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Full-Text Articles in Law
Wage Discrimination And Job Segregation: The Survival Of A Theory, Ruth G. Blumrosen
Wage Discrimination And Job Segregation: The Survival Of A Theory, Ruth G. Blumrosen
University of Michigan Journal of Law Reform
My earlier article in this journal, Wage Discrimination, Job Segregation, and Title VII of the Civil Rights Act of 1964, advanced the theory that the same discriminatory factors which lead to job segregation are also likely to be responsible for wage differentials between segregated jobs. The discriminatorily depressed wage rate of the segregated job is therefore one of the "adverse effects" under Griggs v. Duke Power Co. of job segregation. In order to establish a prima facie case of wage discrimination in a Title VII action, plaintiffs must show the fact of job segregation - that the jobs were …
Title Vi, Title Ix, And The Private University: Defining "Recipient" And "Program Or Part Thereof", Michigan Law Review
Title Vi, Title Ix, And The Private University: Defining "Recipient" And "Program Or Part Thereof", Michigan Law Review
Michigan Law Review
This Note explores the meaning of "recipient" and "program or part thereof' in title VI and title IX. Section I studies federal court definitions of "recipient" and the legislative history of title VI; it concludes that only organizations that exercise discretion in disbursing federal funds to students are "recipients." Section II explores the "program or part thereof' language as applied to the university by examining legislative history and recent discrimination cases. It argues that, since Congress sought to protect beneficiaries both from discrimination and from overbroad cutoffs, courts and agencies should draw the perimeters of a funds cutoff by balancing …
Birth Defects Caused By Parental Exposure To Workplace Hazards: The Interface Of Title Vii With Osha And Tort Law, Lynne Darcy
Birth Defects Caused By Parental Exposure To Workplace Hazards: The Interface Of Title Vii With Osha And Tort Law, Lynne Darcy
University of Michigan Journal of Law Reform
This article will examine the problem of workers' exposure to toxic substances that affect human reproductive functions in light of the applicable legal framework provided by tort law, the Occupational Safety and Health Act of 1970 (OSHA), and Title VII of the Civil Rights Act of 1964. What employers may do to deal with this problem under existing law, and possible resolutions of some apparent conflicts between the underlying purposes of these laws, will also be delineated. It is the position of this article that the competing interests of employers, workers, and workers' offspring must be harmonized not by excluding …
Sexual Harassment And Title Vii: The Foundation For The Elimination Of Sexual Cooperation As An Employment Condition, Michigan Law Review
Sexual Harassment And Title Vii: The Foundation For The Elimination Of Sexual Cooperation As An Employment Condition, Michigan Law Review
Michigan Law Review
Ten years after the enactment of Title VII, the federal judiciary confronted its first Title VII case in which sexual harassment was the primary allegation. In the next three-and-one-half years, six more claims of sexual harassment reached federal district courts, 4 and three federal circuit courts of appeal reviewed lower court holdings.
Neither these cases nor the considerable journalistic and academic attention they received reveals a consensus regarding the appropriate application of Title VII to cases of sexual harassment. This Note, therefore, examines the application of Title VII to the problem of sexual harassment and suggests a coherent framework for …
Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine
Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine
Articles
Title VII of the Civil Rights Act of 1964 was adopted in an atmosphere of monumental naivete. Congress apparently believed that equal employment opportunity could be achieved simply by forbidding employers or unions to "discriminate" on the basis of "race, color, religion, sex, or national origin," and expressly disavowed any intention to require "preferential treatment." Perhaps animated by the Supreme Court's stirring desegregation decisions of the 1950's, the proponents of civil rights legislation made "color-blindness" the rallying cry of the hour. Today we know better. The dreary statistics, so familiar to anyone who works in this field, tell the story. …
The Constitutionality Of The 1972 Amendment To Title Vii's Exemption For Religious Organizations, Michigan Law Review
The Constitutionality Of The 1972 Amendment To Title Vii's Exemption For Religious Organizations, Michigan Law Review
Michigan Law Review
This note will examine the constitutionality of the title VII exemption for religious associations, focusing on the extent to which the exemption is required by the free exercise clause and the extent to which it must be limited to avoid conflict with the establishment clause. The religion clauses will be considered solely in the context of the private business sector; this note will not consider the possibility that the establishment clause would require a narrower exemption for a quasi-public institution, such as a broadcast licensee or a religious association receiving public funds.
Title Vii And Nlra: Protection Of Extra-Union Opposition To Employment Discrimination, Michigan Law Review
Title Vii And Nlra: Protection Of Extra-Union Opposition To Employment Discrimination, Michigan Law Review
Michigan Law Review
Title VII of the 1964 Civil Rights Act guarantees freedom from employment discrimination based on race, religion, sex, or national origin and establishes remedial procedures for aggrieved employees. A nondiscrimination clause in a collective bargaining agreement may also protect employees from discriminatory treatment; typically, the contract will also contain grievance machinery through which the employee, with the aid of his union, can present his complaint. The question remains: When both title VII and contract grievance procedures are available, can an individual employee or a group of employees take direct action against an allegedly discriminatory employer independently of the union and …
Judicial Review And Discrimination In Federally Assisted Housing: The Enforcement Of Title Vi, Barry M. Block
Judicial Review And Discrimination In Federally Assisted Housing: The Enforcement Of Title Vi, Barry M. Block
University of Michigan Journal of Law Reform
Section 602 of the Act was enacted to enable federal agencies to enforce this policy, and it authorizes them to issue rules and regulations which, while consistent with the objectives of the program authorizing the assistance, effectuate the provisions of Section 601. To enforce these regulations, an agency may terminate assistance to noncomplying programs, or use any other means authorized by law.
Facially Neutral Criteria And Discrimination Under Title Vii: "Built-In Headwinds" Or Permissible Practices?, Dianne Brou Fraser
Facially Neutral Criteria And Discrimination Under Title Vii: "Built-In Headwinds" Or Permissible Practices?, Dianne Brou Fraser
University of Michigan Journal of Law Reform
This article discusses how Title VII affects the operation of these facially neutral practices and attempts to determine when such practices are unlawful under Title VII. It also discusses the possible effects of the Equal Employment Opportunity Act of 1972 on this problem.
Religious Discrimination And The Role Of Arbitration Under Title Vii, Harry T. Edwards, Joel H. Kaplan
Religious Discrimination And The Role Of Arbitration Under Title Vii, Harry T. Edwards, Joel H. Kaplan
Michigan Law Review
One of the major thrusts of the Civil Rights Act of 1964, passed by the 88th Congress of the United States after much procrastination and debate, is title VII, the Equal Employment Opportunity Act, which prohibits selected forms of employment discrimination.
In drafting title VII, the proponents of the Act were chiefly concerned with racial discrimination in employment. In fact, the entire Civil Rights Act was written with an eye toward the elimination of the "glaring ... discrimination against Negroes which exists throughout our nation." Given this intent, it is not surprising that, during the hearings and debates preceding the …