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Title Vii: What's Hair (And Other Race-Based Characteristics) Got To Do With It?, D. Wendy Greene
Title Vii: What's Hair (And Other Race-Based Characteristics) Got To Do With It?, D. Wendy Greene
University of Colorado Law Review
No abstract provided.
Class Dismissed: Equal Protection, The "Class-Of-One," And Employment Discrimination After Engquist V. Oregon Department Of Agriculture, Matthew M. Morrison
Class Dismissed: Equal Protection, The "Class-Of-One," And Employment Discrimination After Engquist V. Oregon Department Of Agriculture, Matthew M. Morrison
University of Colorado Law Review
This Note examines whether government employees should be able to assert so-called "class-of-one" claims against public employers under the Fourteenth Amendment's Equal Protection Clause. Traditional equal protection claims allege that the government has impermissibly singled out the plaintiff for disparate treatment on account of his or her race, gender, or some other trait shared with a larger class of individuals. Such claims reflect the traditional understanding of the Equal Protection Clause as a prohibition on discriminatory group classifications. Class-of-one claims, however, merely allege that the plaintiff was intentionally singled out from other similarly situated individuals and subjected to unequal treatment …
Title Vii: What's Hair (And Other Race-Based Characteristics)G Ot To Do With It?, D. Wendy Greene
Title Vii: What's Hair (And Other Race-Based Characteristics)G Ot To Do With It?, D. Wendy Greene
University of Colorado Law Review
Title VII of the 1964 Civil Rights Act prohibits discrimination in employment on the basis of race, color, national origin, religion, and sex. Many Title VII cases have arisen when an applicant's or employee's non-conformity with an employer's policy barring certain hairstyles or clothing has resulted in an adverse employment action, such as a denial or termination of employment. Generally, courts have not deemed an adverse employment action resulting from an applicant's or employee's non-conformity with an employment policy banning the display of mutable characteristics commonly associated with a particular racial or ethnic group a violation of Title VIis proscription …
A Chain Of Inferences Proving Discrimination, Michael J. Zimmer
A Chain Of Inferences Proving Discrimination, Michael J. Zimmer
University of Colorado Law Review
There are three elements in a plaintiff's prima facie case of individual disparate treatment discrimination: (1) the plaintiff suffered an adverse employment action, (2) the action was linked to the defendant, and (3) the defendant's action was motivated by a protected characteristic of the plaintiff. The third element-the defendant's intent to discriminateis the most challenging to prove. Thus, most individual disparate treatment discrimination cases, and this Article, focus on this inquiry. Part of the difficulty is that the second element-the level of linkage between the plaintiff's harm and the defendant's action-has been tied up in the discussion of intent. After …