not face for the comparable conduct. In the gender context, courts throw out plaintiffs’ cases even where supervisors engage in egregious sexual harassment. Employees who react angrily to such demeaning treatment—by cursing, shouting, refusing an order or leaving …
What Marriage Equality Arguments Portend For Domestic Partner Employee Benefits, Nancy Polikoff
What Marriage Equality Arguments Portend For Domestic Partner Employee Benefits, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Two Parts Of The Landscape Of Family In America: Maintaining Both Spousal And Domestic Partner Employee Benefits For Both Same-Sex And Different-Sex Couples, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Empathy, Spring, And Fervorino, Susan Bennett
Empathy, Spring, And Fervorino, Susan Bennett
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Proving Discrimination After Price Waterhouse And Wards Cove, Candace Kovacic-Fleischer
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 …