Law Commons^™

A License To Discriminate? 303 Creative V. Elenis And Where The Supreme Court May Go, Christopher J. Manettas

Touro Law Review

No abstract provided.

Utah Antidiscrimination Efforts: Shortcomings, Challenges, And The Way Forward, Greta L. Asay

Brigham Young University Prelaw Review

Despite being a pro-business state, Utah is not considered employee-friendly; employment discrimination is prevalent, in spite of the state and federal laws in place to protect against it. The state agency that is in place to safeguard employees against unlawful discrimination is the Utah Antidiscrimination and Labor Division (UALD), established by the Utah Antidiscrimination Act (UADA). While the UALD has the potential to be a powerful legal guardrail for employees, it currently is not fulfilling this potential. This paper explores the shortcomings of the UALD and argues that changes should be made to strengthen the authority of the UADA.

Panel 1 - Towards Effective Governmental Intervention: Ending Discrimination In The Workplace, Rebecca Salawdeh, Patrick Patterson, Victoria Lipnic, Carol Miaskoff, Hnin Khaing

American University Journal of Gender, Social Policy & the Law

FACILITATOR: Good morning, everyone and welcome to the “Enhancing Antidiscrimination Laws in Education and Employment Symposium”, hosted by the American University Journal of Gender, Social Policy & the Law, the American, and the National Institute for Workers’ Rights (“Institute”). And without further ado, let me pass it off to the Institute’s board president, Rebecca Salawdeh

Panel 4 - Severe Or Pervasive: Towards Empowering Workers, Allegra Fishel, Joe Sellers, Bernice Yeung, Ann Mcginley, Alexis Ronickher

American University Journal of Gender, Social Policy & the Law

FACILITATOR: All right. We’re back and I wanted to introduce our moderator for our panel, Severe or Pervasive: Towards Empowering Workers. We have Ms. Allegra Fishel moderating. Ms. Fishel is a seasoned civil rights advocate and the founder of The Gender Equality Law Center. So, thank you so much for being here and, Ms. Fishel, I turn it over to you.

Panel 5 - The Future Of Employment Law, Karla Gilbride, Geraldine Sumter, Stephen Rich, Marcia Mccormick, Michael Selmi

American University Journal of Gender, Social Policy & the Law

FACILITATOR: All right everyone, welcome to our last panel, “The Future of Employment Law.” I want to quickly introduce our moderator, Karla Gilbride, the co-director of the Access to Justice Project. Karla, you can take it away.

Foreword Introduction To Symposium: Enhancing Anti-Discrimination Laws In Education And Employment, Susan D. Carle

American University Journal of Gender, Social Policy & the Law

When this Symposium was first conceived in the Summer of 2021, the nation was just emerging from the first phases of the COVID-19 pandemic. This was the beginning of trying to go back to life as normal. Given this reawakening, the Symposium’s planning committee felt the urgency of a need to regroup, rethink, and reassess the state of employment antidiscrimination law. We were not sure where others would be on this possible project, given the newness of the hopeful end to lockdowns and social isolation and return to “normal” concerns. But we quickly found that those who joined the Symposium …

Panel 2 - Unreported Shortcomings Of Title Ix, Lisa Taylor, Leslie Annexstein, Elizabeth Kristein, Natasha Martin, Elizabeth Kristen

American University Journal of Gender, Social Policy & the Law

MODERATOR: Hello, everyone, and welcome to our second panel, Unreported Shortcomings of Title IX. I’m going to start off with a quick introduction of our moderator. Today we have Dean Lisa Taylor who is our Dean for Diversity, Inclusion and Affinity Relations at WCL. She is much beloved by students of the Journal and students of WCL in general. And I know she is going to kick off a great panel. Dean Taylor, it’s all yours.

Reflection On Progress Without Equity: Title Ix K-12 Athletics At Fifty, Elizabeth Kristen

American University Journal of Gender, Social Policy & the Law

Title IX of the Education Amendments of 1972 (“Title IX”) turned fifty this year. Despite tremendous progress for women and girls over the last five decades, the promise of gender equity in athletics remains elusive, especially at the K-12 level. Unlike so many other civil rights laws passed in the 1960s and 1970s, Title IX remains a highly under-litigated and underenforced statute. A basic Westlaw search for “Title VII of the Civil Rights Act of 1964” yields more than 10,000 federal cases. But the same search for “Title IX of the Education Amendments of 1972” yields about 2500 cases. Only …

Ensuring The Laws Barring Sexual Harassment Protect The Reticent Victim, Joseph M. Sellers, Aniko R. Schwarcz

American University Journal of Gender, Social Policy & the Law

According to multiple employee surveys, sexual harassment is one of the most underreported forms of abuse in the workplace. There are a number of reasons that reportedly account for this reluctance to complain about sexual harassment. They include the potential shame, embarrassment, and fear that may accompany reports of sexual harassment and the blame and heightened scrutiny of the victim that may be prompted by these complaints. Unlike most other forms of discrimination, where their presence may be inferred from patterns observed in workforce data, sexual harassment is typically undetectable and certainly not actionable unless it is the subject of …

Is Title Vii A “Civility Code” Only For Union Activities?, L. Camille Hebert

University of Arkansas at Little Rock Law Review

Changes to labor law by the National Labor Relations Board are nothing new; changes in Presidential administrations often result in changes to the law, based on differences in philosophy by new majorities of the Board toward the proper interpretation of the National Labor Relations Act. But in2020, the Board made a fundamental change to long-standing interpretations of the Act’s protections for union and other concerted activities, not based on the Act itself, but based on what it said were the mandates of the anti-discrimination laws for employers to prevent harassment and discrimination. The Board contended that the former context-driven standards …

Bostock, Backlash, And Beyond The Pale: Religious Retrenchment And The Future Of Lgbtq Antidiscrimination Advocacy In The Wake Of Title Vii Protection, Kyler J. Palmer

DePaul Journal for Social Justice

No abstract provided.

Challenges In Bringing Gender Equity Into The Workplace: Addressing Common Concerns Women Have When Deciding To Hold Employers Accountable For Gender Discrimination, Siobhan Klassen

Journal of Race, Gender, and Ethnicity

No abstract provided.

Movement And Countermovement Dynamics Between The Religious Right And Lgb Community Arising From Colorado’S Amendment 2, Lauren L. Yehle, Joshua C. Wilson, Nancy D. Wadsworth, Susan Schulten

DU Undergraduate Research Journal Archive

This sample of the case study of Equality Colorado will demonstrate how counter movements and litigation may limit and change how an organization surrounding a social movement acts. Colorado for Family Values helped pass Colorado’s Amendment 2 in 1992, which limited any present and future anti-discrimination legislation that would protect sexuality as a class. This ballot initiative passed by 53% of Colorado voters, and other states like Idaho and Oregon attempted to replicate this type of initiative. Amendment 2 challenged the LGB community and compelled the movement to collectively respond to the religious right with coalitions, pooled resources, and litigation. …

A Fixed Star In Shifting Skies: Barnette And Civil Rights Law, Leslie Kendrick

FIU Law Review

No abstract provided.

Burns V Corbett: What If The High Court Had Decided The Implied Freedom Of Political Communication Issue?, A. Keith K. Thompson

The University of Notre Dame Australia Law Review

Because the Commonwealth has never fulfilled its promise to domesticate the International Covenant on Civil and Political Rights 1966 (ICCPR), human rights in Australia remain an uncertain blend of federal and state anti-discrimination statutes, common law rights and constitutional implications. The litigation surrounding Tess Corbett’s media interview in Hamilton, Victoria when she was campaigning as a candidate in the 2013 federal election, highlights that uncertainty. Should her statements have been protected because the voters in Wannon, Victoria needed to know her views so as to vote in an informed way, or did New South Wales’ interest in stamping out the …

Women-Only Ridesharing In America: Rising Sexual Assault Rates Demand An Exception To Anti-Discrimination Laws, Cristina Medina

Loyola of Los Angeles Law Review

No abstract provided.

Network Neutrality And The First Amendment, Andrew Patrick, Eric Scharphorn

Michigan Telecommunications & Technology Law Review

The First Amendment reflects the conviction that the widest possible dissemination of information from diverse and antagonistic sources is essential to public welfare. Like the printing press, the Internet has dramatically transformed the marketplace of ideas by providing unprecedented opportunities for individuals to communicate. Though its growth continues to be phenomenal, broadband service providers— acting as Internet gatekeepers—have developed the ability to discriminate against specific content and applications. First, these gatekeepers intercept and inspect data transferred over public networks, then selectively block or slow it. This practice has the potential to stifle the Internet’s value as a speech platform by …

Coming Out Is A Free Pass Out: Boy Scouts Of America V. Dale, N. Nicole Endejann

Akron Law Review

This Note discusses the three Supreme Court cases that have delineated the battle between public accommodation laws and an organization’s freedom of expressive association: Roberts v. United States Jaycees, Board of Directors of Rotary International v. Rotary Club of Duarte, and New York State Club Association, Inc. v. City of New York. Specifically, this Note focuses on the development of the balancing test which courts use to protect these two constitutional freedoms. This Note then analyzes the Supreme Court’s decision in Boy Scouts of America v. Dale, pointing out its deviations from the Roberts Trilogy. Finally, this Note explains the …

Discrimination In Employment: Reflections On The European Community Experience With Particular Reference To The United Kingdom, Brian Bercusson

Georgia Journal of International & Comparative Law

No abstract provided.

Equality And The European Union, Elizabeth F. Defeis

Georgia Journal of International & Comparative Law

No abstract provided.

Report To Governor Mike Beebe, President Pro Tempore Of The Senate, And Speaker Of The House, Non-Legislative Commission On The Study Of Landlord-Tenant Laws

University of Arkansas at Little Rock Law Review

No abstract provided.

Will Eeoc V. Waffle House, Inc. Signal The Beginning Of The End For Mandatory Arbitration Agreements In The Employment Context? , Marc A. Altenbernt

Pepperdine Dispute Resolution Law Journal

Since the inception of several employment and discrimination statutes, arbitration has grown exponentially as an alternative for the adjudication of employment disputes. The Supreme Court has traditionally held that statutory claims are indeed arbitrable pursuant to a valid arbitration agreement under the Federal Arbitration Act ("FAA"). In an effort to end employment discrimination based on "race, color, religion, sex, or national origin," Congress enacted the Civil Rights Act of 1964 ("Title VII"). In order to adequately effect this calling, the Equal Employment Opportunity Commission ("EEOC") was created as the Act's primary enforcement mechanism. While arbitration agreements under the FAA and …

Heeding The Cry For Help: Addressing Lgbt Bullying As A Public Health Issue Through Law And Policy, Christina Meneses, Nicole Grimm

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Just Shoot Me: Public Accommodation Anti-Discrimination Laws Take Aim At First Amendment Freedom Of Speech, James M. Gottry

Vanderbilt Law Review

Imagine a young woman, Elaine, who is a gifted photographer. She launches a small photography business with her husband, and soon she is in demand throughout the state. Her specialty is weddings. One day Elaine receives a request to photograph a same-sex commitment ceremony. Politely, she declines, explaining that she only photographs traditional weddings. Several months later, she is contacted by the state's Human Rights Commission. Elaine learns that a complaint has been filed against her, and she is being charged with discrimination on the basis of sexual orientation.

Imagine a young man, Michael, who is a gifted filmmaker. While …

Civil Rights Litigation From The October 2007 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.

Courts' Misuse Of The Similarly Situated Concept In Employment Disrimination Law, The, Ernest F. Lidge Iii

Missouri Law Review

This Article discusses the court’s misuse of the similarly situated concept. Part II is a short summary of the employment discrimination law, concentrating on the system developed by the Supreme Court for indirectly proving an individual disparate treatment case. Under the Supreme Court’s methodology, one way that a plaintiff may prove a prima facie case is to point to a similarly situated employee who the employer treated differently. Some courts, however, require a similarly situated showing as an element of plaintiff’s prima facie case. Part III discusses the problems with such a requirement. Part III.A briefly surveys the caselaw form …

Must We Talk About That Reasonable Accommodation--The Eighth Circuit Says Yes, But Is The Answer Reasonable , Jill S. Kingsbury

Missouri Law Review

The Americans with Disabilities Act (ADA) has been hailed by advocates for persons with disabilities as the most important civil rights act passed since 1964, and as the “Emancipation Proclamation” for Americans with disabilities. Critics of the ADA “cast the law as overly broad, difficult to interpret, inefficient, and as a preferential treatment initiative.” Other question whether the law’s economic benefits outweigh its administrative costs. Empirical data also suggests that “the ADA’s track record in improving employment opportunities for individuals with disabilities appears dismal.” Aggravating the problem, and contrary to the media’s portrayal of the ADA as a windfall statute …

Undue Hardship: Title I Of The Americans With Disabilities Act, Julie Brandfield

Fordham Law Review

No abstract provided.

Standards Of Proof In Section 274b Of The Immigration Reform And Control Act Of 1986, Carlos A. Gonzalez

Vanderbilt Law Review

On November 6, 1986, President Reagan signed into law the Immigration Reform and Control Act (IRCA), proclaiming it to be the most difficult legislative undertaking in the previous three Congresses. The Act's controversial centerpiece provides for sanctions against employers who knowingly hire, recruit, or refer for a fee undocumented aliens. While these sanctions were heralded as the most comprehensive reform in immigration law in over thirty years, opposition to them in Congress and among civil rights organizations was strong. These groups feared that employers seeking to avoid sanctions would discriminate in employment against Hispanics, Asians, and other ethnically or racially …

Recent Developments: Case Note: Sexual Harassment In Employment-Violation Of Anti-Discrimination Laws Even With No Victim Loss Of Job Benefits. Bundy V. Jackson, No. 79-1693, (D.C. Circuit, Jan. 12, 1981)., Linda Lee Panlilio

University of Baltimore Law Forum

No abstract provided.