Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 7 of 7
Full-Text Articles in Law
Third Generation Discrimination: The Ripple Effects Of Gender Bias In The Workplace, Catherine Ross Dunham
Third Generation Discrimination: The Ripple Effects Of Gender Bias In The Workplace, Catherine Ross Dunham
Akron Law Review
This Article joins together threads of ongoing conversations regarding implicit bias and gender discrimination. The Article builds on the groundbreaking work of Susan Sturm of Columbia University who developed the theory of second generation gender discrimination, Title VII gender discrimination based on implicit bias, in her article Second Generation Employment Discrimination: A Structural Approach, 101 Colum. L. Rev. 458 (2001). In her article, Sturm developed a theory to pursue Title VII claims where the employment practice at issue is facially-neutral, but the effect of the policy in a bias-based, homogeneous work environment is discriminatory. Since 2001, several high profile …
Employment Equality In A Color-Blind Society, Earl M. Curry Jr.
Employment Equality In A Color-Blind Society, Earl M. Curry Jr.
Akron Law Review
The purposes of this article are first, to look at the rights of Negroes, under law, to bring economic pressure to bear for employment equality, including the demand for a quota, and secondly to see how that law is satisfying today's social needs. To achieve this latter purpose, perhaps we must ask whether our society can afford to be legally color-blind? We shall look first to the private self-help devices that have been used by minorities, and then to one area of governmental intervention that has dealt directly with minority employment and the use of quotas or goals to achieve …
Administrative Agencies; Subpoena Power; Relevancy; Right Of Privacy; Atchison, Topeka & Sante Fe Ry. Co. V. Lopez, David L. Hostetler
Administrative Agencies; Subpoena Power; Relevancy; Right Of Privacy; Atchison, Topeka & Sante Fe Ry. Co. V. Lopez, David L. Hostetler
Akron Law Review
The Kansas Supreme Court in Sante Fe has joined the majority of states in declaring that administrative "fishing expeditions" via the use of subpoena powers are now permissible. No probable cause need be shown and confidential information may be subject to subpoena if there is even a mere possibility of relevance to a matter within the scope of the agency's authority. The state's interest in preventing discrimination in employment practices has been declared a "compelling state interest" such as to override any claims to rights of privacy. Although primarily discussing only arrest and conviction records, the court in actuality upheld …
Local Number 93, International Association Of Firefighters V. City Of Cleveland: A Consent Decree Is Not An Adjudicated Order For Purposes Of Title Vii, Paul Leslie Jackson
Local Number 93, International Association Of Firefighters V. City Of Cleveland: A Consent Decree Is Not An Adjudicated Order For Purposes Of Title Vii, Paul Leslie Jackson
Akron Law Review
This note will examine the decision of the United States Supreme Court in Local 93, International Association of Firefighters v. City of Cleveland, and explore its potential implications in future Title VII actions. The issue the Supreme Court had to decide was whether a consent decree is a form of court ordered relief for purposes of Title VII litigation.
United Auto Workers V. Johnson Controls, Inc.: One Small Step For Womankind, A. L. Cherry
United Auto Workers V. Johnson Controls, Inc.: One Small Step For Womankind, A. L. Cherry
Akron Law Review
In United Auto Workers v. Johnson Controls, Inc., the U.S. Supreme Court was faced with the task of deciding whether women's childbearing capacity could be used to limit women's job choices and opportunities within certain industrial/ manufacturing fields. The Court decided that the ability to bear children could be used to so limit women, but only if the employer met a high standard. In Johnson Controls, employees who worked in a toxic work environment sought a determination that their employer's fetal protection policy discriminated on the basis of sex in violation of Title VII of the Civil Rights Act …
Pre-Employment Inquiries: Drug Testing, Alcohol Screening, Physical Exams, Honesty Testing, Genetics Screening - Do They Discriminate? An Empirical Study, Donald H. Stone
Pre-Employment Inquiries: Drug Testing, Alcohol Screening, Physical Exams, Honesty Testing, Genetics Screening - Do They Discriminate? An Empirical Study, Donald H. Stone
Akron Law Review
Statistics serve as a reminder that many disabled people continue to face obstacles in gaining access into the employment arena. This Article will reveal how disabled persons are at greater risk when employers increase their screening and testing arsenal in the job selection area.
Genaro V. Central Transport: A New Direction In Ohio Law Regarding Employment Discrimination, Karen Gaum
Genaro V. Central Transport: A New Direction In Ohio Law Regarding Employment Discrimination, Karen Gaum
Akron Law Review
Part I of this Note will examine the Genaro decision in depth, focusing on the Ohio Supreme Court’s reasoning. The court looked at the language of Ohio Revised Code Chapter 4112, specifically the use of the word “agent” as support for its imposition of individual liability. In addition, Part II will also examine the the policy goals the Ohio Supreme Court has attempted to achieve. Finally, Part II will also demonstrate that the Genaro decision is a poor one, one which was not legislatively intended, one that imposes an undue burden on individuals without a corresponding increase in benefit to …