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Full-Text Articles in Law
Sexual Orientation And Gender Identity: Protected Categories Under Title Vii?, Lowell Ritter
Sexual Orientation And Gender Identity: Protected Categories Under Title Vii?, Lowell Ritter
Journal of Legislation Online Supplement
Plaintiffs and their attorneys have an increasingly viable argument that Title VII’s definition of “sex” includes sexual orientation and gender identity, expanding employers’ potential liability. This is based in part on the Equal Employment Opportunity Commission’s (EEOC) firm position that both sexual orientation and gender identity are protected under the statute.
Justice Kennedy's Big New Idea, Sandra F. Sperino
Justice Kennedy's Big New Idea, Sandra F. Sperino
Faculty Articles and Other Publications
In a 2015 case, the Supreme Court held that plaintiffs could bring disparate impact claims under the Fair Housing Act (the "FHA"). In the majority opinion, Justice Kennedy relied heavily on the text and supporting case law interpreting Title VII of the Civil Rights Act ("Title VII") and the Age Discrimination in Employment Act (the "ADEA '). Without explicitly recognizing the powerful new idea he was advocating, Justice Kennedy's majority opinion radically reconceptualized federal employment discrimination jurisprudence. This new reading of Title VII and the ADEA changes both the theoretical framing of the discrimination statutes and greatly expands their scope. …
The Restorative Workplace: An Organizational Learning Approach To Discrimination, Deborah Thompson Eisenberg
The Restorative Workplace: An Organizational Learning Approach To Discrimination, Deborah Thompson Eisenberg
University of Richmond Law Review
No abstract provided.