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Full-Text Articles in Law
Griggs At Midlife, Deborah A. Widiss
Griggs At Midlife, Deborah A. Widiss
Michigan Law Review
Not all Supreme Court cases have a midlife crisis. But it is fair to say that Griggs v. Duke Power Co., which recently turned forty, has some serious symptoms. Griggs established a foundational proposition of employment discrimination law known as disparate impact liability: policies that significantly disadvantage racial minority or female employees can violate federal employment discrimination law, even if there is no evidence that the employer “intended” to discriminate. Griggs is frequently described as one of the most important decisions of the civil rights era, compared to Brown v. Board of Education for its “momentous social consequences.” In 1989, …
Employment Law And Social Equality, Samuel R. Bagenstos
Employment Law And Social Equality, Samuel R. Bagenstos
Michigan Law Review
What is the normative justification for individual employment law? For a number of legal scholars, the answer is economic efficiency. Other scholars argue, to the contrary, that employment law protects against (vaguely defined) imbalances of bargaining power and exploitation. Against both of these positions, this Article argues that individual employment law is best understood as advancing a particular conception of equality. That conception, which many legal and political theorists have called social equality, focuses on eliminating hierarchies of social status. This Article argues that individual employment law, like employment discrimination law, is justified as preventing employers from contributing to or …
Mark(Et)Ing Nondiscrimination: Privatizing Enda With A Certification Mark, Ian Ayres, Jennifer Gerarda Brown
Mark(Et)Ing Nondiscrimination: Privatizing Enda With A Certification Mark, Ian Ayres, Jennifer Gerarda Brown
Michigan Law Review
People in the United States strongly support the simple idea that employers should not discriminate against gays and lesbians. In a 2003 Gallup poll, eighty-eight percent of respondents said that "homosexuals should . . . have equal rights in terms of job opportunities." Even prominent social conservatives- such as George W. Bush-give lip service to the idea that employment discrimination on the basis of sexual orientation is wrong. But gay rights advocates have achieved only modest legal reform on this issue. Seventeen states have prohibited employment discrimination against gays and lesbians. A seemingly modest bill, the Employment Non Discrimination Act …
Employment Discrimination Law In Perspective: Three Concepts Of Equality, John J. Donohue Iii
Employment Discrimination Law In Perspective: Three Concepts Of Equality, John J. Donohue Iii
Michigan Law Review
The essay begins with a discussion of which groups deserve the protection of employment discrimination law. With the protected categories of Title VII of the 1964 Civil Rights Act etched into the American consciousness, many might consider the appropriate categories to be fully self-evident. But of course, they are not, and many jurisdictions continue to struggle over whether certain dispreferred groups merit the law's solicitude.
Discrimination, Jobs, And Politics: The Struggle For Equal Employment Opportunity In The United States Since The New Deal, James L. Thompson
Discrimination, Jobs, And Politics: The Struggle For Equal Employment Opportunity In The United States Since The New Deal, James L. Thompson
Michigan Law Review
A Review of Discrimination, Jobs, and Politics: The Struggle for Equal Employment Opportunity in the United States since the New Deal by Paul Burstein