Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
- File Type
Articles 1 - 5 of 5
Full-Text Articles in Law
The Antidiscrimination Paradox: Why Sex Before Race?, Kimberly A. Yuracko
The Antidiscrimination Paradox: Why Sex Before Race?, Kimberly A. Yuracko
Faculty Working Papers
This paper seeks to explain a paradox: Why does Title VII's prohibition on sex discrimination currently look so much more expansive than its prohibition on race discrimination? Why in particular, do workers appear to be receiving greater protection for expressions of gender identity than for expressions of racial identity? I argue that as a doctrinal matter, the paradox is illusory—the product of a fundamental misinterpretation of recent sex discrimination case law by scholars. Rather than reflecting fundamentally distinct antidiscrimination principles, the race and sex cases in fact reflect the same traditional commitments to ending status discrimination and undermining group-based subordination. …
The New Sex Discrimination: Family Responsibilities, Cynthia Thomas Calvert
The New Sex Discrimination: Family Responsibilities, Cynthia Thomas Calvert
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Do You Want To Be An Attorney Or A Mother - Arguing For A Feminist Solution To The Problem Of Double Blinds In Employment And Family Responsibilities Discrimination , Heather Bennett Stanford
Do You Want To Be An Attorney Or A Mother - Arguing For A Feminist Solution To The Problem Of Double Blinds In Employment And Family Responsibilities Discrimination , Heather Bennett Stanford
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A Matter Of Context: Social Framework Evidence In Employment Discrimination Class Actions, Melissa Hart, Paul M. Secunda
A Matter Of Context: Social Framework Evidence In Employment Discrimination Class Actions, Melissa Hart, Paul M. Secunda
Publications
In litigation disputes over the certification of employment discrimination class actions, social scientists have come to play a central, yet controversial, role. Organizational behavioralists and social psychologists regularly testify for the plaintiffs, offering what is commonly referred to as social framework testimony. These experts explain the general social science research on the operation of stereotyping and bias in decision making and examine the challenged workplace to identify those policies and practices that research has shown will tend to increase and those that will tend to limit the likely impact of these factors. Defendants fight hard against the admission of social …
The Pda's Causation Effect: Observations Of An Unreasonable Woman, Michelle A. Travis
The Pda's Causation Effect: Observations Of An Unreasonable Woman, Michelle A. Travis
Michelle A. Travis
While many scholars rightfully have critiqued the Pregnancy Discrimination Act (“PDA”) as falling short of achieving the ultimate goal of equal employment opportunities for women, this Article reveals one of the PDA’s most important successes. By recognizing pregnant women as a “given” in the workplace, the PDA launched a quiet revolution in the way that judges make causal attributions for adverse employment outcomes. Specifically, the PDA provided judges with the conceptual tools that were needed to help shift causal attributions to an employer, rather than attributing a pregnant woman’s struggles in the workplace to her own decision to become a …