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Protecting Protected Characteristics: Statutory Solutions For Employment Discrimination Post-Bostock, Chase Mays
Protecting Protected Characteristics: Statutory Solutions For Employment Discrimination Post-Bostock, Chase Mays
Vanderbilt Law Review
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. Significantly, these protected characteristics are undefined, and judicial interpretations of race, sex, and national origin have allowed employers to lawfully discriminate against proxies for these protected characteristics. This Note examines the use of race-based hairstyles, gendered-appearance standards, and citizenship as proxies for race, sex, and national origin, respectively, and how the availability of such proxies inhibits Title VII’s goal of creating equal employment opportunities. The Supreme Court’s dicta in Bostock v. Clayton County offer potential redress to …
A Comparative Review Of Public And Private Enforcement Of Title Vii Of The Civil Rights Act Of 1964, Robert Belton
A Comparative Review Of Public And Private Enforcement Of Title Vii Of The Civil Rights Act Of 1964, Robert Belton
Vanderbilt Law Review
The efforts of the EEOC, the Department of Justice, and other federal and state agencies during the first decade of enforcement have been the subject of a great deal of commentary and review. Much of this commentary has been critical. Private enforcement of Title VII has produced the major legal developments, but these efforts have received little attention in the literature. This Article therefore will present a comparative review of governmental and private enforcement efforts under Title VII. A brief overview of the historical efforts to eliminate employment discrimination prior to Title VII is necessary to place private enforcement efforts …
Current Civil Rights Problems In The Collective Bargaining Process: The Bethlehem & At&T Experiences, William J. Kilberg
Current Civil Rights Problems In The Collective Bargaining Process: The Bethlehem & At&T Experiences, William J. Kilberg
Vanderbilt Law Review
This article explores the development, theory, and design of the government's Contract Compliance Program and the other statutory means of pursuing equal employment opportunity. Part I is a brief explanation of the Contract Compliance Program under Executive Order 11,246. Part II presents a discussion of the legal underpinnings of the affirmative action concept. Part III deals with the decision In the Matter of Bethlehem Steel Corporation, a landmark administrative hearing under procedures established by the Office of Federal Contract Compliance, and the American Telephone & Telegraph Company Memorandum of Agreement and Consent Decree,' which has been described as "the largest …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Civil Rights--Personal Injury--Intent to Injure Is Not a Prerequisite to Recovery for Police Abuse Under Section 1983
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Constitutional Law--Abortion--Statute Prohibiting Abortion of Unquickened Fetus Violates Mother's Constitutional Right of Privacy
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Constitutional Law--Obscenity--State Statute Allowing Injunction Against Dissemination of Allegedly Obscene Material Prior to Adversary Hearing Not Violative of First Amendment
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Constitutional Law--Right of Privacy--State Statute Requiring Disclosure of All Substantial Financial Interests of Public Officials is Overbroad and an Unconstitutional Invasion of Privacy
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Constitutional Law--Sixth Amendment--Admission of Prior Inconsistent Statements as Substantive Evidence Does Not Violate Right of Confrontation
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Criminal Procedure--Search and Seizure--Warrantless Search of …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Civil Rights--Exclusion of Wage Earners as a Class from Jury Service in State Courts Violates
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International Law and Trademark Infringement--Rights of Former Owners of Confiscated Cuban Businesses Under Hickenlooper Amendment
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Jurisdiction--Minimum" Contacts--First Amendment Requires a Greater Showing of Contact in a Libel Action To Satisfy Due Process Than Is Necessary in Other Types of Actions
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Labor Law--Attorney Undertaking Persuader Activity on Behalf of Employer Must Report Such Activity Under LMRDA
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Labor Law--Employer Must Bargain About an Economically Motivated Decision To Close a Portion of Its Operations
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Labor Law--Employer's Duty To Bargain When Authorization Cards Are …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Civil Rights--Federal Criminal Code Protects Rights Secured by Fourteenth Amendment
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Civil Rights--Removal--Strict Interpretation of Federal Removal Statute Affirmed
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Labor Law--Judicial Review of Arbitrator's Authority To Imply Contractual Condition
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Labor Relations--Federal Preemption of Defamation Suits Arising in Course of Organizational Campaign
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State and Local Taxation--Economic Exploitation Sufficient Connection To Require Non-Resident Seller To Collect Use Tax
The Experience Of State Fair Employment Commissions: A Comparative Study, Arnold H. Sutin
The Experience Of State Fair Employment Commissions: A Comparative Study, Arnold H. Sutin
Vanderbilt Law Review
Passage of the new federal civil rights law in 1964 might have been expected to decrease the importance of the state fair employment practices (FEP) laws. Congress, however, chose not merely to permit these laws to continue in force to deal with purely local problems,but went further to entrust the primary administration of title VII, the federal fair employment statute, to state agencies where they exist. Thus the experience of these state agencies is of even greater importance now than formerly, for they will perform the day to day work of carrying out our nation's policy to prohibit discrimination in …