Law Commons^™

Policing And The Clash Of Masculinities, Ann Mcginley

Ann McGinley

In 2014 and 2015, the news media inundated U.S. society with reports of brutal killings by police of black men in major American cities. Unfortunately, police departments do not typically keep data on police killings of civilians. The data that exist do show, however, that at least for a five-month period in 2015, there was a disproportionate rate of police killings of unarmed black men.

There is no question that race and class play a key role in the nature of policing that occurs in poor black urban neighborhoods, but the relationship between police officers and their victims is not …

Reasonable Men, Ann Mcginley

Ann McGinley

Abstract

REASONABLE MEN

Ann C. McGinley

After the Supreme Court recognized sexual harassment as a form of sex discrimination under Title VII in Meritor Savings Bank v. Vinson, lower courts used the reasonable person standard to measure whether the behavior was sufficiently severe or pervasive to constitute a hostile working environment. Cultural and radical feminists objected to the reasonable person measure, and many supported a reasonable woman standard, which the Ninth Circuit adopted in Ellison v. Brady. Because of its tendency to essentialize how women would react, many feminists soon abandoned their support for the standard. A number of circuits, …

Reasonable Men, Ann Mcginley

Ann McGinley

Abstract

REASONABLE MEN

Ann C. McGinley

After the Supreme Court recognized sexual harassment as a form of sex discrimination under Title VII in Meritor Savings Bank v. Vinson, lower courts used the reasonable person standard to measure whether the behavior was sufficiently severe or pervasive to constitute a hostile working environment. Cultural and radical feminists objected to the reasonable person measure, and many supported a reasonable woman standard, which the Ninth Circuit adopted in Ellison v. Brady. Because of its tendency to essentialize how women would react, many feminists soon abandoned their support for the standard. A number of circuits, …

Erasing Boundaries: Masculinities, Sexual Minorities, And Employment Discrimination, Ann Mcginley

Ann McGinley

This article analyzes the application of employment discrimination law to sexual minorities – lesbians, gays, bisexuals, transgender and intersex individuals. It evaluates Title VII and state anti-discrimination laws’ treatment of these individuals, and is the first article to use masculinities research, theoretical and empirical, to explain employment discrimination against sexual minorities.While the article concludes that new legislation would further the interests of sexual minorities, it posits that it is neither necessary nor sufficient to solving the employment discrimination problems of sexual minorities. A major problem lies in the courts’ binary view of sex and gender, a view that identifies men …