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Articles 1 - 9 of 9
Full-Text Articles in Labor and Employment Law
Eyes Wide Shut: Using Accreditation Regulation To Address The “Pass-The-Harasser” Problem In Higher Education, Susan Saab Fortney, Theresa Morris
Eyes Wide Shut: Using Accreditation Regulation To Address The “Pass-The-Harasser” Problem In Higher Education, Susan Saab Fortney, Theresa Morris
Faculty Scholarship
The #MeToo Movement cast a spotlight on sexual harassment in various sectors, including higher education. Studies reveal alarming percentages of students reporting that they have been sexually harassed by faculty and administrators. Despite annually devoting hundreds of millions of dollars to addressing sexual harassment and misconduct, nationwide university officials largely take an ostrich approach when hiring faculty and administrators with little or no scrutiny related to their past misconduct. Critics use the term “pass the harasser” or more pejoratively, “pass the trash” to capture the role that institutions play in allowing individuals to change institutions without the new employer learning …
Beyond Sex-Plus: Acknowledging Black Women In Employment Law And Policy, Jamillah Bowman Williams
Beyond Sex-Plus: Acknowledging Black Women In Employment Law And Policy, Jamillah Bowman Williams
Georgetown Law Faculty Publications and Other Works
It has been more than 30 years since Kimberlé Crenshaw published her pathbreaking article critiquing the inadequacy of antidiscrimination law in addressing claims at the intersection of race and sex discrimination. This Article focuses on the challenges Black women continue to face when bringing intersectional claims, despite experiencing high rates of discrimination and harassment. The new status quo has not resolved the problems that she documented, and has introduced a set of second generation intersectionality issues. Most significantly, many courts now recognize that Black women experience discrimination differently than do white women or Black men. Yet, despite the professionally and …
Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko
Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko
Faculty Working Papers
In 1989 the Supreme Court in Price Waterhouse v. Hopkins declared that sex stereotyping was a prohibited from of sex discrimination at work. This seemingly simple declaration has been the most important development in sex discrimination jurisprudence since the passage of Title VII. It has been used to extend the Act's coverage and protect groups that were previously excluded. Astonishingly, however, the contours, dimensions and requirements of the prohibition have never been clearly articulated by courts or scholars. In this paper I evaluate four interpretations of what the sex stereotyping prohibition might mean in order to determine what it actually …
Toward A Plain Meaning Approach To Analyzing Title Vii: Employment Discrimination Protection Of Transsexuals, Kevin Schwin
Toward A Plain Meaning Approach To Analyzing Title Vii: Employment Discrimination Protection Of Transsexuals, Kevin Schwin
Cleveland State Law Review
The purpose of this Article is two-fold. First, this Article will discuss whether transsexuals should be protected at all from employment discrimination, and if so, whether protection should be accomplished through legislative or judicial means. Then, the Article will discuss each of the aforementioned approaches and advocate for a logical and consistent manner in which courts should decide cases under Title VII where a transsexual plaintiff alleges discrimination because of sex.
Privileged But Equal? A Comparison Of U.S. And Israeli Notions Of Sex Equality In Employment Law, Leora F. Eisenstadt
Privileged But Equal? A Comparison Of U.S. And Israeli Notions Of Sex Equality In Employment Law, Leora F. Eisenstadt
Vanderbilt Journal of Transnational Law
Ever-expanding media coverage, scholarship, and popular publications discussing the difficulty of combining work and family suggest that this issue is now the essential locus for gender debate in the United States. The essence of the debate is the meaning of equality: whether it carries the same meaning for women and men, whether biological and sociological differences should impact the understanding of equality, and whether law and social policy should reflect or encourage these differences. Privileged but Equal details the theory of sex equality that is embodied in Israeli employment law and contrasts it with the U.S. approach. The Article suggests …
The Supreme Court's Labor And Employment Decisions: 2002-2003 Term, Maria O'Brien
The Supreme Court's Labor And Employment Decisions: 2002-2003 Term, Maria O'Brien
Faculty Scholarship
This article summarizes U.S. Supreme Court cases from the October 2002 term that related directly or indirectly to labor or employment law or have implications for labor and employment practitioners. Of particular interest are the University of Michigan affirmative action cases' and the Texas criminal sodomy case. 2 Although not nominally "labor and employment" cases, these cases will profoundly affect labor and employment issues. Lawrence v. Texas has already altered the lenses through which society views homosexuality and altered public discourse related to homosexuality and same-sex relationships. 3 The reasoning of the Court shows how far issues of sexuality have …
Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee
Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
This article examines the nature and prevalence of sexual harassment in the work environment, and compares civil and criminal law in Singapore to the approaches taken by various jurisdictions in dealing with the problem. It is submitted that legislation is needed to protect employees, as Singapore law currently does not present any clear and coherent means for victims to seek redress for workplace sexual harassment.
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
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.
American And British Employment Discrimination Law: An Introductory Comparative Survey, Robert N. Covington
American And British Employment Discrimination Law: An Introductory Comparative Survey, Robert N. Covington
Vanderbilt Journal of Transnational Law
Age, alienage, ethnicity, race, religion, and sex lead to differential treatment of individuals the world over. Employment discrimination is felt most acutely in those industrialized nations where one's income level is the major determinant of so many other things: where one lives, what one wears, how one's children are educated. Concern over the social and economic consequences of employment discrimination has led to the development of new legal techniques on both sides of the Atlantic. The recent enactment in Britain of the Sex Discrimination Act, 1975, and the Race Relations Act, 1976, invites a comparison of those statutes and related …