Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Labor and Employment Law

University of Michigan Law School

Bias

Articles 1 - 3 of 3

Full-Text Articles in Law

What Will Diversity On The Bench Mean For Justice?, Theresa M. Beiner Jan 1999

What Will Diversity On The Bench Mean For Justice?, Theresa M. Beiner

Michigan Journal of Gender & Law

This article is aimed at the general question: whether having a woman judge would make a difference in sexual harassment cases. This article is aimed at this general question, the response to which has been elusive: Does the race, gender, or other background characteristics of a judge make a difference in the outcome of cases? The effects of diversity on the bench are just becoming measurable. Many legal scholars have assumed diversity will make a difference. While this conclusion may seem commonsensical, it is important to be able to support such assertions with actual data. The supposition has been that …


Hostile Environent Sexual Harassment Claims And The Unwelcome Influence Of Rape Law, Janine Benedet Jan 1996

Hostile Environent Sexual Harassment Claims And The Unwelcome Influence Of Rape Law, Janine Benedet

Michigan Journal of Gender & Law

This article considers the unwelcomeness requirement of the plaintiff’s prima facie case. In particular, it examines the discussion of unwelcomeness found in the decision of the Supreme Court in Meritor Savings Bank v. Vinson, and the content given to this element by the subsequent decisions of lower courts. Such an inquiry reveals several parallels between the approach of courts to sexual harassment claims and their traditional treatment of the criminal offense of rape. The same biases and erroneous assumptions that have hampered an effective response to the physical violation of women have permeated the application of the purported remedy …


Understanding Mixed Motives Claims Under The Civil Rights Act Of 1991: An Analysis Of Intentional Discrimination Claims Based On Sex-Stereotyped Interview Questions, Heather K. Gerken Jun 1993

Understanding Mixed Motives Claims Under The Civil Rights Act Of 1991: An Analysis Of Intentional Discrimination Claims Based On Sex-Stereotyped Interview Questions, Heather K. Gerken

Michigan Law Review

This Note analyzes the Civil Rights Act of 1991 and relevant case law to determine whether posing sex-stereotyped interview questions is actionable conduct under Title VII. It questions whether proof of discrimination during a phase in the hiring process, specifically during the interview stage, supports a Title VII claim without other independent evidence that the hiring decision was discriminatory. Part I explains that the circuit courts have envisioned the impact of discrimination during the hiring process differently and, as a result, are divided in determining whether sex-stereotyped interview questions are actionable under Title VII. Part II examines the legislative history …