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Thinking Slow About Abercrombie & Fitch: Straightening Out The Judicial Confusion In The Lower Courts, Bruce N. Cameron, Blaine L. Hutchison
Thinking Slow About Abercrombie & Fitch: Straightening Out The Judicial Confusion In The Lower Courts, Bruce N. Cameron, Blaine L. Hutchison
Pepperdine Law Review
In Abercrombie & Fitch, the U.S. Supreme Court fundamentally changed the way that Title VII religious accommodation cases are litigated and evaluated. This paper analyzes Abercrombie, explains how the Court eliminated religious accommodation as a freestanding cause of action, and suggests an altered proof framework for plaintiffs seeking an accommodation. The paper also explores the conflict between employee privacy rights and classic proof requirements for religious sincerity. The lower courts have largely failed to apprehend the change mandated by Abercrombie, with the result that their opinions are in disarray. The paper includes a chart organizing the diverse lower court opinions.
Split Over Sex: Federal Circuits And Executive Agencies Split Over Sexual Orientation Discrimination Under Title Vii, Darria Turner
Split Over Sex: Federal Circuits And Executive Agencies Split Over Sexual Orientation Discrimination Under Title Vii, Darria Turner
Catholic University Law Review
Title VII of the Civil Rights Act of 1964 expressly prohibits employment discrimination on the basis of an individual’s sex. Since its enactment, neither Congress nor the Supreme Court has definitively stated whether sex discrimination based on sexual orientation is protected under Title VII. Though the judicial interpretation of sex has evolved, courts have routinely held that the protections of Title VII do not extend to claims based on sexual orientation discrimination. As three circuits faced these claims, a split was created in the circuits as well as in the two agencies tasked with the enforcement of Title VII. This …
Title Ix And Title Vii: Parallel Remedies In Combatting Sex Discrimination In Educational Employment, Lynn Ridgeway Zehrt
Title Ix And Title Vii: Parallel Remedies In Combatting Sex Discrimination In Educational Employment, Lynn Ridgeway Zehrt
Marquette Law Review
The federal circuit courts of appeals are divided over the proper relationship between Title IX of the Higher Education Amendments Act of 1972 and Title VII of the Civil Rights Act of 1964. Specifically, the federal courts disagree over whether an employee of an educational institution may sue her employer for employment discrimination under either Title IX or Title VII. Some courts have concluded that these employees may not bring employment discrimination claims under Title IX, holding that Title VII provides the sole avenue for obtaining monetary relief for employment discrimination against educational institutions. Other courts have reached the opposite …
Following The Fifth Circuit: Title Vii As The Sole Remedy For Employment Discrimination On The Basis Of Sex In Educational Institutions Receiving Federal Funds, Alicia Martinez
American University Journal of Gender, Social Policy & the Law
No abstract provided.