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Full-Text Articles in Law

Seniority Systems And Title Vii, Arthur J. Marinelli Jul 2015

Seniority Systems And Title Vii, Arthur J. Marinelli

Akron Law Review

Seniority provisions frequently work to the disadvantage of minorities because earlier employment discrimination, prior to the passage of the Civil Rights Act of 1964,1 leaves them with fewer years of service. A conflict is thus created between the tradition of seniority and the goals of equal opportunity and affirmative action. The applicability of Title VII to seniority systems and the affirmative action tools for achieving the national policy of equal opportunity will be the focus of this article.


Evening The Odds: The Case For Attorneys' Fee Awards For Administrative Resolution Of Title Vi And Title Vii Disputes, Marjorie A. Silver Jan 2011

Evening The Odds: The Case For Attorneys' Fee Awards For Administrative Resolution Of Title Vi And Title Vii Disputes, Marjorie A. Silver

Marjorie A. Silver

In this Article Professor Silver addresses the shifting of attorneys' fees in administratively resolved claims under Titles VI and VII of the Civil Rights Act of 1964. Professor Silver begins by establishing Congress' commitment to provide informal methods for resolving disputes under these statutes and its intent to use fee-shifting provisions as a means of inducing effective access to counsel. She then discusses the United States Supreme Court's decision in North Carolina Department of Transportation v. Crest Street Community Council, Inc. and contrasts its reasoning with two earlier Court decisions dealing with administrative proceedings and attorneys' fees. Professor Silver argues …


Turning Title Vii's Protection Against Retaliation Into A Never-Fulfilled Promise, Jessica L. Beeler Oct 2010

Turning Title Vii's Protection Against Retaliation Into A Never-Fulfilled Promise, Jessica L. Beeler

Golden Gate University Law Review

Part I also explains the varied standards that were previously used when deciding what constitutes an adverse employer action and how the Supreme Court's recent decision in Burlington Northern resolved a split among the circuits. In Burlington Northern, the Supreme Court adopted a deterrence test to define adverse employer actions, which means the employer action must be harmful to the point that it would deter a reasonable employee of complaining of discrimination. Part II analyzes the actual effects of this decision, focusing in particular on DeHart. It shows how DeHart misapplied the deterrence standard by focusing on whether the employer …


Making-Up Conditions Of Employment: The Unequal Burdens Test As A Flawed Mode Of Analysis In Jespersen V. Harrah's Operating Co., Megan Kelly Oct 2010

Making-Up Conditions Of Employment: The Unequal Burdens Test As A Flawed Mode Of Analysis In Jespersen V. Harrah's Operating Co., Megan Kelly

Golden Gate University Law Review

Part I of this Note reviews Title VII and foundational caselaw, including cases regarding sex discrimination and appearance standards. Part II examines the Ninth Circuit's Jespersen opinion. Part III compares the Supreme Court decision in Price Waterhouse v. Hopkins, which expanded Title VII protection to include gender stereotyping, with the Jespersen holding. Part III also explores a Seventh Circuit case, Carroll v. Talman Federal Savings and Loan Association of Chicago, and Judge Thomas's dissent in Jespersen, which both argue for inclusion of less tangible factors such as gender stereotyping in the unequal burdens test. Part III finally contends that the …


Environmental Justice Enforcement Requires Reassessment Under The Equal Protection Clause, Title Vi Of The Civil Rights Act, And Environmental Statutes, Kenneth Owen Sep 2010

Environmental Justice Enforcement Requires Reassessment Under The Equal Protection Clause, Title Vi Of The Civil Rights Act, And Environmental Statutes, Kenneth Owen

Golden Gate University Law Review

This article will suggest what is required to prevail under the purposeful discrimination standard under the Equal Protection Clause and Title VI of the Civil Rights Act of 1964. Interestingly, no equal protection environmental justice case or Title VI action has been presented to a jury charged with determining the factual issue of intent. The author will next explore the possibility of winning environmental justice cases under the citizen suit provisions that are part of most environmental statutes. Lastly, the author will suggest arguments to possible defenses that might be raised by defendants.


Civil Rights - Evolution Of The Hostile Workplace Claim Under Title Vii: Only Sensitive Men Need Apply, Sheryl Hahn Sep 2010

Civil Rights - Evolution Of The Hostile Workplace Claim Under Title Vii: Only Sensitive Men Need Apply, Sheryl Hahn

Golden Gate University Law Review

No abstract provided.


Title Vii As Censorship: Hostile Environment Harassment And The First Amendment, Kingsley R. Browne Jan 1991

Title Vii As Censorship: Hostile Environment Harassment And The First Amendment, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.


Evening The Odds: The Case For Attorneys' Fee Awards For Administrative Resolution Of Title Vi And Title Vii Disputes, Marjorie A. Silver Jan 1989

Evening The Odds: The Case For Attorneys' Fee Awards For Administrative Resolution Of Title Vi And Title Vii Disputes, Marjorie A. Silver

Scholarly Works

In this Article Professor Silver addresses the shifting of attorneys' fees in administratively resolved claims under Titles VI and VII of the Civil Rights Act of 1964. Professor Silver begins by establishing Congress' commitment to provide informal methods for resolving disputes under these statutes and its intent to use fee-shifting provisions as a means of inducing effective access to counsel. She then discusses the United States Supreme Court's decision in North Carolina Department of Transportation v. Crest Street Community Council, Inc. and contrasts its reasoning with two earlier Court decisions dealing with administrative proceedings and attorneys' fees. Professor Silver argues …


Pasadena City Board Of Education V. Spangler, Lewis F. Powell Jr. Oct 1975

Pasadena City Board Of Education V. Spangler, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Of Storks And Foxes: Employment Testing And Back Pay Jan 1974

Of Storks And Foxes: Employment Testing And Back Pay

Maryland Law Review

No abstract provided.