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Full-Text Articles in Law
Another Hair Piece: Exploring New Strands Of Analysis Under Title Vii, Angela Onwuachi-Willig
Another Hair Piece: Exploring New Strands Of Analysis Under Title Vii, Angela Onwuachi-Willig
Faculty Scholarship
This Essay re-examines antidiscrimination case law that allows employers to enforce hair grooming policies that prohibit natural hairstyles for black women, such as braids, locks, and twists. In so doing, this Essay sets forth an intersectional, biological - as opposed to cultural - argument for why such bans are discriminatory under Title VII. Specifically, this Essay argues that antidiscrimination law fails to address intersectional race and gender discrimination against black women through such grooming restrictions because it does not recognize braided, twisted, and locked hairstyles as black-female equivalents of Afros, which are protected as racial characteristics under existing law. The …
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 …
Babes And Beefcake: Exclusive Hiring Arrangements And Sexy Dress Codes, Ann C. Mcginley
Babes And Beefcake: Exclusive Hiring Arrangements And Sexy Dress Codes, Ann C. Mcginley
Scholarly Works
Las Vegas casinos exclusively hire women to serve cocktails on the casino floor, dressing them in tight-fitting, sexy, uncomfortable costumes and high heels. The exclusive hiring of women as cocktail servers violates Title VII's prohibition against sex discrimination unless the employer can demonstrate that being a woman is a bona fide occupational qualification ("BFOQ") for the job of cocktail server. Sitting en banc, the Ninth Circuit Court of Appeals recently decided Jespersen v. Harrah's Operating Co., which concluded that sex-differentiated appearance and grooming codes are legal in jobs held by both men and women unless they impose unequal burdens on …
Employment Discrimination: Recent Developments In The Supreme Court, Eileen Kaufman
Employment Discrimination: Recent Developments In The Supreme Court, Eileen Kaufman
Scholarly Works
No abstract provided.
Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt
Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt
Law Faculty Scholarly Articles
Since the adoption of Title VII of the Civil Rights Act of 1964, courts have been called upon to determine whether an employer can avoid liability for refusing to hire employees of one sex by invoking the privacy rights of its customers. Two recent court decisions are illustrative of the question and its resolution. In Backus v. Baptist Medical Center, the defendant employer's policy of excluding male nurses from the labor and delivery section of its obstetrics and gynecology department was challenged. The defendant established that most of the duties of a labor and delivery nurse involve exposure to …