Law Commons^™

The Last Minuet: Disparate Treatment After Hicks, Deborah C. Malamud

Michigan Law Review

The purpose of this article is to explain why the Court's much-maligned decision in Hicks was correct, and to further argue that in the aftermath of Hicks, the McDonnell Douglas-Burdine proof structure ought to be abandoned.

The Last Minuet: Disparate Treatment After Hicks, Deborah C. Malamud

Michigan Law Review

The purpose of this article is to explain why the Court's much-maligned decision in Hicks was correct, and to further argue that in the aftermath of Hicks, the McDonnell Douglas-Burdine proof structure ought to be abandoned.

The Forgotten Interest Group: Reforming Title Vii To Address The Concerns Of Workers While Eliminating Sexual Harassment, Hannah K. Vorwerk

Vanderbilt Law Review

Since 1980, Equal Employment Opportunity Commission ("EEOC") guidelines have made employers liable for harassment perpetrated by their agents and supervisory employees, and, in some cases, for harassment occurring between co-workers in their employ. In 1991, Congress amended Title VII (the "Act") to provide compensatory and punitive damages for victims of sexual harassment. The increased damages heightened the stakes in lawsuits concerning employer liability for sexual harassment, and thus provided increased incentives for employers to implement sexual harassment policies and to discipline harassers.

The extant EEOC guidelines already had defined sexual harassment broadly to include "verbal or physical conduct of a …

Harris V. Forklift Systems, Inc. Victory Or Defeat?, Laura Hoffman Roppe

San Diego Law Review

This Casenote analyzes the significance and potential effects of the decision in Harris v. Forklift Systems, Inc., a Supreme Court case decided in November 1993. This case promulgates a framework for analysis of "hostile environment" sexual harassment claims arising under Title VII of the Civil Rights Act of 1964. The author sets forth the historical backdrop of the case, as well as exploring and comparing the effect of the decision in general with the decision's effect in the Ninth Circuit in particular. The author concludes that the Harris case potentially reduces women's chances of winning sexual harassment claims in the …

Through The Looking Glass: Can Title Vii Help Women And Minorities To Shatter The Glass Ceiling, Rafael Gely, Ramona L. Paetzold

Faculty Publications

The employment patterns of “nontraditional” workers in the United States show two conflicting characteristics. On the one hand, researchers have observed a continuing increase in the rate of participation of nontraditional workers at multiple levels in the work force. For example, the proportion of women white collar workers increased from twenty-two percent in the late 1960s to forty-six percent in 1992. Similarly, the average job tenure for nontraditional workers has also increased. For example, although males in the thirty-five to forty-four year old age group have experienced a small decline in job tenure, women in the same group have seen …

Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law, 1993-1994 Term), Eileen Kaufman

Scholarly Works

No abstract provided.

Discrimination, Deceit, And Legal Decoys: The Diversion Of After-Acquired Evidence And The Focus Restored By Mckennon V. Nashville Banner Publishing Company, Elissa J. Preheim

Indiana Law Journal

No abstract provided.

Affirmative Action As A Women's Issue, Helen Norton

Publications

No abstract provided.

Employment Discrimination: Recent Developments In The Supreme Court, Eileen Kaufman

Touro Law Review

No abstract provided.

Handling Difficult Issues Under The Family Medical Leave Act, Helen Norton

Publications

No abstract provided.

Employment Discrimination: Recent Developments In The Supreme Court (The Supreme Court And Local Government Law: The 1994-1995 Term), Eileen Kaufman

Scholarly Works

No abstract provided.