Open Access. Powered by Scholars. Published by Universities.®

Civil Rights and Discrimination Commons

Open Access. Powered by Scholars. Published by Universities.®

12,877 Full-Text Articles 7,908 Authors 5,373,212 Downloads 229 Institutions

All Articles in Civil Rights and Discrimination

Faceted Search

12,877 full-text articles. Page 4 of 326.

Arbitration Of Health And Safety Issues In The Workplace: Employees Who Refuse Work Assignments Because Of Fear Of Aids Contagion, Madelyn C. Squire 2020 University of Maine School of Law

Arbitration Of Health And Safety Issues In The Workplace: Employees Who Refuse Work Assignments Because Of Fear Of Aids Contagion, Madelyn C. Squire

Maine Law Review

Horror stories concerning the abuse suffered by the AIDS victim in the workplace are plentiful. There have been numerous reports about employees who have refused to work with or touch the AIDS worker, or use the same bathroom, telephone, water fountain, or pencil. It was reported that one AIDS victim was not even allowed to use his pregnant co-worker's word processor; she claimed she had once seen him sweat on the keyboard. Paul Cronan became painfully aware that his employer of twelve years, the New England Telephone Company, had breached his privacy by divulging in large group meetings of ...


Privileged Violence, Principled Fantasy, And Feminist Method: The Colby Fraternity Case, Martha T. McCluskey 2020 University of Maine School of Law

Privileged Violence, Principled Fantasy, And Feminist Method: The Colby Fraternity Case, Martha T. Mccluskey

Maine Law Review

Colby College banned fraternities and sororities in 1984 after many years of unsuccessfully attempting to improve fraternity behavior. Sexual harassment and sex discrimination were major reasons for the college's decision. At first the college withheld official recognition of and financial benefits to the fraternities. Membership in fraternities was not punished, although Colby established a policy prohibiting any participation in fraternities. The college had hoped that without houses, financing, and other support from the administration, the fraternities would disband—particularly once all students who had belonged to the officially sanctioned groups had graduated. Although the sororities soon dissolved, most of ...


The Constitutional Law Of Equality In Canada, Kathleen E. Mahoney 2020 University of Maine School of Law

The Constitutional Law Of Equality In Canada, Kathleen E. Mahoney

Maine Law Review

On April 17, 1982, Canada repatriated its constitution from the Parliament at Westminster, sweeping away one of the final vestiges of its colonial past. At the same time, a Canadian Charter of Rights and Freedoms was constitutionally entrenched, giving the people express constitutional rights for the first time. The equality provisions, in particular, represented a new era in Canadian constitutional law. The intense debate leading up to the entrenchment of the Charter raised profound questions about the basic nature of the country, its values, and its ability and willingness to acknowledge equality for women and other disadvantaged groups. Since the ...


Discounting Credibility: Doubting The Stories Of Women Survivors Of Sexual Harassment, Deborah Epstein 2020 Georgetown University Law Center

Discounting Credibility: Doubting The Stories Of Women Survivors Of Sexual Harassment, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

For decades, federal and state laws have prohibited sexual harassment on the job; despite this fact, extraordinarily high rates of gender-based workplace harassment still permeate virtually every sector of the American workforce. Public awareness of the seriousness and scope of the problem increased astronomically in the wake of the #MeToo movement, as women began to publicly share countless stories of harassment and abuse. In 2015, the Equal Employment Opportunity Commission’s Task Force on the Study of Harassment in the Workplace published an important study analyzing a wide range of factors contributing to this phenomenon. But the study devotes only ...


Emergency Petition For Writ Of Habeas Corpus, Injunctive, And Declaratory Relief - Class Action, Joseph Mead, David J. Carey, Mark A. Vander Laan, Freda Levenson, David Singleton 2020 Cleveland State University

Emergency Petition For Writ Of Habeas Corpus, Injunctive, And Declaratory Relief - Class Action, Joseph Mead, David J. Carey, Mark A. Vander Laan, Freda Levenson, David Singleton

Law Faculty Briefs

As a tragic combination of infectious and deadly, COVID-19 poses a once-in-a-lifetime threat on a worldwide scale. Every state and territory in the United States has now been impacted, with nearly half a million cases and over 20,000 deaths reported to the Centers for Disease Control and Prevention (CDC). Even under ordinary conditions, each person who contracts this illness can be expected to infect between 2 and 3 others.

Cramped, overcrowded prisons amplify this threat. With thousands of people literally stacked on top of each other and unable to move around without rubbing shoulders, such environments are fundamentally incompatible ...


Law School News: Rwu Law Professors File Emergency Covid-19 Lawsuit 04-12-2020, Michael M. Bowden 2020 Roger Williams University School of Law

Law School News: Rwu Law Professors File Emergency Covid-19 Lawsuit 04-12-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Citizen Engagement In Aquatics Equity: The Case Of Winston Waterworks, Steven N. Waller PhD, James H. Bemiller JD, Emliy J. Johnson, Chermaine D. Cole, Jason Scott PhD, Angela Wozencroft, PhD 2020 University of Tennessee-Knoxville

Citizen Engagement In Aquatics Equity: The Case Of Winston Waterworks, Steven N. Waller Phd, James H. Bemiller Jd, Emliy J. Johnson, Chermaine D. Cole, Jason Scott Phd, Angela Wozencroft, Phd

International Journal of Aquatic Research and Education

Historically, swimming pools have been a source of inequity when it comes to the distribution of recreation services in the United States. Many of the problems that correlate with the inequitable allocation of recreation resources including public swimming pools began with ideas about race, geography, poor planning practices and faulty policymaking (Rothstein, 2017). Moreover, one of the primary outcomes of engaged, inclusive planning is equity in the provision of recreation programs and facilities. In this essay, we offer a summary of key legal cases that help address questions related resource allocation related to public swimming pools. Finally, we present a ...


Lgbtq Training For Aquatic Employees: Impact On Attitudes And Professional Competencies, Austin R. Anderson, Eric Knee, William D. Ramos 2020 University of Southern Indiana

Lgbtq Training For Aquatic Employees: Impact On Attitudes And Professional Competencies, Austin R. Anderson, Eric Knee, William D. Ramos

International Journal of Aquatic Research and Education

This study examined the impact of a LGBTQ diversity training on the attitudes and professional competencies of aquatic employees within a campus recreational sports setting. While diversity training is often discussed as a key component of inclusive aquatic programming, little empirical research examining the outcomes associated with such trainings exists. As such, members of the research team developed, implemented, and evaluated a four-month long training program consisting of one in-person training session and monthly inclusion handouts discussing issues related to the inclusion of LGBTQ participants. A comparative quantitative research design was used to measure employee’s attitudes towards the LGBTQ ...


A Comprehensive Analysis Of Aquatic Programming At Historically Black Colleges And Universities (Hbcus), Tiffany Monique Quash, Knolan C. Rawlins, Shaun M. Anderson 2020 Indiana University - Bloomington

A Comprehensive Analysis Of Aquatic Programming At Historically Black Colleges And Universities (Hbcus), Tiffany Monique Quash, Knolan C. Rawlins, Shaun M. Anderson

International Journal of Aquatic Research and Education

This article provides a comprehensive examination of aquatic programming at Historically Black Colleges and Universities (HBCUs). HBCUs consist of public, private, 2-year, and 4-year institutions (U.S. Department of Education, 2018). Historically, HBCUs provided descendants of the enslaved access to higher education opportunities (Brown, Donahoo, & Bertrand, 2001). HBCUs now serve a more diverse community and the core focus remains on inclusion, social justice, diversity, empowerment, leadership, and cultural competence (Kennedy, 2012; Rawlins, 2018). Consequently, HBCUs may provide an ideal environment to address aquatic activity and the drowning disparity in the African American community. In the current study, researchers sent a survey to 102 HBCUs to better assess the prevalence of aquatics programming at these institutions. Approximately 38 percent of the HBCUs responded to the survey. The ...


The Blind Leading The Deaf: An Investigation Of The Inconsistent Accommodations The Justice System Provides To People Who Are Deaf, Elizabeth Pindilli 2020 William & Mary Law School

The Blind Leading The Deaf: An Investigation Of The Inconsistent Accommodations The Justice System Provides To People Who Are Deaf, Elizabeth Pindilli

William & Mary Journal of Race, Gender, and Social Justice

Historically, and to this day, people with disabilities have not been considered capable of determining their own needs. Instead, the general population has taken it upon themselves to dictate what accommodations they shall receive. This becomes particularly problematic for the deaf community when interacting with the criminal justice system, where a lack of communication is synonymous with a lack of justice. In this situation, the state should defer to the individual’s understanding of their needs, or carry the burden of proving that another accommodation is equally effective.


Disaggregated Discrimination And The Rise Of Identity Politics, George Rutherglen 2020 William & Mary Law School

Disaggregated Discrimination And The Rise Of Identity Politics, George Rutherglen

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Website Accommodations Test: Applying The Americans With Disabilities Act To Websites, Ashley Cheff 2020 William & Mary Law School

The Website Accommodations Test: Applying The Americans With Disabilities Act To Websites, Ashley Cheff

William & Mary Journal of Race, Gender, and Social Justice

In 2017, 814 lawsuits were filed alleging discrimination under the Americans with Disabilities Act (ADA) due to website inaccessibility, up from 262 in the previous year. Beginning in July 2010, the federal Department of Justice (DOJ) considered issuing regulations under ADA Title III related to website accessibility. However, no changes have been made to date, leaving courts split over whether websites constitute places of public accommodation via the ADA. Dispositive to some jurisdictions’ holdings is whether a website has a nexus to a physical place, which may lend toward viewing the site as a public accommodation. Other jurisdictions provide that ...


"The Tyranny Of The Majority" A Framework Proposal To Assess The Moral Justification Of Voter Identification Laws In The United States, Sally Jordan 2020 University of Mississippi

"The Tyranny Of The Majority" A Framework Proposal To Assess The Moral Justification Of Voter Identification Laws In The United States, Sally Jordan

Honors Theses

One of the most fundamental rights of democratic citizens is the right to vote. As a result, voters are entitled to equal opportunity to access the polls. Yet recently, states have begun instituting policies that impact individual access to polls, such as voter identification laws.

Since the 2013 dismantling of the Voting Rights Act, 35 states across the United States implemented voter identification laws varying in strictness and the forms of identification they accept. Numerous studies and articles have been written regarding the justification of these voter identification laws in conjunction with their disproportionate effects on certain minorities; however, many ...


The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries 2020 University of South Dakota

The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries

Honors Thesis

This thesis examines the relationship between LGBTQ+ representation on the political and theatrical stages. During some decades, LGBTQ+ theatre was dictated by the politics of the time period. During other times, theatre educated and filled the silence when the government and society turned the other way. By examining LGBTQ+ plays, musicals, and political events over the past century, there are clear themes that emerge. In both the theatrical and political arenas, LGBTQ+ representation has been limited by a concept called “repressive tolerance.” Every step of progress has been met with another restriction, ranging from stereotypical caricatures to legal discrimination. In ...


Saving Black Mothers: A Case For Midwifery, Tiffany Cardinale 2020 Germanna Community College

Saving Black Mothers: A Case For Midwifery, Tiffany Cardinale

Student Writing

No abstract provided.


Marginalization And Criminalization Of People With Mental Illness, Ariana Walker 2020 Germanna Community College

Marginalization And Criminalization Of People With Mental Illness, Ariana Walker

Student Writing

It is worth noting that people with a mental illness or disorder have a stigma around them that dictates how others treat them. With this stigma comes discrimination stemming from an already established opinion and experience with a person who has a mental illness. People who have a mental illness that affects their life are marginalized within our society, which means they get treated differently than the majority. This essay will serve as a discussion of the treatment history of mental disorders, forced institutionalization of the people, the impact deinstitutionalization had, and how this led to today’s problem of ...


Debt Bondage: How Private Collection Agencies Keep The Formerly Incarcerated Tethered To The Criminal Justice System, Bryan L. Adamson 2020 Seattle University School of Law

Debt Bondage: How Private Collection Agencies Keep The Formerly Incarcerated Tethered To The Criminal Justice System, Bryan L. Adamson

Northwestern Journal of Law & Social Policy

This Article examines the constitutionality of statutes which allow courts to transfer outstanding legal financial obligations to private debt collection agencies. In Washington State, the clerk of courts can transfer the legal financial obligation of a formerly incarcerated person if he or she is only thirty days late making a payment. Upon transfer, the debt collection agencies can assess a “collection fee” of up to 50% of the first $100.000 of the unpaid legal financial obligation, and up to 35% of the unpaid debt over $100,000. This fee becomes part of the LFO debt imposed at sentencing, and ...


Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk 2020 Northwestern Pritzker School of Law

Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk

Northwestern Journal of Law & Social Policy

Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records ...


Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs 2020 Northwestern Pritzker School of Law

Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs

Northwestern Journal of Law & Social Policy

Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment ...


The Superfluous Fifteenth Amendment?, Travis Crum 2020 Northwestern Pritzker School of Law

The Superfluous Fifteenth Amendment?, Travis Crum

Northwestern University Law Review

This Article starts a conversation about reorienting voting rights doctrine toward the Fifteenth Amendment. In advancing this claim, I explore an unappreciated debate—the “Article V debate”—in the Fortieth Congress about whether nationwide black suffrage could and should be achieved through a statute, a constitutional amendment, or both. As the first significant post-ratification discussion of the Fourteenth Amendment, the Article V debate provides valuable insights about the original public understandings of the Fourteenth and Fifteenth Amendments and the distinction between civil and political rights.

The Article V debate reveals that the Radical Republicans’ initial proposal for nationwide black suffrage ...


Digital Commons powered by bepress