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Full-Text Articles in Labor and Employment Law
What Dignity Demands: The Challenges Of Creating Sexual Harassment Protections For Non-Workplace Settings, Camille Gear Rich
What Dignity Demands: The Challenges Of Creating Sexual Harassment Protections For Non-Workplace Settings, Camille Gear Rich
Camille Gear Rich
In the more than twenty years since the Supreme Court created Title VII’s sexual harassment protections, judges and feminist legal scholars have struggled to create a clear conceptual account of the harm sexual harassment inflicts. Many courts and scholars were content to justify sexual harassment law by arguing that it vindicates women’s interest in workplace equality; however, several feminist legal scholars revealed the inadequacy of this account by the late 1990s, suggesting instead that harassment should be understood as inflicting dignitary harm. The failure to reach consensus about sexual harassment law’s purpose appeared without significant consequence until courts began developing …
Shattering The Equal Pay Act's Glass Ceiling, Deborah Thompson Eisenberg
Shattering The Equal Pay Act's Glass Ceiling, Deborah Thompson Eisenberg
Deborah Thompson Eisenberg
This Article provides the first empirical and rhetorical analysis of all reported Equal Pay Act (EPA) federal appellate cases since the Act’s passage. This analysis shows that as women climb the occupational ladder, the manner in which many federal courts interpret the EPA imposes a wage glass ceiling, shutting out women in non-standardized jobs from its protection. This barrier is particularly troubling in light of data that shows that the gender wage gap increases for women as they achieve higher levels of professional status. The Article begins by examining data regarding the greater pay gap for women in upper-level jobs. …