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Full-Text Articles in Law
Not On The Menu, Kathryn Casteel, Zameena Mejia
Not On The Menu, Kathryn Casteel, Zameena Mejia
Capstones
The element of “unwelcomeness” and the burden of proof on the plaintiff to prove sexual conduct in the workplace is one of the flaws of Title VII that make it difficult to protect victims of sexual harassment. This is particularly true in restaurants where a sexual environment is often thought of as “part of the job.” Formal complaint systems, if available, in restaurants are often flawed, even though they can pose as an affirmative defense for the defendant if they are available and a victim does not file a complaint. In the cases examined, all involved an accused supervisor or …
When The Customer Is King: Employment Discrimination As Customer Service, Lu-In Wang
When The Customer Is King: Employment Discrimination As Customer Service, Lu-In Wang
Articles
Employers profit from giving customers opportunities to discriminate against service workers. Employment discrimination law should not, but in many ways does, allow them to get away with it. Employers are driven by self-interest to please customers, whose satisfaction is critical to business success and survival. Pleasing customers often involves cultivating and catering to their discriminatory expectations with respect to customer service — including facilitating customers’ direct discrimination against workers.
Current doctrine allows employers to escape responsibility for customers’ discrimination against workers because it takes an overly narrow view of the employment relationship. The doctrine focuses on the formal lines of …