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Full-Text Articles in Law
Harassment: A Separate Claim?, Sandra Sperino
Harassment: A Separate Claim?, Sandra Sperino
Belmont Law Review
This article argues that harassment is not a separate claim under Title VII by reviewing the history of discrimination law, examining Title VII's statutory language, and Supreme Court cases and procedural ambiguity in harassment law. It discusses the pitfalls of identifying harassment as a separate claim, and recommends how plaintiffs might plead harassment within the scope of Title VII.
Inclusion Riders And Diversity Mandates, Emily Waldman
Inclusion Riders And Diversity Mandates, Emily Waldman
Belmont Law Review
This article examines inclusion riders, the bona fide occupational qualification defense, undue hardship, and equal burdens in the context of Title VII's prohibition of differential treatment. It also addresses the concept of 'diversity preference', affirmative action programs, and how employers can satisfy diversity preference without being discriminatory.
Title Vii Discrimination Protections & Lgbt Employees: The Need For Consistency, Certainty & Equality Post-Obergefell, Regina Hillman
Title Vii Discrimination Protections & Lgbt Employees: The Need For Consistency, Certainty & Equality Post-Obergefell, Regina Hillman
Belmont Law Review
This article explores employment protections against discriminatory practices for LGBT Americans. Factors such as jurisdiction, employment type, and geography all play a role in whether or not protections are extended to LGBT individuals. This article also examines Title VII of the Civil Rights Act of 1964, the role of the EEOC in enforcing federal laws prohibiting discrimination, as well as executive orders and protections.
Twenty Years Of Compromise: How The Caps On Damages In The Civil Rights Act Of 1991 Codified Sex Discrimination, Lynn Ridgeway Zehrt
Twenty Years Of Compromise: How The Caps On Damages In The Civil Rights Act Of 1991 Codified Sex Discrimination, Lynn Ridgeway Zehrt
Law Faculty Scholarship
This article takes a novel approach and reexamines the legislative history surrounding the enactment of the Civil Rights Act of 1991 with a central focus on exploring the issue of capped damages. Part I begins by briefly contrasting and summarizing the diverging remedies available under 42 U.S.C. § 1981 and Title VII. The article then shifts in Part II to an examination of the political climate and legislative history that forged the enactment of the 1991 Act, paying particular attention to the debate surrounding damages. This history reveals that many members of Congress had a discriminatory motive in capping damages …