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Articles 31 - 60 of 72
Full-Text Articles in Law
Two Wrongs Do Not Make A Defense: Eliminating The Equal-Opportunity-Harasser Defense, Shylah Miles
Two Wrongs Do Not Make A Defense: Eliminating The Equal-Opportunity-Harasser Defense, Shylah Miles
Washington Law Review
Sexual harassment is a prevalent problem in the American workplace that accounts for nearly sixty-four percent of all gender discrimination claims under Title VII. The equal-opportunity-harasser defense allows harassers who target both males and females to escape liability. Courts have allowed the defense because they have interpreted the "because of sex" element of a sexual harassment claim to require disparate treatment or a showing that the plaintiffs would not have been harassed if they were members of the opposite sex. An equal-opportunity harasser harasses both sexes and, therefore, plaintiffs cannot prove disparate treatment. This Comment argues that the disparate-treatment requirement …
The Reasonable Girl: A New Reasonableness Standard To Determine Sexual Harassment In Schools, Carrie L. Hoon
The Reasonable Girl: A New Reasonableness Standard To Determine Sexual Harassment In Schools, Carrie L. Hoon
Washington Law Review
The U.S. Supreme Court held in Davis v. Monroe County Board of Education that schools may be liable under Title IX of the 1972 Education Amendments for student-to-student hostile-environment sexual harassment. Although the Court required that conduct be severe, pervasive, and objectively offensive to qualify as sexual harassment under the statute, it did not establish an objective reasonableness standard to evaluate allegedly harassing conduct. In the context of Title VII employment-discrimination jurisprudence, some courts apply a reasonable-woman standard to determine what conduct is objectively hostile or abusive such that it constitutes actionable hostile-environment sexual harassment in the workplace. This Comment …
The Equal Pay Act As Appropriate Legislation Under Section 5 Of The Fourteenth Amendment: Can State Employers Be Sued?, Thane Somerville
The Equal Pay Act As Appropriate Legislation Under Section 5 Of The Fourteenth Amendment: Can State Employers Be Sued?, Thane Somerville
Washington Law Review
Congress may constitutionally abrogate state sovereign immunity only through legislation enacted pursuant to Section 5 of the Fourteenth Amendment to the U.S. Constitution. In Kimel v. Florida Board of Regents, the U.S. Supreme Court held the Age Discrimination in Employment Act to be inappropriate Section 5 legislation. Kimel was the first time the Court held an anti-discrimination statute enacted to protect civil rights inapplicable to the states. Based on the Kimel decision, other civil rights statutes, such as the Equal Pay Act (EPA), may face similar challenges. This Comment argues that the EPA is appropriate Section 5 legislation. Unlike …
Hate Exposed To The Light Of Day: Determining The Boy Scouts Of America's Expressive Purpose Solely From Objective Evidence, Cara J. Frey
Hate Exposed To The Light Of Day: Determining The Boy Scouts Of America's Expressive Purpose Solely From Objective Evidence, Cara J. Frey
Washington Law Review
In the 1980s, the U.S. Supreme Court took considerable steps toward decreasing the uncertainty surrounding an organization's associational freedoms by requiring an organization seeking to exclude individuals solely based on status to prove that its expressive purpose would be undermined if it included such members. However, these Supreme Court cases failed to establish any consistent approach to determining an organization's expressive purpose. Problems have arisen most acutely with the claims of gays seeking to be included in the Boy Scouts of America (BSA), an organization with a multifaceted and vague message. As the law now stands, courts have broad discretion …
Appearance Matters: A Proposal To Prohibit Appearance Discrimination In Employment, Elizabeth M. Adamitis
Appearance Matters: A Proposal To Prohibit Appearance Discrimination In Employment, Elizabeth M. Adamitis
Washington Law Review
The consideration of appearance in employment decisionmaking context is prevalent and widely accepted. Nonetheless, statutory protection against such discrimination remains limited. Federal protection applies only to claims related to already-protected categories of discrimination, including disability, race, color, religion, sex, national origin, and age. Only one state and a small number of cities and counties explicitly prohibit appearance discrimination in employment. This Comment argues that consideration of appearance in employment decisions is not justified, rational, or beneficial to society unless a bona fide occupational qualification or reasonable business purpose exists. States should adopt statutory protection for appearance to.protect otherwise qualified applicants …
Sex Discrimination And Insurance For Contraception, Sylvia A. Law
Sex Discrimination And Insurance For Contraception, Sylvia A. Law
Washington Law Review
Unintended pregnancy is a serious problem in the United States. Most private insurance plans do not pay for contraception even though they pay for other prescription drugs and devices. This Article argues that this pattern constitutes sex discrimination and is prohibited by Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act. It discusses the reasons this issue has been neglected and suggests ways federal and state officials might remedy this common form of gender discrimination.
Marital Status Discrimination In Washington: Relevance Of The Identity And Actions Of An Employee's Spouse, Katrina R. Kelly
Marital Status Discrimination In Washington: Relevance Of The Identity And Actions Of An Employee's Spouse, Katrina R. Kelly
Washington Law Review
Before 1993, Washington's employment anti-discrimination statute did not define the term "marital status," and courts interpreted the term broadly to include discrimination based upon the actions or identity of an employee's spouse. A 1993 amendment to the Law Against Discrimination added a definition of marital status. Although the Supreme Court of Washington has not yet considered the impact of this amendment, the dissent in Magula v. Benton Franklin TitlCeo . argued that the change in the statute should narrow the interpretation of marital status to exclude the identity and actions of an employee's spouse. This Comment argues that the scope …
Judicial Deference To Administrative Construction Of Washington's Law Against Discrimination: Griffin V Eller And Marquis V. City Of Spokane, Michael Spiro
Washington Law Review
Washington's Law Against Discrimination is a broad remedial statute, granting both a general civil right to be free from discrimination and prohibiting certain specific "unfair practices." Although no person may be prevented from bringing a cause of action to enforce his or her civil rights, the remedies available for unfair practices are more limited. The Washington State Human Rights Commission ("Commission") recognized this statutory distinction, interpreting the Law Against Discrimination ("Act") to grant independent contractors the right to bring a cause of action for violations of their civil rights and to confine the statute's small employer exemption to its own …
"Overpaid" Older Workers And The Age Discrimination In Employment Act, Stacey Crawshaw-Lewis
"Overpaid" Older Workers And The Age Discrimination In Employment Act, Stacey Crawshaw-Lewis
Washington Law Review
Congress passed the Age Discrimination in Employment Act (ADEA) to prohibit discrimination against older workers. The legislative history of the ADEA shows that Congress recognized that this discrimination most commonly stemmed from inaccurate stereotypes about the older worker. A review of ADEA cases decided between 1984 and 1995 demonstrates the frequent incidence of cases in which older workers allegedly were fired or not hired because of the higher salaries typically earned by these relatively experienced workers. This review also reveals that, applying an unduly mechanical version of the McDonnell Douglas/Burdine test, courts did not effectively identify (1) employment actions purportedly …
From Freeman To Brown And Back Again: Principle, Pragmatism, And Proximate Cause In The School Desegregation Decisions, David Crump
Washington Law Review
A court deciding a constitutional case should announce a clear principle, one that the people can easily understand and follow. At the same time, such a decision should be pragmatic, in that it should effectively accomplish its goals while treating all affected persons fairly. The simultaneous fulfillment of these two criteria, however, can sometimes be extraordinarily difficult. In this article, Professor Crump considers how well the school desegregation remedies ordered by the Supreme Court fit the tests of principle and pragmatism. He concludes that the early decisions, as well as many of the later ones, do not achieve both goals, …
Protecting Individuals From Sex Discrimination: Compensatory Relief Under Title Ix Of The Education Amendments Of 1972, Pamela W. Kernie
Protecting Individuals From Sex Discrimination: Compensatory Relief Under Title Ix Of The Education Amendments Of 1972, Pamela W. Kernie
Washington Law Review
Title IX of the Education Amendments of 1972 prohibits sex discrimination by educational institutions that receive federal financial assistance. While federal courts agree that the purpose of Title IX is to protect individuals from sex discrimination, they are divided on the issue of whether compensatory damages are an available remedy to Title IX plaintiffs. This Comment discusses the limitations inherent in the enforcement of Title IX in the absence of a damages remedy and urges the Supreme Court to hold that damages are an available remedy.
Civil Rights: A Call For Qualified Legislative Immunity For City Council Members Under 442 U.S.C. § 1983, Kevin R. Cole
Civil Rights: A Call For Qualified Legislative Immunity For City Council Members Under 442 U.S.C. § 1983, Kevin R. Cole
Washington Law Review
If a city council member engages in legislative conduct that violates a person's clearly established, federally protected rights, should the council member ever be personally liable for civil damages under 42 U.S.C. § 1983? By the end of the 1980s, eight circuit courts of appeals found that absolute legislative immunity prevented local legislators from being held personally liable for their legislative acts. This majority position is misguided. Legal analysis and public policy support qualified, rather than absolute, legislative immunity for city council members in section 1983 cases. Under a rule of qualified legislative immunity, the council member would be liable …
Indirect Discrimination Under Title Vii: Expanding Male Standing To Sue For Injuries Received As A Result Of Employer Discrimination Against Females, N. Morrison Torrrey
Indirect Discrimination Under Title Vii: Expanding Male Standing To Sue For Injuries Received As A Result Of Employer Discrimination Against Females, N. Morrison Torrrey
Washington Law Review
Historically, both men and women have had the right to seek redress under Title VII of the Civil Rights Act of 1964 for injuries they have received as a result of sex discrimination. In recent years, the federal circuits have split on whether to give men standing in one particular category of such cases: employment discrimination cases where, although both men and women have been injured, the discrimination has been targeted only at women. The author analyzes the recent male standing cases in the context of basic standing principles and their past application to other types of Title VII plaintiffs. …
Aids Discrimination By Medical Care Providers: Is Washington Law An Adequate Remedy?, Joseph Reiner
Aids Discrimination By Medical Care Providers: Is Washington Law An Adequate Remedy?, Joseph Reiner
Washington Law Review
Discrimination against AIDS patients by medical care providers violates antidiscrimination law. In evaluating legal tools to enforce fair AIDS care, this Comment focuses primarily on the federal Rehabilitation Act of 1973, and Washington's recently amended antidiscrimination and public health law. Discriminatory acts are difficult to defend under these laws. Nonetheless, existing law is inadequate for combating AIDS discrimination because the law is underused by AIDS patients and vague. This Comment recommends expressly banning the common forms of medical care discrimination, and requiring heightened human immunodeficiency virus ("HIV") testing standards, as important steps towards creating effective AIDS antidiscrimination law.
Aids Discrimination By Medical Care Providers: Is Washington Law An Adequate Remedy?, Joseph Reiner
Aids Discrimination By Medical Care Providers: Is Washington Law An Adequate Remedy?, Joseph Reiner
Washington Law Review
Discrimination against AIDS patients by medical care providers violates antidiscrimination law. In evaluating legal tools to enforce fair AIDS care, this Comment focuses primarily on the federal Rehabilitation Act of 1973, and Washington's recently amended antidiscrimination and public health law. Discriminatory acts are difficult to defend under these laws. Nonetheless, existing law is inadequate for combating AIDS discrimination because the law is underused by AIDS patients and vague. This Comment recommends expressly banning the common forms of medical care discrimination, and requiring heightened human immunodeficiency virus ("HIV") testing standards, as important steps towards creating effective AIDS antidiscrimination law.
Bootstrapping A Malice Requirement Into Adea Liquidated Damage Awards—Dreyer V. Arco Chemical, 801 F.2d 651 (3d Cir. 1986), Cert. Denied, 55 U.S.L.W. 3586 (U. S. Mar. 2, 1987) (No. 86-1062), Rebecca Marshall
Washington Law Review
In Dreyer v. ARCO Chemical, the Third Circuit announced a standard for double damage awards under the Age Discrimination in Employment Act (ADEA) that departs radically from the standard the Supreme Court deemed acceptable in Trans World Airlines v. Thurston. The ADEA protects employees over forty from discrimination on the basis of age. In order to enforce the Act, Congress created a two-tier remedy scheme: one, equitable and legal remedies to reimburse discrimination victims; and two, liquidated damages (hereinafter "double damages") to punish and deter employers from committing "willful" violations. Although the Third Circuit correctly identified a possible internal inconsistency …
Washington's Retreat From Civil Rights Enforcement—Meyer V. University Of Washington, 105 Wn. 2d 847, 719 P.2d 98 (1986), Jack Warner Widell
Washington's Retreat From Civil Rights Enforcement—Meyer V. University Of Washington, 105 Wn. 2d 847, 719 P.2d 98 (1986), Jack Warner Widell
Washington Law Review
Congress passed the Civil Rights Attorneys' Fees Awards Act of 1976 (the Fees Act) to provide fees sufficient to attract competent counsel for civil rights plaintiffs, and thereby to promote private enforcement of civil rights laws. Ten years later, in Meyer v. University of Washington, the Washington Supreme Court transformed the Fees Act into a shield for civil rights violators which will deter bona fide civil rights claims. This Note reviews the history of the Fees Act, critiques the Meyer court's analysis of the Act, and proposes alternate methods of evaluating claims of prevailing defendants. The Meyer court misinterpreted the …
Politics And Principles: An Assessment Of The Roosevelt Record On Civil Rights And Liberties, Peter Irons
Politics And Principles: An Assessment Of The Roosevelt Record On Civil Rights And Liberties, Peter Irons
Washington Law Review
The central focus of this article is on the role played in these episodes by the U.S. Department of Justice, the primary federal agency entrusted with law enforcement duties and powers. In particular, the role of the attorney general as the department's titular head and as the personification of federal enforcement of civil rights and liberties provides this article with its analytic framework. A recent press commentary put this crucial cabinet post in perspective: "More than anyone but the President himself, it is the Attorney General who sets the moral tone of an Administration, symbolizing its commitment or lack of …
In Quest Of Brown's Promise: Social Research And Social Values In School Desegregation, Wallace D. Loh
In Quest Of Brown's Promise: Social Research And Social Values In School Desegregation, Wallace D. Loh
Washington Law Review
There is perhaps no better setting in which to discuss the role of social research in the courts than that of school desegregation. From its early, rural, southern beginnings in Brown to its present, urban, northern manifestation in the Detroit case of Milliken v. Bradley, empirical evidence has been used in the litigation. In 1954, the Supreme Court declared that "[s]eparate educational facilities are inherently unequal" and ruled that the separate-but-equal doctrine of Plessy v. Ferguson—which for half a century had legitimated Jim Crow legislation—had "no place" in the public schools. Eleanor Wolf, Professor of Sociology at Wayne State University, …
United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki
United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki
Washington Law Review
It is well known to those involved in the world of employment-discrimination law that in 1974 the United Steelworkers of America and Kaiser Aluminum & Chemical Corporation entered into a collective-bargaining agreement which provided for a new on-the-job training program designed solely to correct the virtually total absence of blacks in Kaiser's craft workforce. Fifty percent of the trainees were to be black. Brian Weber, a white production worker who failed to obtain a position in the program, instituted a class action suit alleging that the affirmative action plan discriminated against him and his white colleagues in violation of Title …
United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki
United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki
Washington Law Review
It is well known to those involved in the world of employment-discrimination law that in 1974 the United Steelworkers of America and Kaiser Aluminum & Chemical Corporation entered into a collective-bargaining agreement which provided for a new on-the-job training program designed solely to correct the virtually total absence of blacks in Kaiser's craft workforce. Fifty percent of the trainees were to be black. Brian Weber, a white production worker who failed to obtain a position in the program, instituted a class action suit alleging that the affirmative action plan discriminated against him and his white colleagues in violation of Title …
Constitutional Law—Sex Discrimination Under The Equal Rights Amendment—Marchioro V. Chaney, 90 Wn. 2d 298, 582 P.2d 487 (1978), Prob. Juris. Noted, 99 S. Ct. 718 (1979), Irene Hecht
Washington Law Review
Two of several statutes governing the composition and organization of the major political parties in Washington, R.C.W. § 29.42.020 and R.C.W. § 29.42.030, require that certain pairs of party representatives consist of one man and one woman. Following an intraparty dispute various interested persons filed suit, challenging, inter alia, the constitutionality of R.C.W. §§ 29.42.020-.030 under Washington's Equal Rights Amendment (ERA). The trial court granted the plaintiffs summary judgment on this claim. In a five to four decision the Washington Supreme Court reversed, upholding the constitutionality of both statutes under the ERA because they did not discriminate on the basis …
Beyond Bakke—The Use Of Noncognitive Factors In Professional School Admissions Decisionmaking, Catherine Wright Smith
Beyond Bakke—The Use Of Noncognitive Factors In Professional School Admissions Decisionmaking, Catherine Wright Smith
Washington Law Review
This comment suggests that professional schools constitutionally need not and, as a matter of policy, should not be deterred from considering at least some noncognitive criteria in admissions decisions. An exhaustive constitutional analysis of the standard of inquiry appropriate for each noncognitive criterion is not attempted. Instead, the comment shows in Part I that, regardless of the standard of scrutiny applied, any constitutional adjudication will involve some inquiry into the relationship between the school's articulated admissions goals and the admissions criteria used to implement them. The focus of the comment, then, is to analyze those goals that are typically advanced …
Bradwell V. State: Some Reflections Prompted By Myra Bradwell's Hard Case That Made "Bad Law", Charles E. Corker
Bradwell V. State: Some Reflections Prompted By Myra Bradwell's Hard Case That Made "Bad Law", Charles E. Corker
Washington Law Review
Bradwell and Slaughter-House deserve study together for a second reason. These two decisions provide useful lessons for our time about the Equal Rights Amendment (ERA).10 They demonstrate that the consequences of a constitutional amendment—particularly one written in abstract and grand terms like the fourteenth amendment or the ERA—are unpredictable and dependent upon imponderables such as the sequence of cases on the Court's calendar.
Title Vii: Legal Protection Against Sexual Harassment, Kerri Weisel
Title Vii: Legal Protection Against Sexual Harassment, Kerri Weisel
Washington Law Review
This comment will focus on the three major themes raised by these decisions: (1) whether sexual harassment is or can be gender-based; (2) whether or not the supervisor must be treated as the representative of the employer; and (3) whether recognition of a Title VII cause of action will inundate the courts with unfounded claims of harassment. After exploring the approaches and analyses of the various courts, the comment concludes that sexual harassment can constitute a violation of Title VII's prohibition against sex discrimination; and that whether it does or not is basically a question of fact.
The Paradox Of Preferential Treatment—Reverse Discrimination—The Implications Of Lindsay V. City Of Seattle, 86 Wn. 2d 698, 548 P.2d 320, Cert. Denied Sub Nom. Brabant V. City Of Seattle, 97 S. Ct. 237 (1976), Kerry Radcliffe
Washington Law Review
In upholding a municipal affirmative action plan, Lindsay provides a point of departure for an analysis of the reverse discrimination questions inherent in such plans. Following a brief history of the development of preferential employment remedies and an examination of the Lindsay decision, this note will evaluate preferential relief and reverse discrimination within the framework of Lindsay, Title VII of the Civil Rights Act of 1964, and recent court decisions. Applicability of the Lindsay methodology to future reverse discrimination cases will be examined in light of apparent Supreme Court approval of a reverse discrimination cause of action under Title VII. …
Civil Rights—The Supreme Court's Terrible Swift Sword: The Civil Rights Act Of 1866 And The Reconstruction Of Private Schools—Runyon V. Mccrary, 427 U.S. 160 (1976), Gerald Bresslour
Washington Law Review
Plaintiffs, black children, were denied admission to defendants' private schools solely on the basis of race. The children's parents had made applications for admission in response to brochures mailed to "resident" and advertisements directed to the general public. Alleging that defendants had violated 42 U.S.C. § 1981 by denying plaintiffs the same right to enter into contracts that was enjoyed by white applicants, plaintiffs filed a class action suit in federal district court. The district court enjoined defendants and intervenor Southern Independent School Association from further racial discrimination in their admission practices. A divided Court of Appeals for the Fourth …
Federal Jurisdiction—Civil Rights: A Federal Remedy Against Private Class Discrimination Under 42 U.S.C. § 1985(3) (1970)—Griffin V. Breckenridge, 403 U.S. 88 (1971), Anon
Washington Law Review
Plaintiffs, black citizens of Mississippi, sued in federal court under 42 U.S.C. § 1985(3) alleging that defendants, white citizens of Mississippi, had conspired to deprive them of the equal protection of the laws and equal privileges and immunities under the law. Plaintiffs' claim arose out of an incident during which defendants, under the mistaken belief that a person in the company of plaintiffs was a civil rights worker, stopped plaintiffs' car on a public highway, forced them from the car and physically assaulted them. The district court dismissed the suit on the ground that section 1985(3) reached only conspiracies under …
Remedies For Racial Discrimination In Employment: A Comparative Evaluation Of Forums, Cornelius J. Peck
Remedies For Racial Discrimination In Employment: A Comparative Evaluation Of Forums, Cornelius J. Peck
Washington Law Review
Enactment of Title VII of the Civil Rights Act of 1964, with a provision for the awarding of attorneys' fees, opened new opportunities for attorneys in private practice to represent victims of employment discrimination. Within recent years the Act has been predominate in litigation involving racial discriminaton in employment, but imaginative attorneys appealing to innovative courts have used other statutory and common law sources for fashioning relief. The 1866 Civil Rights Act, by analogy to its recent application to discriminatory housing practices, offers an important remedy against racial discrimination to employees. It also promises a protection, not found in Title …
Legal Restraints On Racial Discrimination In Employment, By Michael I. Sovern (1966), F. Ray Marshall
Legal Restraints On Racial Discrimination In Employment, By Michael I. Sovern (1966), F. Ray Marshall
Washington Law Review
No abstract provided.