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Articles 1 - 18 of 18
Full-Text Articles in Law
Job Segregation, Gender Blindness, And Employee Agency, Tracy E. Higgins
Job Segregation, Gender Blindness, And Employee Agency, Tracy E. Higgins
Maine Law Review
Almost forty years after the enactment of Title VII, women's struggle for equality in the workplace continues. Although Title VII was intended to “break[] down old patterns of segregation and hierarchy,” the American workplace remains largely gender-segregated. Indeed, more than one-third of all women workers are employed in occupations in which the percentage of women exceeds 80%. Even in disciplines in which women have made gains, top status (and top paying) jobs remain male-dominated while the lower status jobs are filled by women. This pattern of gender segregation, in turn, accounts for a substantial part of the persistent wage gap …
The Unenforced Promise Of Equal Pay Acts: A National Problem And Possible Solution From Maine, Elizabeth J. Wyman Esq.
The Unenforced Promise Of Equal Pay Acts: A National Problem And Possible Solution From Maine, Elizabeth J. Wyman Esq.
Maine Law Review
Equal pay for women is a concept that has been around for a long time. It was during World War I that women were first guaranteed pay equity in the form of regulations enforced by the War Labor Board of 1918. The Board's equal pay policy required manufacturers, who put women on the payroll while male employees were serving in the military, to pay those women the same wages that were paid to the men. The National War Labor Board continued that trend through World War II. Shortly after the war, states began enacting statutes that required employers to pay …
Keynote Address: The Difference "Difference" Makes, Deborah L. Rhode
Keynote Address: The Difference "Difference" Makes, Deborah L. Rhode
Maine Law Review
Over the last two decades, we have witnessed a transformation for women in law, but not a transformation in leadership positions. Almost 30% of lawyers are women, but they represent only about 15% of federal judges and law firm partners, and about 10% of law school deans and general counsel positions at Fortune 500 companies. The same patterns are apparent in other leadership sectors, such as management and politics. Women are half the electorate but only 15% of Congress and 6% of state governors. They account for about half of managers but only 1% of the Chief Executive Officers of …
Foreword: Law, Labor And Gender, Jennifer B. Wriggins
Foreword: Law, Labor And Gender, Jennifer B. Wriggins
Maine Law Review
The theme of the conference, Law, Labor, & Gender, came out of a working group comprised of law students, lawyers, a judge, and myself. We thought that a number of issues deserved attention, ranging from current jurisprudence on employment discrimination to more theoretical issues having to do with work/family dilemmas. Professor Deborah Rhode kindly accepted our invitation to be the keynote speaker, and various other academic speakers also agreed to present papers. The working group, and the editors of the Maine Law Review, drafted and sent out a call for papers to approximately 1600 law professors and others. The Law …
Taking Care Of Business And Protecting Maine's Employees: Supervisor Liability For Employment Discrimination Under The Maine Human Rights Act, Katharine I. Rand
Taking Care Of Business And Protecting Maine's Employees: Supervisor Liability For Employment Discrimination Under The Maine Human Rights Act, Katharine I. Rand
Maine Law Review
On the heels of federal legislation prohibiting employment discrimination most states, including Maine, have enacted their own civil or human rights statutes aimed at eliminating discriminatory behavior in the workplace. Like its federal counterpart, Title VII of the Civil Rights Act of 1964 (Title VII), the Maine Human Rights Act, enacted in 1971, prohibits employers from discriminating on the basis of race, gender, age, religion, or national origin and provides a civil remedy for victims of employment discrimination. Moreover, like Title VII, the question of just who constitutes a liable “employer” under the Maine Human Rights Act has been the …
A Business Alternative: Changing Employers' Perception Of The Eeoc Mediation Program, Mark Lim
A Business Alternative: Changing Employers' Perception Of The Eeoc Mediation Program, Mark Lim
Pepperdine Dispute Resolution Law Journal
This paper will reveal employers' perception of the EEOC Mediation Program and offer viable changes that may encourage more employer participation in the mediation program. Although the mediation program is supposed to be fair and neutral, the possibility of favoritism, bias, prejudice, or the perception thereof remains high because of the mediation program's structure. If the EEOC were to make changes to its program that also creates a perception of impartiality, then employers would be more willing to participate. To demonstrate this, Part II of this article will begin by discussing the history of the EEOC from its initiating mandate …
The Muddle Of "Motivating Factor": Using The Logic Of Human Action To Inform Employment Discrimination Law, Michael Starr
The Muddle Of "Motivating Factor": Using The Logic Of Human Action To Inform Employment Discrimination Law, Michael Starr
Hofstra Labor & Employment Law Journal
No abstract provided.
Beyond "Best Practices": Employment-Discrimination Law In The Neoliberal Era, Deborah Dinner
Beyond "Best Practices": Employment-Discrimination Law In The Neoliberal Era, Deborah Dinner
Indiana Law Journal
Why does U.S. legal culture tolerate unprecedented economic inequality even as it valorizes social equality along identity lines? This Article takes a significant step toward answering this question by examining the relationship between U.S. employment-discrimination law and neoliberalism. It shows that the rise of anti-discrimination ideals in the late twentieth century was intertwined with the de-regulation of labor and with cutbacks in the welfare state. The Article argues that even “best practices” to prevent employment discrimination are insufficient to realize a labor market responsive to the needs of low-income workers for adequate wages, safe work conditions, and work hours and …
Banning The Box In Missouri: A Statewide Step In The Right Direction, Jessica Chinnadurai
Banning The Box In Missouri: A Statewide Step In The Right Direction, Jessica Chinnadurai
Missouri Law Review
Missouri, like many other states, has evaluated and decided to address employment discrimination that occurs as a result of requiring people with a criminal history to disclose that information during the initial phases of the hiring process. Efforts to eliminate bias have been seen through the “Ban the Box” movement. The movement generally advocates removing the box applicants check if they have a criminal history, opting instead to delay this question for later in the employment process. This Note analyzes the advantages and disadvantages of adopting this legislation and evaluates whether doing so leads to a lower risk of employment …
Foreword: Making Makeup Matter, Devon Carbado, Catherine Fisk, Mitu Gulati
Foreword: Making Makeup Matter, Devon Carbado, Catherine Fisk, Mitu Gulati
Catherine Fisk
More than a decade ago, Katharine Bartlett, currently Dean of Duke Law School, authored a foundational article on discrimination based on appearance choices.1 The article made a big splash, provocatively raising the question of whether discrimination claims based on dress and appearance standards are cognizable under Title VII, the federal law that prohibits discrimination on the basis of, among other aspects of identity, race and sex. [...] to a large extent, their reasoning centered on two ideas: (1) that employers have broad latitude to define the professional boundaries of their workplaces and that grooming standards are a reasonable way for …
Data-Driven Discrimination At Work, Pauline T. Kim
Data-Driven Discrimination At Work, Pauline T. Kim
AI-DR Collection
A data revolution is transforming the workplace. Employers are increasingly relying on algorithms to decide who gets interviewed, hired, or promoted. Although data algorithms can help to avoid biased human decision-making, they also risk introducing new sources of bias. Algorithms built on inaccurate, biased, or unrepresentative data can produce outcomes biased along lines of race, sex, or other protected characteristics. Data mining techniques may cause employment decisions to be based on correlations rather than causal relationships; they may obscure the basis on which employment decisions are made; and they may further exacerbate inequality because error detection is limited and feedback …
Against Gay Potemkin Villages: Title Vii And Sexual Orientation Discrimination, Anthony Michael Kreis
Against Gay Potemkin Villages: Title Vii And Sexual Orientation Discrimination, Anthony Michael Kreis
All Faculty Scholarship
Should Title VII allow employers to invoke a “love the sin, hate the sinner” defense to escape liability for firing lesbians, gays, and bisexuals? According to one prominent federal judge, the answer is “yes.”This Essay examines federal judges’ evolving and correct recognition that sexual orientation discrimination claims are colorable under Title VII’s existing framework. The Essay compares the arguments concerning the actionability of sexual orientation claims laid forth in the Second Circuit (Christiansen v. Omnicom), the 7th Circuit (Hively v. Ivy Tech), and the Eleventh Circuit (Evans v. Georgia Regional Hospital).The Essay argues against the position taken by one member …
Coaches In Court: Legal Challenges To Sex Discrimination In College Athletics, Erin E. Buzuvis
Coaches In Court: Legal Challenges To Sex Discrimination In College Athletics, Erin E. Buzuvis
Faculty Scholarship
Sex discrimination continues to operate in the working environment of college athletics. Female coaches experience bias both because of their sex and the intersections of gender stereotypes with stereotypes about women of color, lesbians, and aging. The law continues to be a leverage to challenge barriers to women’s leadership in college sports. This Article provides an overview of the relevant legal protections in three cases brought by coaches Beth Burns, Tracey Griesbaum, and Shannon Miller. Their cases expose discrimination and the double standard related to the value of female coaches’ success.
Transsexual, Transgender, Trans: Reading Judicial Nomenclature In Title Vii Cases, Kris Franklin, Sarah Chinn
Transsexual, Transgender, Trans: Reading Judicial Nomenclature In Title Vii Cases, Kris Franklin, Sarah Chinn
Articles & Chapters
No abstract provided.
Employer Liability For Non-Employee Discrimination, Dallan F. Flake
Employer Liability For Non-Employee Discrimination, Dallan F. Flake
Law Faculty Scholarship
No abstract provided.
The Impact Of Wal-Mart V. Dukes On Employment Discrimination Class Actions Five Years Out: A Forecast That Suggests More Of A Wave Than A Tsunami, Suzette M. Malveaux
The Impact Of Wal-Mart V. Dukes On Employment Discrimination Class Actions Five Years Out: A Forecast That Suggests More Of A Wave Than A Tsunami, Suzette M. Malveaux
Publications
No abstract provided.
People Analytics And Invisible Labor, Miriam A. Cherry
People Analytics And Invisible Labor, Miriam A. Cherry
All Faculty Scholarship
This article explores two trends in labor and employment law: people analytics and invisible labor. People analytics includes the practice of employers using quantitative data to make objective decisions regarding employees. Invisible labor includes work that is unrecognized because it involves emotional work, or that is hidden due to the intermediation of technology. The article then discusses the paradox of the two trends. As people analytics relies on data for decision-making, how can employers use data analytics if there are increasingly invisible components to work? The article considers solutions: should people analytics include components of hidden labor, explicitly recognize and …
Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr.
Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr.
Law Faculty Articles and Essays
This article is set forth in five parts. Part II is largely descriptive and focuses on two aspects of Obergefell: (1) the Court's clarification that adult, private, consensual, same-sex sexual intimacy is a fundamental right, protected by the U.S. Constitution's Fourteenth Amendment Due Process Clause and (2) the Court's recognition that leading mental health and medical groups consider sexual orientation to be immutable. Part III examines how courts and the EEOC have treated sexual orientation discrimination under Title VII and contains a normative discussion which argues—consistent with the position of other commentators, some courts, and the EEOC—that sexual orientation …