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Articles 1 - 5 of 5
Full-Text Articles in Law
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
Duke Law Journal
Following Title VII's enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination that defined a group's social identity was also sufficient legally to bind members together, even when relief had to be issued individually. Woven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely disadvantaged persons …
Moving Past Hippies And Harassment: A Historical Approach To Sex, Appearance, And The Workplace, Erica Williamson
Moving Past Hippies And Harassment: A Historical Approach To Sex, Appearance, And The Workplace, Erica Williamson
Duke Law Journal
No abstract provided.
Federal Employment Law: Current Problems And A Call For Reform, Joseph Prud'homme
Federal Employment Law: Current Problems And A Call For Reform, Joseph Prud'homme
Journal of Race, Gender, and Ethnicity
No abstract provided.
Secrecy In Context: The Shadowy Life Of Civil Rights Litigation, Minna J. Kotkin
Secrecy In Context: The Shadowy Life Of Civil Rights Litigation, Minna J. Kotkin
Chicago-Kent Law Review
This article explores how secrecy has come to pervade employment discrimination litigation as a consequence of procedural and substantive changes in the law over the last twenty-five years. In contrast to products liability and toxic tort claims, where secrecy can endanger the public health and safety, secrecy in the discrimination context has a less dramatic impact and thus, has attracted little attention. But when very few discrimination claims end in a public finding of liability, there is a significant cumulative effect, creating the appearance that workplace bias is largely a thing of the past. The trend towards secrecy can be …
A Revised Tangible Employment Action Analysis: Just What Is An Undesirable Reassignment?, Christine Bradshaw
A Revised Tangible Employment Action Analysis: Just What Is An Undesirable Reassignment?, Christine Bradshaw
American University Journal of Gender, Social Policy & the Law
No abstract provided.