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Let's Talk About Gender: Nonbinary Title Vii Plaintiffs Post-Bostock, Meredith R. Severtson
Let's Talk About Gender: Nonbinary Title Vii Plaintiffs Post-Bostock, Meredith R. Severtson
Vanderbilt Law Review
In Bostock v. Clayton County, the Supreme Court held that Title VII’s sex-discrimination prohibition applies to discrimination against gay and transgender employees. This decision, surprising from a conservative Court, has engendered a huge amount of commentary on both its substantive holding and its interpretive method. This Note addresses a single question arising from this discourse: After Bostock, how will courts address allegations of sex discrimination by plaintiffs whose gender identities exist outside of traditional sex and gender binaries? As this Note explores, some have argued that Bostock’s textualist logic precludes sex-discrimination claims by nonbinary plaintiffs. While such arguments fail to …
Feminism And The Tournament, Jessica A. Clarke
Feminism And The Tournament, Jessica A. Clarke
Vanderbilt Law School Faculty Publications
Naomi Bishop, the protagonist of the 2016 film "Equity," is the rare "she-wolf of Wall Street."' At the beginning of the film, Bishop appears on a panel at an alumni event. She explains her career choices to the young women in the audience as follows: I like money. I do. I like numbers. I like negotiating. I love a challenge. Turning a no into a yes. But I really do like money. I like knowing that I have it. I grew up in a house where there was never enough. I was raised by a single mom with four kids. …
The Use And Misuse Of Econometric Evidence In Employment Discrimination Cases, Joni Hersch, Blair Druhan Bullock
The Use And Misuse Of Econometric Evidence In Employment Discrimination Cases, Joni Hersch, Blair Druhan Bullock
Vanderbilt Law School Faculty Publications
Experts routinely criticize three aspects of regression analyses presented by the opposing party in employment discrimination cases: omitted explanatory variables, sample size, and statistical significance. However, these factors affect the reliability of the regression results only in very limited circumstances. As a result, valid regression analyses do not provide the critical guidance that they should in employment discrimination cases. Our own statistical analyses of seventy-eight Title VII employment discrimination cases find that merely raising these critiques, even if spurious, reduces plaintiffs’ likelihood of prevailing at trial. We propose that courts adopt a peer-review system in which court-appointed economists, compensated by …
United States V. Virginia's New Gender Equal Protection Analysis With Ramifications For Pregnancy, Parenting, And Title Vii, Candace S. Kovacic-Fleischer
United States V. Virginia's New Gender Equal Protection Analysis With Ramifications For Pregnancy, Parenting, And Title Vii, Candace S. Kovacic-Fleischer
Vanderbilt Law Review
In this Article, Professor Kovacic-liTeischer argues that the Supreme Court's recent decision in United States v. Virginia raises gender equal protection analysis to the level of strict scrutiny. Professor Kovacic-Fleischer asserts that the Court's refusal to accept as immutable VMI's single-sex institutional design, and the Court's requirement that VMT make adjustments and alterations that will enable qualified women to undertake VM's curriculum evidences this shift in gender equal protection analysis. Professor Kovacic-Fleischer then turns to the significance of the Court's citation to California Federal Savings & Loan Association v. Guerra. She asserts that this citation indicates that the Court effectively …