Law Commons^™

Ricci V. Destefano: End Of The Line Or Just Another Turn On The Disparate Impact Road?, Charles A. Sullivan

NULR Online

Reports of the death of Title VII’s disparate impact theory of discrimination in the wake of Ricci v. DeStefano may be exaggerated. Widely praised and widely criticized in the newspapers and the blogosphere, Ricci is the latest, but not the last, chapter in a long-running feud between Congress and the Supreme Court regarding disparate impact.

As the Supreme Court summarized the theory in International Brotherhood of Teamsters v. United States,disparate impact discrimination is the use of “employment practices that are facially neutral in their treatment of different groups but that in fact fall more harshly on one group than …

A Lawyer's Worst Nightmare: The Story Of A Lawyer And His Nurse Clients Who Were Both Criminally Charged Because The Nurses Resigned En Mass, Mitchell H. Rubinstein

NULR Online

No abstract provided.

The Antidiscrimination Paradox: Why Sex Before Race?, Kimberly A. Yuracko

Faculty Working Papers

This paper seeks to explain a paradox: Why does Title VII's prohibition on sex discrimination currently look so much more expansive than its prohibition on race discrimination? Why in particular, do workers appear to be receiving greater protection for expressions of gender identity than for expressions of racial identity? I argue that as a doctrinal matter, the paradox is illusory—the product of a fundamental misinterpretation of recent sex discrimination case law by scholars. Rather than reflecting fundamentally distinct antidiscrimination principles, the race and sex cases in fact reflect the same traditional commitments to ending status discrimination and undermining group-based subordination. …

Are Women-Only Trade Unions Necessary In South Korea: A Study Of Women Workers' Struggles In Korea's Labor Market Comment , Gina Kong

Northwestern Journal of International Law & Business

Recently, in response to discriminatory laws, a gendered labor market, and male-dominated unions, Korean women workers organized women- only trade unions. This comment argues that the strategy of Korean women workers to unionize apart from mainstream labor unions is a necessary and positive movement. First, the comment examines the circumstances in which the organization of Korean women's trade unions became necessary to respond to the discrimination and mistreatment of women by the Korean labor market and the inadequacy of mainstream trade unions to protect women workers. Second, the comment examines how the Korean women's trade unions have been improving the …