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Social and Behavioral Sciences Commons™
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- Articles (5)
- Michael Evan Gold (3)
- All Faculty Scholarship (2)
- Nancy Levit (2)
- Angela Goodrum (1)
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- Faculty Scholarship (1)
- Faculty Working Papers (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Indiana Journal of Law and Social Equality (1)
- Northwestern Journal of Law & Social Policy (1)
- Research to Practice Series, Institute for Community Inclusion (1)
- Tools for Inclusion Series, Institute for Community Inclusion (1)
- William Monroe Trotter Institute Publications (1)
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Articles 1 - 21 of 21
Full-Text Articles in Social and Behavioral Sciences
Beyond The Business Case: Moving From Transactional To Transformational Inclusion, Jamillah Bowman Williams
Beyond The Business Case: Moving From Transactional To Transformational Inclusion, Jamillah Bowman Williams
Georgetown Law Faculty Publications and Other Works
While workplace diversity is a hot topic, the extent to which the diversity management movement has effectively improved intergroup relations and reduced racial inequality remains unclear. Despite large investments in diversity and inclusion training and other company wide initiatives, historically excluded groups remain vastly underrepresented in leadership and the most lucrative careers, such as finance, law, and technology. This calls the efficacy of diversity, equity, and inclusion (DEI) efforts into question, particularly with respect to reducing racial inequality in the workplace.
This Article explains why it is time for organizational leaders to move beyond the transactional case for diversity and …
Salary History And The Equal Pay Act: An Argument For The Adoption Of “Reckless Discrimination” As A Theory Of Liability, Kate Vandenberg
Salary History And The Equal Pay Act: An Argument For The Adoption Of “Reckless Discrimination” As A Theory Of Liability, Kate Vandenberg
Northwestern Journal of Law & Social Policy
The Equal Pay Act (EPA) purports to prohibit employers from paying female employees less than male employees with similar qualifications; however, the affirmative defenses provided in the EPA are loopholes that perpetuate the gender pay gap. In particular, the fourth affirmative defense allows for wage differentials based on a “factor other than sex.” Many federal circuits have read this defense broadly to include wage differentials based on salary history. That is, an employer can pay a female employee less than her male counterparts because she was paid less by her previous employer. While salary history was once viewed as an …
Structural Discrimination In Covid-19 Workplace Protections, Ruqaiijah Yearby, Seema Mohapatra
Structural Discrimination In Covid-19 Workplace Protections, Ruqaiijah Yearby, Seema Mohapatra
All Faculty Scholarship
Workers, who are being asked to risk their health by working outside their homes during the COVID-19 pandemic, need adequate hazard compensation, safe workplace conditions, and personal protective equipment (PPE). Sadly, this is not happening for many essential workers, such as those working in home health care and in the meat processing industry. These workers are not only being unnecessarily exposed to the virus, but they are also not receiving paid sick leave, unemployment benefits, and affordable health care and childcare. The lack of these protections is due to structural discrimination and has disproportionately disadvantaged women of color and low-wage …
Threats To Medicaid And Health Equity Intersections, Mary Crossley
Threats To Medicaid And Health Equity Intersections, Mary Crossley
Articles
2017 was a tumultuous year politically in the United States on many fronts, but perhaps none more so than health care. For enrollees in the Medicaid program, it was a “year of living precariously.” Long-promised Republican efforts to repeal the Affordable Care Act also took aim at Medicaid, with proposals to fundamentally restructure the program and drastically cut its federal funding. These proposals provoked pushback from multiple fronts, including formal opposition from groups representing people with disabilities and people of color and individual protesters. Opposition by these groups should not have surprised the proponents of “reforming” Medicaid. Both people of …
A Different Class Of Care: The Benefits Crisis And Low-Wage Workers, Trina Jones
A Different Class Of Care: The Benefits Crisis And Low-Wage Workers, Trina Jones
Faculty Scholarship
When compared to other developed nations, the United States fares poorly with regard to benefits for workers. While the situation is grim for most U.S. workers, it is worse for low-wage workers. Data show a significant benefits gap between low-wage and high-wage in terms of flexible work arrangements (FWAs), paid leave, pensions, and employer-sponsored health-care insurance, among other things. This gap exists notwithstanding the fact that FWAs and employment benefits produce positive returns for employees, employers, and society in general. Despite these returns, this Article contends that employers will be loath to extend FWAs and greater employment benefits to low-wage …
Retaliation In The Eeo Office, Deborah L. Brake
Retaliation In The Eeo Office, Deborah L. Brake
Articles
This Article examines a new and as-yet unexplored development in retaliation law under Title VII and other anti-discrimination statutes: the denial of protection from retaliation to the class of employees charged with enforcing their employers’ internal anti-discrimination policies and complaint procedures. Through distinctive applications of traditional retaliation doctrine and newer rules formulated specifically for this class of employees, these workers are increasingly vulnerable to unchecked retaliation by their employers. This troubling trend has important implications for workplace retaliation law and for employment discrimination law more broadly. This Article makes two contributions to legal scholarship. First, it traces the legal doctrines …
An Unreasonable Application Of A Reasonable Standard: Title Vii And Sexual Orientation Retaliation, Jorden Colalella
An Unreasonable Application Of A Reasonable Standard: Title Vii And Sexual Orientation Retaliation, Jorden Colalella
Indiana Journal of Law and Social Equality
No abstract provided.
Snopa And The Ppa: Do You Know What It Means For You? If Snopa (Social Networking Online Protection Act) Or Ppa (Password Protection Act) Do Not Pass, The Snooping Could Cause You Trouble, Angela Goodrum
Angela Goodrum
No abstract provided.
Civil Rights Reform And The Body, Tobias Barrington Wolff
Civil Rights Reform And The Body, Tobias Barrington Wolff
All Faculty Scholarship
Discrimination on the basis of gender identity or expression has emerged as a major focus of civil rights reform. Opponents of these reforms have structured their opposition around one dominant image: the bathroom. With striking consistency, opponents have invoked anxiety over the bathroom -- who uses bathrooms, what happens in bathrooms, and what traumas one might experience while occupying a bathroom -- as the reason to permit discrimination in the workplace, housing, and places of public accommodation. This rhetoric of the bathroom in the debate over gender-identity protections seeks to exploit an underlying anxiety that has played a role in …
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 …
Disparate Impact Is Not Unconstitutional, Michael Evan Gold
Disparate Impact Is Not Unconstitutional, Michael Evan Gold
Michael Evan Gold
[Excerpt] In Ricci v. DeStefano, the "New Haven Firefighters" case, whitefirefighters and one Hispanic firefighter sued the city of New Haven, Connecticut and city officials under Title VII. The plaintiffs claimed the city had committed intentional discrimination or disparate treatment against them when the city disregarded the results of promotion examinations that had an adverse effect on black and Hispanic applicants. The Supreme Court sustained the claim. In his concurring opinion, Justice Scalia invited attorneys in subsequent cases to consider arguing that the disparate impact theory of employment discrimination is unconstitutional. He reasoned as follows: • The Constitution prohibits the …
Disparate Impact Under The Age Discrimination In Employment Act Of 1967, Michael Evan Gold
Disparate Impact Under The Age Discrimination In Employment Act Of 1967, Michael Evan Gold
Michael Evan Gold
No abstract provided.
A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold
A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold
Michael Evan Gold
No abstract provided.
The Failure Of Title Vii As A Rights-Claiming System, Deborah Brake, Joanna L. Grossman
The Failure Of Title Vii As A Rights-Claiming System, Deborah Brake, Joanna L. Grossman
Articles
This Article takes a comprehensive look at the failure of Title VII as a system for claiming nondiscrimination rights. The Supreme Court's recent decision in Ledbetter v. Goodyear Tire & Rubber Company, 127 S. Ct. 2162 (2007), requiring an employee to assert a Title VII pay discrimination claim within 180 days of when the discriminatory pay decision was first made, marks the tip of the iceberg in this flawed system. In the past decade, Title VII doctrines at both ends of the rights-claiming process have become increasing hostile to employees. At the front end, Title VII imposes strict requirements on …
What Counts As 'Discrimination' In Ledbetter And The Implications For Sex Equality Law, Deborah L. Brake
What Counts As 'Discrimination' In Ledbetter And The Implications For Sex Equality Law, Deborah L. Brake
Articles
This article, presented at a Symposium, The Roberts Court and Equal Protection: Gender, Race and Class held at the University of South Carolina School of Law in the Spring of 2008, explores the implications of the Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber Co. for sex equality law more broadly, including equal protection. There is more interrelation between statutory and constitutional equality law as a source of discrimination protections than is generally acknowledged. Although the Ledbetter decision purports to be a narrow procedural ruling regarding the statute of limitations for Title VII pay discrimination claims, at its …
Mega-Cases, Diversity, And The Elusive Goal Of Workplace Reform, Nancy Levit
Mega-Cases, Diversity, And The Elusive Goal Of Workplace Reform, Nancy Levit
Nancy Levit
Employment discrimination class action suits are part of a new wave of structural reform litigation. Like their predecessors - the school desegregation cases in the 1950s, the housing and voting inequalities cases in the 1960s, prison conditions suits in the 1970s, and environmental lawsuits since then - these are systemic challenges to major institutions affecting large segments of the public. This article explores the effectiveness of various employment discrimination remedies in reforming workplace cultures, promoting corporate accountability, and implementing real diversity.
Reviewing the architecture and aftermath of consent decrees in five major employment discrimination cases - the cases against Shoney's, …
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Nancy Levit
The thesis of The Heuristics Problem is that the societal problems about which identity theorists are most concerned often spring from and are reinforced by thinking riddled with heuristic errors. This article first investigates the ways heuristic errors influence popular perceptions of feminist issues. Feminists and critical race theorists have explored the cognitive bias of stereotyping, but have not examined the ways probabilistic errors can have gendered consequences. Second, The Heuristics Problem traces some of the ways cognitive errors have influenced the development of laws relating to gender issues. It explores instances in judicial decisions in which courts commit heuristic …
Reasonable Accommodation As Part And Parcel Of The Antidiscrimination Project, Mary Crossley
Reasonable Accommodation As Part And Parcel Of The Antidiscrimination Project, Mary Crossley
Articles
Numerous commentators have characterized the ADA's reasonable accommodation mandate - which sometimes requires employers to take affirmative steps that treat an individual with a disability differently from other workers - as a departure from the fundamental precepts of antidiscrimination law. These characterizations, however, fail to appreciate either the insights offered by disability theorists regarding the sources of inequality experienced by people with disabilities or the intrinsic conceptual kinship between the ADA's accommodation requirement and disparate impact liability and hostile environment liability under Title VII. Disability theory scholarship affirms that society's historic disregard for and devaluation of people with disabilities has …
Research To Practice: Working It Out: Workplace Experiences Of Individuals With Hiv And Individuals With Cancer, Sheila Fesko
Research To Practice: Working It Out: Workplace Experiences Of Individuals With Hiv And Individuals With Cancer, Sheila Fesko
Research to Practice Series, Institute for Community Inclusion
This brief describes the experiences of individuals with these illnesses, underlines similarities and differences between the two groups, and provides strategies for disclosure, support, and personal advocacy in the workplace.
Tools For Inclusion: Americans With Disabilities Act (Ada) Title 1: Employment, Joe Marrone
Tools For Inclusion: Americans With Disabilities Act (Ada) Title 1: Employment, Joe Marrone
Tools for Inclusion Series, Institute for Community Inclusion
Brief overview of the concepts and scope of the Americans with Disabilities Act, plus resource lists.
Preliminary Report On A Comparative Analysis Of The Underlying Dimensions Of Unemployment Among Blacks, Hispanics, And Whites In Boston, Jeremiah Cotton
Preliminary Report On A Comparative Analysis Of The Underlying Dimensions Of Unemployment Among Blacks, Hispanics, And Whites In Boston, Jeremiah Cotton
William Monroe Trotter Institute Publications
There are four major objectives of this research. The first objective is to determine whether and to what extent differences in unemployment rates in Boston among black, Hispanic, and white workers are due to the following: (1) the differences in the percentage of individuals in each group who experience a spell of unemployment at one time or another during the year, that is the incidence of unemployment; or (2) the differences in the average number of spells of unemployment during the year, that is the frequency of unemployment; or (3) the differences in the average length of time a spell …