Law Commons^™

Rethinking Civil Rights And Employment At Will: Toward A Coherent National Discharge Policy, Ann C. Mcginley

Scholarly Works

America's employment discharge policy begs for reform. Although most states have created exceptions to the employment at will doctrine, the doctrine thrives. Title VII of the Civil Rights Act of 1964 (“Title VII”), which bans discrimination in employment based on race, gender, color, religion, and national origin, has proved ineffective in combating employment discrimination. Despite the statutory and common law exceptions to the employment at will doctrine, today's employees may have less job security than in the past. Although I applaud the Commissioners' efforts toward achieving justice in the workplace, I believe that abolishing the employment at will doctrine through …

Because I Am Black, Because I Am Woman: Remedying The Sexual Harassment Experience Of Black Women, Andrea L. Dennis

Scholarly Works

This Note examines the intersection of race and gender in the context of sexual harassment jurisprudence. Since the arrival in this country of the first female African slaves, Black women have experienced sexual harassment on the job. This Note discusses the failure of sexual harassment theory to acknowledge the unique sexual harassment experience of Black women. From the very earliest discussions of sexual harassment, the impact of the race of the victim on the experience and resulting legal claim was ignored. Feminist legal theorists, leaders in issues affecting women, have been slow to acknowledge and integrate the role of race …

Same-Sex Sexual Harassment Under Title Vii, Dale Carpenter

Faculty Journal Articles and Book Chapters

Title VII of the Civil Rights Act of 1964 prohibits private employment discrimination on the basis of "sex." In 1986, the United States Supreme Court interpreted the "no sex discrimination" command of Title VII to forbid sexual harassment on the job. In the wake of Meritor Savings Bank v. Vinson, perhaps no single area of the law is in a greater state of flux than the question of whether sexual harassment by a member of one sex against a member of the same sex is actionable under Title VII.

This Article examines the state of federal law on the …