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Full-Text Articles in Law

Clarifying Stereotyping, Kerri Lynn Stone Aug 2017

Clarifying Stereotyping, Kerri Lynn Stone

Kerri Stone

This Article addresses the largely undefined, misunderstood-yet-often-resorted-to concept of “stereotyping” as a basis for, or sufficient evidence of, liability for employment discrimination. Since, the concept’s genesis in Supreme Court jurisprudence in 1989, Price Waterhouse v. Hopkins, plaintiffs have proffered remarks alleged to be tinged with, or indicating the presence of, impermissible stereotypes as evidence of discrimination based on protected-class status – be that sex, race, color, religion, or national origin – in contravention of Title VII of the Civil Rights Act of 1964. The Article examines the language in Hopkins and its precise mandates and guidance for lower courts. It …


Amicus Curiae Brief Of Equality Ohio In Support Of Intervenor Urging Reversal, Doron M. Kalir, Kenneth J. Kowalski Apr 2017

Amicus Curiae Brief Of Equality Ohio In Support Of Intervenor Urging Reversal, Doron M. Kalir, Kenneth J. Kowalski

Law Faculty Briefs and Court Documents

Title VII’s plain language bars discharge of “any individual”—whether transgender or not—“because of such individual’s . . . sex.” It applies whenever employers take gender into account in making employment decisions. It is undisputed that the employer in this case based his decision to terminate Ms. Stephens solely on sex-based considerations. To be sure, he could have terminated Ms. Stephens for a wide array of reasons—tardiness, failure to perform, disciplinary issues—or for no reason at all. Under those circumstances, such termination—even of a transgender person—would not be “because of such individual’s sex.” But that is not the case here. Here, …


Transgender Rights Without A Theory Of Gender?, Paisley Currah Apr 2017

Transgender Rights Without A Theory Of Gender?, Paisley Currah

Publications and Research

Why do courts and legislatures ban discrimination based on gender, and increasingly, gender identity, but exempt grooming and dress codes from the protections these laws offer? I argue that culpability for the courts’ and legislatures’ defense of hegemonic gender norms cannot be assigned to transgender rights movement, as some have done. These norms do not regulate only transgender people, they are not minoritizing—and neither should be the politics that seeks to transform them. The thought experiment of this review essay was to sever the analysis of particular political strategies from various assumptions about what gender really is. Agreement on the …


Frontiers Of Sex Discrimination Law, Jessica A. Clarke Apr 2017

Frontiers Of Sex Discrimination Law, Jessica A. Clarke

Michigan Law Review

Review Gender Nonconformity and the Law by Kimberly A. Yuracko.


Against Gay Potemkin Villages: Title Vii And Sexual Orientation Discrimination, Anthony Michael Kreis Mar 2017

Against Gay Potemkin Villages: Title Vii And Sexual Orientation Discrimination, Anthony Michael Kreis

All Faculty Scholarship

Should Title VII allow employers to invoke a “love the sin, hate the sinner” defense to escape liability for firing lesbians, gays, and bisexuals? According to one prominent federal judge, the answer is “yes.”This Essay examines federal judges’ evolving and correct recognition that sexual orientation discrimination claims are colorable under Title VII’s existing framework. The Essay compares the arguments concerning the actionability of sexual orientation claims laid forth in the Second Circuit (Christiansen v. Omnicom), the 7th Circuit (Hively v. Ivy Tech), and the Eleventh Circuit (Evans v. Georgia Regional Hospital).The Essay argues against the position taken by one member …


Make-Whole Or Make-Short? How Courts Have Misread Title Vii's Limitations Period To Truncate Relief In Eeoc Pattern-Or-Practice Cases, Sara A. Fairchild Jan 2017

Make-Whole Or Make-Short? How Courts Have Misread Title Vii's Limitations Period To Truncate Relief In Eeoc Pattern-Or-Practice Cases, Sara A. Fairchild

American University Law Review

No abstract provided.


The Price Of Price Waterhouse: How Title Vii Reduces The Lives Of Lgbt Americans To Sex And Gender Stereotypes, Drew Culler Jan 2017

The Price Of Price Waterhouse: How Title Vii Reduces The Lives Of Lgbt Americans To Sex And Gender Stereotypes, Drew Culler

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Transsexual, Transgender, Trans: Reading Judicial Nomenclature In Title Vii Cases, Kris Franklin, Sarah Chinn Jan 2017

Transsexual, Transgender, Trans: Reading Judicial Nomenclature In Title Vii Cases, Kris Franklin, Sarah Chinn

Articles & Chapters

No abstract provided.


Supreme Court Denies Review In Gay Rights Case, Arthur S. Leonard Jan 2017

Supreme Court Denies Review In Gay Rights Case, Arthur S. Leonard

Other Publications

No abstract provided.


Scotus Denies Review In Gay Rights Case, Arthur S. Leonard Jan 2017

Scotus Denies Review In Gay Rights Case, Arthur S. Leonard

Other Publications

No abstract provided.


Overreach And Innovation In Equality Regulation, Olatunde C.A. Johnson Jan 2017

Overreach And Innovation In Equality Regulation, Olatunde C.A. Johnson

Faculty Scholarship

At a time of heightened concern about agency overreach, this Article highlights a less appreciated development in agency equality regulation. Moving beyond traditional bureaucratic forms of regulation, civil rights agencies in recent years have experimented with new forms of regulation to advance inclusion. This new "inclusive regulation" can be described as more open ended, less coercive, and more reliant on rewards, collaboration, flexibility, and interactive assessment than traditional modes of civil rights regulation. This Article examines the power and limits of this new inclusive regulation and suggests a framework for increasing the efficacy of these new modes of regulation.


A Battle Over Statutory Interpretation: Title Vii And Claims Of Sexual Orientation And Gender Identity Discrimination, Arthur S. Leonard Jan 2017

A Battle Over Statutory Interpretation: Title Vii And Claims Of Sexual Orientation And Gender Identity Discrimination, Arthur S. Leonard

Other Publications

No abstract provided.


Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr. Jan 2017

Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr.

Law Faculty Articles and Essays

This article is set forth in five parts. Part II is largely descriptive and focuses on two aspects of Obergefell: (1) the Court's clarification that adult, private, consensual, same-sex sexual intimacy is a fundamental right, protected by the U.S. Constitution's Fourteenth Amendment Due Process Clause and (2) the Court's recognition that leading mental health and medical groups consider sexual orientation to be immutable. Part III examines how courts and the EEOC have treated sexual orientation discrimination under Title VII and contains a normative discussion which argues—consistent with the position of other commentators, some courts, and the EEOC—that sexual orientation …