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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 …
Eastern Men, Western Women: Coping With The Effects Of Japanese Culture In The United States Workplace, Becky Kukuk
Eastern Men, Western Women: Coping With The Effects Of Japanese Culture In The United States Workplace, Becky Kukuk
Golden Gate University Law Review
This article examines the kaigaitenkinsha's effects on women employees in the U.S. workplace and recommends solutions to mitigate their potentially discriminatory impact. Part II, Section A, surveys the kinds of sex discrimination that women encountered at Japanese companies aside from those alleged at Mitsubishi. Section B reviews U.S. equal employment opportunity laws to provide a framework from which to understand U.S. women's employment rights and to compare the Japanese employment laws outlined in the next section. Section C seeks to explain why the kaigaitenkinsha discriminate against women by reviewing the history of women's employment in Japan and Japan's equal employment …
Considering Hybrid Sex And Age Discrimination Claims By Women: Examining Approaches To Pleading And Analysis - A Pragmatic Model, Sabina F. Crocette
Considering Hybrid Sex And Age Discrimination Claims By Women: Examining Approaches To Pleading And Analysis - A Pragmatic Model, Sabina F. Crocette
Golden Gate University Law Review
This Comment examines two ways in which the legal system does not adequately consider older women's claims of discrimination. The issues are presented in two conceptual groupings. The first grouping discusses how barriers to the recognition of hybrid age and sex discrimination claims are created when courts do not analyze the evidence of discrimination together as evidence of discrimination against "older women." Often, courts analyze hybrid claims of age and sex discrimination separately under Title VII and the ADEA, even when the evidence of discrimination points to a hybrid claim involving discrimination directed at a subset of a protected group, …
Employment Discrimination, Marcia Leitner
Employment Discrimination, Marcia Leitner
Golden Gate University Law Review
No abstract provided.
California Federal Savings & Loan Association V. Guerra: The State Of California Has Determined That Pregnancy May Be Hazardous To Your Job, Susan Spalter Berman
California Federal Savings & Loan Association V. Guerra: The State Of California Has Determined That Pregnancy May Be Hazardous To Your Job, Susan Spalter Berman
Golden Gate University Law Review
In California Federal Savings & Loan Association v. Guerra, the United States Court of Appeals for the Ninth Circuit upheld the facial validity of California Government Code section 12945(b)(2). The court vehemently rejected a federal preemption argument and held that a law setting a minimum leave for pregnancy disabilities did not, on its face, discriminate against men or conflict with the purpose of Title VII of the Civil Rights Act of 19644 as amended in 1978 by the Pregnancy Discrimination Act (PDA). The issue of whether the PDA allows any different treatment for pregnancy has divided the feminist community.
Pregnancy Benefits, Benign Sex Discrimination, And Justice: Why Does It Matter How We Ask The Questions?, Patricia Ann Boling
Pregnancy Benefits, Benign Sex Discrimination, And Justice: Why Does It Matter How We Ask The Questions?, Patricia Ann Boling
Golden Gate University Law Review
One purpose of this essay will be to respond to this argument by showing what sorts of considerations are pertinent and what conclusions are warranted if one considers the underlying issue in pregnancy benefits cases to be distributive justice, and then contrasting this with the considerations and judgments indicated by a more comprehensive view of sex discrimination. There are other reasons as well for maintaining the debate about the proper perspective on pregnancy disability issues. The Court's difficulties in convincingly justifying the refusal to equate pregnancy with sex-based discrimination in Geduldig and Gilbert, and in distinguishing the seniority and pregnancy …
Equal Pay For Comparable Worth, Jolie Lipsig
Equal Pay For Comparable Worth, Jolie Lipsig
Golden Gate University Law Review
This Comment will briefly trace the history of job segregation from colonial America to the present, and explore the relationship between the Equal Pay Act and Title VII in light of the controversial Bennett Amendment. The interpretation of this Amendment, which limits the effect of the Equal Pay Act on Title VII, has lead to arguments both for and against adoption of a comparable worth standard by the courts. A comparison of opinions of the various courts concerning the amendment will follow, focusing on the emerging theory of equal pay for comparable worth. A discussion of different job evaluation techniques …
Remedies For Sex-Discriminatory Health And Safety Conditions In Male-Dominated Industrial Jobs, Ellen Shapiro
Remedies For Sex-Discriminatory Health And Safety Conditions In Male-Dominated Industrial Jobs, Ellen Shapiro
Golden Gate University Law Review
No abstract provided.
Job-Related Sexual Harassment And Union Women: What Are Their Rights?, Barbara M. White
Job-Related Sexual Harassment And Union Women: What Are Their Rights?, Barbara M. White
Golden Gate University Law Review
No abstract provided.
Sexual Harassment In The Workplace: A Practitioner's Guide To Tort Actions, Alice Montgomery
Sexual Harassment In The Workplace: A Practitioner's Guide To Tort Actions, Alice Montgomery
Golden Gate University Law Review
No abstract provided.