Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (67)
- University of Colorado Law School (30)
- Selected Works (29)
- University of Georgia School of Law (19)
- Vanderbilt University Law School (17)
-
- Golden Gate University School of Law (16)
- Pepperdine University (16)
- Maurer School of Law: Indiana University (13)
- Touro University Jacob D. Fuchsberg Law Center (13)
- University of Pittsburgh School of Law (11)
- New York Law School (10)
- SelectedWorks (8)
- University of Arkansas at Little Rock William H. Bowen School of Law (8)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (8)
- Cornell University Law School (7)
- University of Kentucky (7)
- Northwestern Pritzker School of Law (6)
- University of Maryland Francis King Carey School of Law (6)
- Washington and Lee University School of Law (6)
- American University Washington College of Law (5)
- Cleveland State University (5)
- Fordham Law School (5)
- Florida International University College of Law (4)
- Mississippi College School of Law (4)
- Saint Louis University School of Law (4)
- University of Florida Levin College of Law (4)
- University of Maine School of Law (4)
- University of Missouri School of Law (4)
- University of Oklahoma College of Law (4)
- University of Pennsylvania Carey Law School (4)
- Publication Year
- Publication
-
- Publications (28)
- Articles (25)
- Michigan Law Review (24)
- University of Michigan Journal of Law Reform (20)
- Faculty Scholarship (18)
-
- Scholarly Works (16)
- Golden Gate University Law Review (15)
- Georgia Journal of International & Comparative Law (14)
- Pepperdine Law Review (12)
- All Faculty Scholarship (11)
- Articles by Maurer Faculty (11)
- Vanderbilt Law Review (11)
- Faculty Publications (10)
- NYLS Law Review (8)
- Touro Law Review (8)
- Cornell Law Faculty Publications (7)
- Michelle A. Travis (7)
- Michigan Journal of Gender & Law (7)
- Journal Articles (5)
- Washington and Lee Law Review (5)
- Continuing Legal Education Materials (4)
- Faculty Working Papers (4)
- Law Faculty Publications (4)
- Maine Law Review (4)
- Oklahoma Law Review (4)
- UF Law Faculty Publications (4)
- University of Arkansas at Little Rock Law Review (4)
- Akron Law Review (3)
- American University Journal of Gender, Social Policy & the Law (3)
- Faculty Articles and Other Publications (3)
- Publication Type
- File Type
Articles 31 - 60 of 418
Full-Text Articles in Law
If Anti-Discrimination Laws Are On The Books, Then Why Do Women Not Sue? A Look Into The Almost Absent Gender Discrimination Litigation In Brazil, Cesar Zucatti Pritsch
If Anti-Discrimination Laws Are On The Books, Then Why Do Women Not Sue? A Look Into The Almost Absent Gender Discrimination Litigation In Brazil, Cesar Zucatti Pritsch
ILSA Journal of International & Comparative Law
No abstract provided.
One Text, Another Rendering Now: In The Wake Of Hively V. Ivy Tech Cmty. Coll. Of Ind., The Continuing Struggle To Define Sex Discrimination Under Title Vii, Kaitlyn Krall
DePaul Journal of Women, Gender and the Law
No abstract provided.
Cat Scratch Fever: The Spread Of The Cat’S Paw Doctrine In The Second Circuit, Crystal Jackson-Kaloz
Cat Scratch Fever: The Spread Of The Cat’S Paw Doctrine In The Second Circuit, Crystal Jackson-Kaloz
Catholic University Law Review
The phrase “cat’s paw” comes from an Aesop’s fable and has been used to define a person used by another as a tool or a scapegoat. The phrase was coined and injected into employment discrimination law by Judge Richard Posner in Shager v. Upjohn Co. and later adopted by the U.S. Supreme Court in Staub v. Proctor Hospital. In Staub, the Supreme Court held that an employer could be liable for an adverse employment decision that was based on the recommendation of a supervisor who possessed a discriminatory or retaliatory bias against the adversely affected employee. However, the …
Born Free: Toward An Expansive Definition Of Sex, Laura Palk, Shelly Grunsted
Born Free: Toward An Expansive Definition Of Sex, Laura Palk, Shelly Grunsted
Michigan Journal of Gender & Law
The State of New York recently issued its first physician-certified “intersex” birth certificate, correcting a 55-year-old’s original birth certificate. This is a positive step towards eliminating the traditional binary approach to a person’s birth sex, but it creates potential uncertainties in the employment discrimination context. Over the past several years, the definition of what constitutes “discrimination on the basis of sex” has both expanded (with the legalization of same-sex marriage) and narrowed (restricting the use of gender specific bathrooms). Until recently it appeared that a broader definition of the term “sex” would become the judicial—and possibly legislative—norm in a variety …
When Should Employers Be Liable For Factoring Biased Customer Feedback Into Employment Decisions?, Dallan F. Flake
When Should Employers Be Liable For Factoring Biased Customer Feedback Into Employment Decisions?, Dallan F. Flake
Law Faculty Scholarship
In today’s customer-centric business environment, firms seek feedback from consumers seemingly at every turn. Firms factor customer feedback into a host of decisions, including employment-related decisions such as who to hire, promote, and fire; how much to pay employees; and what tasks to assign them. Increasingly, researchers are discovering that customer feedback is often biased against certain populations, such as women and racial minorities. Sometimes customers explicitly declare their biases, but more often their prejudices are harder to detect — either because they intentionally hide their biases in their ratings or because the customers do not realize their own biases, …
"When They Enter, We All Enter": Opening The Door To Intersectional Discrimination Claims Based On Race And Disability, Alice Abrokwa
"When They Enter, We All Enter": Opening The Door To Intersectional Discrimination Claims Based On Race And Disability, Alice Abrokwa
Michigan Journal of Race and Law
This Article explores the intersection of race and disability in the context of employment discrimination, arguing that people of color with disabilities can and should obtain more robust relief for their harms by asserting intersectional discrimination claims. Professor Kimberlé Crenshaw first articulated the intersectionality framework by explaining that Black women can experience a form of discrimination distinct from that experienced by White women or Black men, that is, they may face discrimination as Black women due to the intersection of their race and gender. Likewise, people of color with disabilities can experience discrimination distinct from that felt by people of …
Comment: Queer Womyn Of Color And Employment Discrimination Law In Wisconsin - Does Wisconsin Law Do Enough To Lift Anxiety?, Amber Lara
Marquette Benefits and Social Welfare Law Review
America's current leadership appears to actively seek out ways to isolate and oppress those who do not identify as cis-gender white heterosexual males. The purpose of this comment is to help readers understand the issues queer womyn of color face interacting with society on a daily basis. This comment will outline the harmful expectations of assimilation and how failure to assimilate may make these womyn targets in their work environments. This comment will also compare the handling of employment discrimination under Title VII and Wisconsin law and determine whether Wisconsin law in practice actually affords queer womyn of color more …
The Preferred Preferences In Employment Discrimination Law, Emily Gold Waldman
The Preferred Preferences In Employment Discrimination Law, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications
In theory, customer preferences cannot justify discriminatory treatment by employers. The reality is more complicated. Built into the structure of federal employment discrimination law are several openings for customer preferences to provide employer defenses to what would otherwise likely be actionable discrimination.
This Article explores when and which customer preferences can enter those openings. It focuses on what I deem the “preferred preferences”: the customer preferences that have formed the basis of successful employer defenses to discrimination claims. This Article identifies and evaluates six such preferences: (1) aesthetic appeal; (2) physical privacy from employees of the opposite sex; (3) psychological …
Employment Discrimination On The Basis Of Criminal History: Why An Anti-Discrimination Statute Is A Necessary Remedy, Elizabeth Westrope
Employment Discrimination On The Basis Of Criminal History: Why An Anti-Discrimination Statute Is A Necessary Remedy, Elizabeth Westrope
Journal of Criminal Law and Criminology
The harms of mass incarceration do not end when an individual is released from prison. Instead, criminal records haunt approximately 70 million people throughout the United States today. Criminal histories follow persons convicted of crimes for the rest of their lives, creating collateral consequences that make it difficult for these individuals to get back on their feet and re-integrate into society. Gaining employment is one of the most crucial steps for returning citizens to take in order to regain stability in their lives. Yet, it remains one of the biggest obstacles. Employers are often wary of hiring persons with criminal …
Criminal Employment Law, Benjamin Levin
Criminal Employment Law, Benjamin Levin
Publications
This Article diagnoses a phenomenon, “criminal employment law,” which exists at the nexus of employment law and the criminal justice system. Courts and legislatures discourage employers from hiring workers with criminal records and encourage employers to discipline workers for non-work-related criminal misconduct. In analyzing this phenomenon, my goals are threefold: (1) to examine how criminal employment law works; (2) to hypothesize why criminal employment law has proliferated; and (3) to assess what is wrong with criminal employment law. This Article examines the ways in which the laws that govern the workplace create incentives for employers not to hire individuals with …
Gay Judge Nixes Anonymity For Genderqueer Plaintiff, Arthur S. Leonard
Gay Judge Nixes Anonymity For Genderqueer Plaintiff, Arthur S. Leonard
Other Publications
No abstract provided.
Job Segregation, Gender Blindness, And Employee Agency, Tracy E. Higgins
Job Segregation, Gender Blindness, And Employee Agency, Tracy E. Higgins
Maine Law Review
Almost forty years after the enactment of Title VII, women's struggle for equality in the workplace continues. Although Title VII was intended to “break[] down old patterns of segregation and hierarchy,” the American workplace remains largely gender-segregated. Indeed, more than one-third of all women workers are employed in occupations in which the percentage of women exceeds 80%. Even in disciplines in which women have made gains, top status (and top paying) jobs remain male-dominated while the lower status jobs are filled by women. This pattern of gender segregation, in turn, accounts for a substantial part of the persistent wage gap …
The Unenforced Promise Of Equal Pay Acts: A National Problem And Possible Solution From Maine, Elizabeth J. Wyman Esq.
The Unenforced Promise Of Equal Pay Acts: A National Problem And Possible Solution From Maine, Elizabeth J. Wyman Esq.
Maine Law Review
Equal pay for women is a concept that has been around for a long time. It was during World War I that women were first guaranteed pay equity in the form of regulations enforced by the War Labor Board of 1918. The Board's equal pay policy required manufacturers, who put women on the payroll while male employees were serving in the military, to pay those women the same wages that were paid to the men. The National War Labor Board continued that trend through World War II. Shortly after the war, states began enacting statutes that required employers to pay …
Foreword: Law, Labor And Gender, Jennifer B. Wriggins
Foreword: Law, Labor And Gender, Jennifer B. Wriggins
Maine Law Review
The theme of the conference, Law, Labor, & Gender, came out of a working group comprised of law students, lawyers, a judge, and myself. We thought that a number of issues deserved attention, ranging from current jurisprudence on employment discrimination to more theoretical issues having to do with work/family dilemmas. Professor Deborah Rhode kindly accepted our invitation to be the keynote speaker, and various other academic speakers also agreed to present papers. The working group, and the editors of the Maine Law Review, drafted and sent out a call for papers to approximately 1600 law professors and others. The Law …
Taking Care Of Business And Protecting Maine's Employees: Supervisor Liability For Employment Discrimination Under The Maine Human Rights Act, Katharine I. Rand
Taking Care Of Business And Protecting Maine's Employees: Supervisor Liability For Employment Discrimination Under The Maine Human Rights Act, Katharine I. Rand
Maine Law Review
On the heels of federal legislation prohibiting employment discrimination most states, including Maine, have enacted their own civil or human rights statutes aimed at eliminating discriminatory behavior in the workplace. Like its federal counterpart, Title VII of the Civil Rights Act of 1964 (Title VII), the Maine Human Rights Act, enacted in 1971, prohibits employers from discriminating on the basis of race, gender, age, religion, or national origin and provides a civil remedy for victims of employment discrimination. Moreover, like Title VII, the question of just who constitutes a liable “employer” under the Maine Human Rights Act has been the …
A Business Alternative: Changing Employers' Perception Of The Eeoc Mediation Program, Mark Lim
A Business Alternative: Changing Employers' Perception Of The Eeoc Mediation Program, Mark Lim
Pepperdine Dispute Resolution Law Journal
This paper will reveal employers' perception of the EEOC Mediation Program and offer viable changes that may encourage more employer participation in the mediation program. Although the mediation program is supposed to be fair and neutral, the possibility of favoritism, bias, prejudice, or the perception thereof remains high because of the mediation program's structure. If the EEOC were to make changes to its program that also creates a perception of impartiality, then employers would be more willing to participate. To demonstrate this, Part II of this article will begin by discussing the history of the EEOC from its initiating mandate …
The Muddle Of "Motivating Factor": Using The Logic Of Human Action To Inform Employment Discrimination Law, Michael Starr
The Muddle Of "Motivating Factor": Using The Logic Of Human Action To Inform Employment Discrimination Law, Michael Starr
Hofstra Labor & Employment Law Journal
No abstract provided.
Beyond "Best Practices": Employment-Discrimination Law In The Neoliberal Era, Deborah Dinner
Beyond "Best Practices": Employment-Discrimination Law In The Neoliberal Era, Deborah Dinner
Indiana Law Journal
Why does U.S. legal culture tolerate unprecedented economic inequality even as it valorizes social equality along identity lines? This Article takes a significant step toward answering this question by examining the relationship between U.S. employment-discrimination law and neoliberalism. It shows that the rise of anti-discrimination ideals in the late twentieth century was intertwined with the de-regulation of labor and with cutbacks in the welfare state. The Article argues that even “best practices” to prevent employment discrimination are insufficient to realize a labor market responsive to the needs of low-income workers for adequate wages, safe work conditions, and work hours and …
Banning The Box In Missouri: A Statewide Step In The Right Direction, Jessica Chinnadurai
Banning The Box In Missouri: A Statewide Step In The Right Direction, Jessica Chinnadurai
Missouri Law Review
Missouri, like many other states, has evaluated and decided to address employment discrimination that occurs as a result of requiring people with a criminal history to disclose that information during the initial phases of the hiring process. Efforts to eliminate bias have been seen through the “Ban the Box” movement. The movement generally advocates removing the box applicants check if they have a criminal history, opting instead to delay this question for later in the employment process. This Note analyzes the advantages and disadvantages of adopting this legislation and evaluates whether doing so leads to a lower risk of employment …
Data-Driven Discrimination At Work, Pauline T. Kim
Data-Driven Discrimination At Work, Pauline T. Kim
AI-DR Collection
A data revolution is transforming the workplace. Employers are increasingly relying on algorithms to decide who gets interviewed, hired, or promoted. Although data algorithms can help to avoid biased human decision-making, they also risk introducing new sources of bias. Algorithms built on inaccurate, biased, or unrepresentative data can produce outcomes biased along lines of race, sex, or other protected characteristics. Data mining techniques may cause employment decisions to be based on correlations rather than causal relationships; they may obscure the basis on which employment decisions are made; and they may further exacerbate inequality because error detection is limited and feedback …
Coaches In Court: Legal Challenges To Sex Discrimination In College Athletics, Erin E. Buzuvis
Coaches In Court: Legal Challenges To Sex Discrimination In College Athletics, Erin E. Buzuvis
Faculty Scholarship
Sex discrimination continues to operate in the working environment of college athletics. Female coaches experience bias both because of their sex and the intersections of gender stereotypes with stereotypes about women of color, lesbians, and aging. The law continues to be a leverage to challenge barriers to women’s leadership in college sports. This Article provides an overview of the relevant legal protections in three cases brought by coaches Beth Burns, Tracey Griesbaum, and Shannon Miller. Their cases expose discrimination and the double standard related to the value of female coaches’ success.
Employer Liability For Non-Employee Discrimination, Dallan F. Flake
Employer Liability For Non-Employee Discrimination, Dallan F. Flake
Law Faculty Scholarship
No abstract provided.
The Impact Of Wal-Mart V. Dukes On Employment Discrimination Class Actions Five Years Out: A Forecast That Suggests More Of A Wave Than A Tsunami, Suzette M. Malveaux
The Impact Of Wal-Mart V. Dukes On Employment Discrimination Class Actions Five Years Out: A Forecast That Suggests More Of A Wave Than A Tsunami, Suzette M. Malveaux
Publications
No abstract provided.
People Analytics And Invisible Labor, Miriam A. Cherry
People Analytics And Invisible Labor, Miriam A. Cherry
All Faculty Scholarship
This article explores two trends in labor and employment law: people analytics and invisible labor. People analytics includes the practice of employers using quantitative data to make objective decisions regarding employees. Invisible labor includes work that is unrecognized because it involves emotional work, or that is hidden due to the intermediation of technology. The article then discusses the paradox of the two trends. As people analytics relies on data for decision-making, how can employers use data analytics if there are increasingly invisible components to work? The article considers solutions: should people analytics include components of hidden labor, explicitly recognize and …
Transsexual, Transgender, Trans: Reading Judicial Nomenclature In Title Vii Cases, Kris Franklin, Sarah Chinn
Transsexual, Transgender, Trans: Reading Judicial Nomenclature In Title Vii Cases, Kris Franklin, Sarah Chinn
Articles & Chapters
No abstract provided.
Two Conflicting Filing Periods For A Constructive Discharge Claim: Which One Is Better?, Aditi Kumar
Two Conflicting Filing Periods For A Constructive Discharge Claim: Which One Is Better?, Aditi Kumar
Labor & Employment Law Forum
No abstract provided.
The Law And Policy Of People Analytics, Matthew T. Bodie, Miriam A. Cherry, Marcia L. Mcormick, Jintong Tang
The Law And Policy Of People Analytics, Matthew T. Bodie, Miriam A. Cherry, Marcia L. Mcormick, Jintong Tang
AI-DR Collection
Leading technology companies such as Google and Facebook have been experimenting with people analytics, a new data-driven approach to human resources management. People analytics is just one example of the new phenomenon of “big data,” in which analyses of huge sets of quantitative information are used to guide decisions. Applying big data to the workplace could lead to more effective outcomes, as in the Moneyball example, where the Oakland Athletics baseball franchise used statistics to assemble a winning team on a shoestring budget. Data may help firms determine which candidates to hire, how to help workers improve job performance, and …
Essay: Understanding Employment Discrimination Litigation In China Through The Notion Of "Rights Apathy", Sheera Chan, Mimi Zou
Essay: Understanding Employment Discrimination Litigation In China Through The Notion Of "Rights Apathy", Sheera Chan, Mimi Zou
Marquette Benefits and Social Welfare Law Review
The psycho-legal concept of “rights apathy” is developed in
this Essay as an underlying factor of the very low rate of
incidence of workplace discrimination lawsuits filed in China,
despite an increasingly elaborate legal framework “on paper”
and workers’ rising awareness of their legal rights under
anti-discrimination laws. “Rights apathy” is underpinned by the
notions of “frustration” and “learned helplessness,” depicting the
indifference of workers in exercising their legal rights before a
tribunal or court. A number of institutional problems, namely
defects in existing anti-discrimination provisions, judicial
practices, and contradictions in other laws, policies, and
practices, can contribute to the …
Something To Talk About, Joni Hersch, Jennifer Bennett Shinall
Something To Talk About, Joni Hersch, Jennifer Bennett Shinall
Vanderbilt Law School Faculty Publications
To avoid the appearance of sex discrimination that would violate Title VII of the Civil Rights Act, both Equal Employment Opportunity Commission (EEOC) guidance and a common misunderstanding of the law have resulted in little or no information about family status being provided in pre-employment interviews. To investigate whether concealing family information actually improves women’s employment prospects, we conduct an original experimental study fielded on more than 3,000 subjects. Our study provides the first ever evidence that concealing personal information lowers female applicants’ hiring prospects. Subjects overwhelmingly preferred to hire candidates who provided information, regardless of content. Any explanation improved …
The Same-Actor Inference Of Nondiscrimination: Moral Credentialing And The Psychological And Legal Licensing Of Bias, Victor D. Quintanilla, Cheryl R. Kaiser
The Same-Actor Inference Of Nondiscrimination: Moral Credentialing And The Psychological And Legal Licensing Of Bias, Victor D. Quintanilla, Cheryl R. Kaiser
Articles by Maurer Faculty
One of the most egregious examples of the tension between federal employment discrimination law and psychological science is the federal common law doctrine known as the same-actor inference.
When originally elaborated by the Fourth Circuit in Proud v. Stone, the same-actor doctrine applied only when an “employee was hired and fired by the same person within a relatively short time span.” In the two decades since, the doctrine has widened and broadened in scope. It now subsumes many employment contexts well beyond hiring and firing, to scenarios in which the “same person” entails different groups of decision makers, and the …