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Full-Text Articles in Law
Mutable Characteristics And The Definition Of Discrimination Under Title Vii, Peter Brandon Bayer
Mutable Characteristics And The Definition Of Discrimination Under Title Vii, Peter Brandon Bayer
Scholarly Works
Title VII of the Civil Rights Act of 1964 prohibits racial, religious, gender, ethnic, and color discrimination in employment. In most instances the courts interpret the statute very broadly. However, a line of cases holds that discrimination predicated on a forbidden criterion coupled with a ‘mutable’—easily altered—characteristic does not constitute a violation of Title VII. This Article attempts to debunk the ‘mutable’ characteristic doctrine by discerning a general definition of discrimination under Title VII and applying that definition to demonstrate that mutability analysis contradicts the letter and spirit of the law.
Kentucky's Doctrine Of Advancements: A Time For Reform, Carolyn S. Bratt
Kentucky's Doctrine Of Advancements: A Time For Reform, Carolyn S. Bratt
Law Faculty Scholarly Articles
The act of giving a gift is accomplished so easily that the legal consequences often escape the donor. Even when a donor stops to contemplate the legal significance of her or his act, a parental donor probably is unaware that a gift to a child may affect the child's inheritance rights in the parent's estate. Kentucky is among the minority of states which continue to presume that a parental gift is intended as an advancement to the child donee. Moreover, Kentucky is one of only two states which make the presumption irrebutable. The value of the gift is charged against …