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Full-Text Articles in Law
Who's The Boss? A Distinction Without A Difference, Lakisha A. Davis
Who's The Boss? A Distinction Without A Difference, Lakisha A. Davis
Barry Law Review
This case note provides the factual background of Vance v. Ball State and briefly summarizes the legal precedent behind the decision. It analyzes the opinion of the Court, suggesting that the decision severely limited the essential protections against workplace harassment provided by Title VII, consequently making it more difficult for employees to prove employer vicarious liability for workplace harassment.
War And Peace Between Title Vii's Disparate Impact Provision And The Equal Protection Clause: Battling For A Compelling Interest, Eang L. Ngov
Faculty Scholarship
“[T]he war between disparate impact and equal protection will be waged sooner or later, and it behooves us to begin thinking about how – and on what terms – to make peace between them.” This Article addresses Justice Scalia’s premonition in Ricci v. DeStefano by providing an analysis of how that war may be waged and whether peace can be made between Title VII’s disparate impact provision and the Equal Protection Clause. Ricci involved a challenge to the City of New Haven’s decision to void the test results of an examination required for promotion within the City’s fire department. The …