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Full-Text Articles in Labor and Employment Law
The Irrational Turn In Employment Discrimination Law: Slouching Toward A Unified Approach To Civil Rights Law, John Valery White
The Irrational Turn In Employment Discrimination Law: Slouching Toward A Unified Approach To Civil Rights Law, John Valery White
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This Article argues that the Supreme Court's recent disparate treatment decisions under Title VII of the Civil Rights Act of 1964 represent a trend toward unifying all civil rights law under an approach most closely akin to traditional equity. This trend explains the curious tension between substance and process in the Court's most recent decisions, St. Mary's Honor Center v. Hicks and Reeves v. Sanderson Plumbing. It also explains the Court's uncommon confidence in its yet undefined notions of what constitutes discrimination on the basis of the several protected categories recognized in Title VII and related statutes. The trend toward …
New Voices At Work: Race And Gender Identity Caucuses In The U.S. Labor Movement, Ruben J. Garcia
New Voices At Work: Race And Gender Identity Caucuses In The U.S. Labor Movement, Ruben J. Garcia
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Recently, labor law scholars have examined the emergence of "identity caucuses," in unions and in nonunion workplaces. Some scholars have pointed to identity caucuses as a source of division in unions, while others have pointed to them as alternatives to traditional unions. The author argues that race and gender caucuses in unions are not a source of division in the labor movement today, nor are they a viable alternative to traditional unions. In spite of the National Labor Relations Act's subordination of minority rights to majority rule, the author determines that women and people of color in union-based identity caucuses …