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Full-Text Articles in Law
Clarifying Stereotyping, Kerri Lynn Stone
Clarifying Stereotyping, Kerri Lynn Stone
Kerri Stone
This Article addresses the largely undefined, misunderstood-yet-often-resorted-to concept of “stereotyping” as a basis for, or sufficient evidence of, liability for employment discrimination. Since, the concept’s genesis in Supreme Court jurisprudence in 1989, Price Waterhouse v. Hopkins, plaintiffs have proffered remarks alleged to be tinged with, or indicating the presence of, impermissible stereotypes as evidence of discrimination based on protected-class status – be that sex, race, color, religion, or national origin – in contravention of Title VII of the Civil Rights Act of 1964. The Article examines the language in Hopkins and its precise mandates and guidance for lower courts. It …
Speaking Of Workplace Harassment: A First Amendment Push Toward A Status-Blind Statute Regulating "Workplace Bullying", Jessica R. Vartanian
Speaking Of Workplace Harassment: A First Amendment Push Toward A Status-Blind Statute Regulating "Workplace Bullying", Jessica R. Vartanian
Maine Law Review
Title VII of the Civil Rights Act of 1964 makes discrimination in employment unlawful, but only based on certain suspect classes: race, color, religion, sex, and national origin. Courts have interpreted the statute to ban workplace harassment in this same limited fashion, refusing to recognizg harassment claims based on sexual orientation or any other unspecified classification.Although Congress may regulate in this selective manner consistent with equal protection, workplace harassment differs from other forms of discrimination proscribed under Title VII in one very important respect—workplace harassment is often achieved through an array of expression traditionally protected under the First Amendment