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Articles 1 - 5 of 5
Full-Text Articles in Law
Disabling Complexity: The Americans With Disabilities Act Of 1990 And Its Interaction With Other Federal Laws, Tory L. Lucas
Disabling Complexity: The Americans With Disabilities Act Of 1990 And Its Interaction With Other Federal Laws, Tory L. Lucas
Tory L. Lucas
Given the daunting breadth, depth, and sheer volume of federal legislation impacting the labor and employment arena, the task of understanding how all of the federal legislation - not to mention state and local legislation and all corresponding regulations and caselaw - interrelates may be an impossible task even for legal experts. One vital area of federal employment legislation involves protecting the rights of individuals with disabilities. The Americans with Disabilities Act of 1990 (“ADA”) seeks “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” To fulfill the ADA's vision to protect …
The Metamorphosis Of Comparable Worth, Nancy E. Dowd
The Metamorphosis Of Comparable Worth, Nancy E. Dowd
Nancy Dowd
The concept of comparable worth has as its factual predicate two typical characteristics of women's employment: occupational concentration or segregation and significantly lower wages compared to those paid to men. What continues to be most troubling about this employment pattern is its stubborn persistence, despite the increased presence of women in the workforce and the existence for over two decades of legislation prohibiting sex discrimination in employment. The concept of comparable worth has provoked an outpouring of emotional rhetoric and scholarly analysis debating the concept’s viability and desirability. Rather than add to that debate, Professor Dowd traces the evolution of …
"That Gear Stick Is Not Your Husband's P----." Why The Dissent In Vance V. Ball State University Got It Right, And A Comparison Of The Law Of Employer Vicarious Liability For Sexual Harassment In The United States And South Africa, Justin A. Behravesh
Justin A. Behravesh
This article provides unique critical analysis of the United States Supreme Court's June 2013 decision of Vance v. Ball State University, by comparing that decision to recent South African common law and statutory developments. I argue that Vance's redefinition of what constitutes a "supervisor" for purposes of vicarious liability will have devastating effect on working women in the United States. Ultimately using South African law as a model framework, I conclude that the factors that should trigger vicarious liability should be based on policy concerns, not arbitrary definitions of what constitutes a "supervisor."
Disabling The Gender Pay Gap: Lessons From The Social Model Of Disability, Michelle Travis
Disabling The Gender Pay Gap: Lessons From The Social Model Of Disability, Michelle Travis
Michelle A. Travis
As we celebrate the fiftieth anniversary of Title VII’s prohibition against sex-based compensation discrimination in the workplace, the gender wage gap remains robust and progress toward gender pay equity has stalled. This article reveals the role that causal narratives play in undermining the law’s potential for reducing the gender pay gap. The most recent causal narrative is illustrated by the “women don’t ask” and “lean in” storylines, which reveal our society’s entrenched view that women themselves are responsible for their own pay inequality. This causal narrative has also embedded itself in subtle but pernicious ways in antidiscrimination doctrine, which helps …
The Fundamental Nature Of Title Vii, Maria Ontiveros
The Fundamental Nature Of Title Vii, Maria Ontiveros
Maria L. Ontiveros
This article explores the fundamental nature of Title VII and argues that Title VII is a statute designed to protect the right to own and use one's own labor free from discrimination in order to provide meaningful economic opportunity and participation. This conclusion is based upon three different types of analysis: the elements approach; the super statute approach and the human rights approach. The "elements approach" places Title VII in context and argues that it cannot be interpreted in isolation because it is only one element of the Civil Rights Act of 1964. The "super statute approach" argues that Title …