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Civil Rights and Discrimination
University of Michigan Law School
- Keyword
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- #MeToo movement (1)
- 251 N.L.R.B. 1083 (1980) (1)
- Anti-LGBTQ+ discrimination (1)
- Bostock v Clayton County (1)
- Class-wide relief (1)
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- Confidentiality prohibitions (1)
- Discrimination claims and violations (1)
- Disparate treatment (1)
- Employer conduct (1)
- Employer liability (1)
- Equal Rights Amendment (1)
- Fair Housing Act (1)
- Fox News (1)
- Gender identity (1)
- Homeless shelters (1)
- National Labor Relations Act (NLRA) (1)
- Retaliation (1)
- Section 7 activity (1)
- Sex discrimination and harassment (1)
- Sexual harassment law (1)
- Sexual misconduct and harassment (1)
- Sexual orientation (1)
- Systemic workplace harassment (1)
- Title VII of the Civil Rights Act of 1964 (1)
- Toxic workplace cultures (1)
- Uber (1)
- Wal-Mart v. Dukes (1)
- Wright Line (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
The Times They Are A-Changin’?: #Metoo And Our Movement Forward, Terry Morehead Dworkin, Cindy A. Schipani
The Times They Are A-Changin’?: #Metoo And Our Movement Forward, Terry Morehead Dworkin, Cindy A. Schipani
University of Michigan Journal of Law Reform
Social movements like #MeToo have gained public traction like never before. In this Article, we place those developments within their historical context and chart a path forward. First, we provide a history of the prior unsuccessful attempts to ratify an Equal Rights Amendment, and we discuss that effort’s current legal status and prospects. Then, we briefly review the history of sexual harassment law. Having outlined this historical context, we move to contemporary developments. We describe actions that state legislatures and local municipalities have taken to address the concerns raised by the #MeToo movement. Finally, we discuss how inflection points can …
Liability For Toxic Workplace Cultures, Dana Florczak
Liability For Toxic Workplace Cultures, Dana Florczak
University of Michigan Journal of Law Reform
Title VII is meant to protect employees from discrimination and has historically been a crucial tool for creating social change in the workplace. But when considering modern-day workplace discrimination wrought by “toxic workplace cultures” defined herein, Title VII’s frameworks for confronting systemic discrimination prove outdated and ineffective. This Note proposes the codification of a new theory of discrimination under Title VII targeting toxic workplace cultures, with substantive and procedural elements working in tandem to better enable plaintiffs to collectively bring actions to hold employers accountable for fostering discriminatory environments. Part I defines toxic workplace cultures and walks through case studies …
Sexual Orientation, Gender Identity, And Homelessness Post-Bostock, Alaina Richert
Sexual Orientation, Gender Identity, And Homelessness Post-Bostock, Alaina Richert
University of Michigan Journal of Law Reform
Housing discrimination on the basis of sexual orientation and gender identity is a critical problem facing LGBTQ+ people in the United States. In addition, LGBTQ+ people, particularly transgender people, disproportionately suffer from homelessness and face discrimination by homeless shelters on the basis of sexual orientation and gender identity. This homelessness and discrimination both disproportionately affect transgender people of color. This Note makes two contributions that would enable courts to grant meaningful relief in these contexts. First, it argues that “sex” in the Fair Housing Act includes sexual orientation and gender identity after the holding in Bostock v. Clayton County. Second, …
Wrong Line: Proposing A New Test For Discrimination Under The National Labor Relations Act, Joshua D. Rosenberg Daneri, Paul A. Thomas
Wrong Line: Proposing A New Test For Discrimination Under The National Labor Relations Act, Joshua D. Rosenberg Daneri, Paul A. Thomas
University of Michigan Journal of Law Reform
There has long been a consensus among scholars and union-side practitioners that the National Labor Relations Act (NLRA) is under-enforced. As a result, employers often treat violations of the NLRA as a cost of doing business rather than a serious violation of a federal statute. Calls for reform have historically tended to propose legislative amendments to the NLRA to constrain employer conduct and impose greater consequences for discrimination violations. However, little attention has been given to improving the flawed legal test by which such discrimination is analyzed, Wright Line, 251 N.L.R.B. 1083 (1980), enforced 662 F.2d 899 (1st Cir. 1981), …