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Full-Text Articles in Law and Race
Good For The Goose But Not For The Gander: Biden’S Promise To Appoint A Black Female To The Supreme Court And Title Vii Principles, Michael Conklin
Good For The Goose But Not For The Gander: Biden’S Promise To Appoint A Black Female To The Supreme Court And Title Vii Principles, Michael Conklin
Texas A&M Law Review
The 2022 retirement of Justice Stephen Breyer and President Joe Biden’s promise to exclude all non-Black females from consideration for his replacement has sparked controversy. Some have praised the decision as essential to ensuring diversity on the Court and point out that there are more than enough qualified Black women to select from. And some believe the decision will result in corporate leaders making similar calls for equity in their own companies. Others have criticized the decision, expressing a belief that discriminating on the basis of race and gender is “not a great start in selecting someone sworn to provide …
Maternity Rights: A Comparative View Of Mexico And The United States, Roberto Rosas
Maternity Rights: A Comparative View Of Mexico And The United States, Roberto Rosas
The Scholar: St. Mary's Law Review on Race and Social Justice
Women play a large role in the workplace and require additional protection during pregnancy, childbirth, and while raising children. This article compares how Mexico and the United States have approached the issue of maternity rights and benefits. First, Mexico provides eighty-four days of paid leave to mothers, while the United States provides unpaid leave for up to twelve weeks. Second, Mexico allows two thirty-minute breaks a day for breastfeeding, while the United States allows a reasonable amount of time per day to breastfeed. Third, Mexico provides childcare to most federal employees, while the United States provides daycares to a small …
"When They Enter, We All Enter": Opening The Door To Intersectional Discrimination Claims Based On Race And Disability, Alice Abrokwa
"When They Enter, We All Enter": Opening The Door To Intersectional Discrimination Claims Based On Race And Disability, Alice Abrokwa
Michigan Journal of Race and Law
This Article explores the intersection of race and disability in the context of employment discrimination, arguing that people of color with disabilities can and should obtain more robust relief for their harms by asserting intersectional discrimination claims. Professor Kimberlé Crenshaw first articulated the intersectionality framework by explaining that Black women can experience a form of discrimination distinct from that experienced by White women or Black men, that is, they may face discrimination as Black women due to the intersection of their race and gender. Likewise, people of color with disabilities can experience discrimination distinct from that felt by people of …
Categorically Black, White, Or Wrong: 'Misperception Discrimination' And The State Of Title Vii Protection, D. Wendy Greene
Categorically Black, White, Or Wrong: 'Misperception Discrimination' And The State Of Title Vii Protection, D. Wendy Greene
University of Michigan Journal of Law Reform
This Article exposes an inconspicuous, categorically wrong movement within antidiscrimination law. A band of federal courts have denied Title VII protection to individuals who allege “categorical discrimination”: invidious, differential treatment on the basis of race, religion, color, national origin, or sex. Per these courts, a plaintiff who self-identifies as Christian but is misperceived as Muslim cannot assert an actionable claim under Title VII if she suffers an adverse employment action as a result of this misperception and related animus. Though Title VII expressly prohibits discrimination on the basis of religion, courts have held that such a plaintiff’s claim of “misperception …
Title Vii: What's Hair (And Other Race-Based Characteristics)G Ot To Do With It?, D. Wendy Greene
Title Vii: What's Hair (And Other Race-Based Characteristics)G Ot To Do With It?, D. Wendy Greene
University of Colorado Law Review
Title VII of the 1964 Civil Rights Act prohibits discrimination in employment on the basis of race, color, national origin, religion, and sex. Many Title VII cases have arisen when an applicant's or employee's non-conformity with an employer's policy barring certain hairstyles or clothing has resulted in an adverse employment action, such as a denial or termination of employment. Generally, courts have not deemed an adverse employment action resulting from an applicant's or employee's non-conformity with an employment policy banning the display of mutable characteristics commonly associated with a particular racial or ethnic group a violation of Title VIis proscription …
Rodrigo's Second Chronicle: The Economics And Politics Of Race, Richard Delgado
Rodrigo's Second Chronicle: The Economics And Politics Of Race, Richard Delgado
Michigan Law Review
A Review of Forbidden Grounds: The Case Against Employment Discrimination Laws by Richard Epstein
Finding A "Manifest Imbalance": The Case For A Unified Statistical Test For Voluntary Affirmative Action Under Title Vii, David D. Meyer
Finding A "Manifest Imbalance": The Case For A Unified Statistical Test For Voluntary Affirmative Action Under Title Vii, David D. Meyer
Michigan Law Review
This Note analyzes the "manifest imbalance" standard developed in Weber and Johnson and the various approaches the lower courts have taken in trying to apply the test. Part I examines the Weber and Johnson opinions in some detail, and argues that the Court intended to permit affirmative action aimed at remedying the evident effects of past discrimination, regardless of whether the employer or society at large is to blame. Section I.A describes the diverging constitutional and statutory standards for evaluating voluntary affirmative action programs, and the policies behind the divergence. Sections I.B and I.C take a closer look at the …
Preferential Remedies For Employment Discrimination, Harry T. Edwards, Barry L. Zaretsky
Preferential Remedies For Employment Discrimination, Harry T. Edwards, Barry L. Zaretsky
Michigan Law Review
A basic thesis of this article is that much of the current concern about alleged "reverse discrimination" in employment ignores the reality of the situation. In Part I it will be contended that although color blindness is a laudable long-run objective, it alone will not end discrimination; thus, it will be argued that some form of "color conscious" affirmative action must be employed in order to achieve equal employment opportunity for minorities and women. The most effective form of affirmative action is temporary preferential treatment, and it will be asserted in Part II that such relief can be justified under …
Affirmative Action: Quotas And Traditional University Standards With Particular Emphasis On The Role Of The Department Chairman, William D. Wheeler
Affirmative Action: Quotas And Traditional University Standards With Particular Emphasis On The Role Of The Department Chairman, William D. Wheeler
IUSTITIA
The higher educational institution is often an exclusive citadel. Students are selected after close scrutiny of past achievements. Teachers as merchants of ideas, virtues, and cosmic thoughts are invited to membership only after certain academic passports have been acquired. These eligibility criteria are established by the faculty who, presumably, are the only ones capable of assessing reasonable standards for those seeking admission. Colleges and universities are closed sub-communities. They practice discrimination while giving lip service to liberal thought, knowledge, and enlightenment. It comes, therefore, as little surprise to clear thinkers that the house of intellect leads the parade of culprits …
Strangers In Paradise: Griggs V. Duke Power Co. And The Concept Of Employment Discrimination, Alfred W. Blumrosen
Strangers In Paradise: Griggs V. Duke Power Co. And The Concept Of Employment Discrimination, Alfred W. Blumrosen
Michigan Law Review
In March 1966, the Equal Employment Opportunity Commission (EEOC) negotiated an extensive agreement with the Newport News Shipyard to eliminate employment discrimination. The outcome of these negotiations-which were conducted by the Office of Conciliations which I then headed-was the first major achievement for the EEOC under title Vll of the Civil Rights Act of 1964. Following that episode, Ken Holbert, Deputy Chief of Conciliations, and I decided to try to negotiate a model conciliation agreement on the subject of discriminatory employment testing. We knew that many companies had introduced tests in the 1950's and early 1960's when they could no …