Law Commons^™

Sex Discrimination In Pension Plans, David Brown

Dalhousie Law Journal

Legal problems involved in pension plans and the statutory regulation of pensions have been the subject of two recent articles in the Dalhousie Law Journal; Pensions: A Primer for Lawyers by Joel Fichaud' and Anne Malick's comment, Private Pensions - A Legislative Response - Nova Scotia Pension Benefits Act. 2 Sex discrimination in employment has also been well canvassed in this Journal in Elizabeth Lennon's article, Sex Discrimination in Employment: The Nova Scotia Human Rights Act. 3 The purpose of this note is to examine an issue at the nexus of these two subjects: sex discrimination in pension plans, principally …

American And British Employment Discrimination Law: An Introductory Comparative Survey, Robert N. Covington

Vanderbilt Journal of Transnational Law

Age, alienage, ethnicity, race, religion, and sex lead to differential treatment of individuals the world over. Employment discrimination is felt most acutely in those industrialized nations where one's income level is the major determinant of so many other things: where one lives, what one wears, how one's children are educated. Concern over the social and economic consequences of employment discrimination has led to the development of new legal techniques on both sides of the Atlantic. The recent enactment in Britain of the Sex Discrimination Act, 1975, and the Race Relations Act, 1976, invites a comparison of those statutes and related …

The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun

Publications

No abstract provided.

Sex Discrimination In Employment: The Nova Scotia Human Rights Act, Elizabeth Shilton Lennon

Dalhousie Law Journal

Nova Scotia enacted human rights legislation in 1963,2 but it was not until 1972 that the Act was amended to include sex as one of the prohibited grounds of discrimination. 3 Since 1957 women in Nova Scotia had had equal pay protection, 4 but this brought about no noticeable improvement in the status of women in the labour force. Some commentators have suggested that equal pay laws in fact worsened that status by giving employers economic incentives to maintain and consolidate low-paying all-female job ghettoes to avoid the effects of the legislation. 5 Equal pay legislation could have no application …

Employment Law--Sex Discrimination--Fourth Circuit Holds Private Employer's Denial Of Pregnancy-Related Disability Benefits Sex Discrimination And Violative Of Title Vii. Gilbert V. General Electric Co., 519 F.2d 661 (4th Cir. 1975), Cert. Granted, 423 U.S. 822 (1975), W. H. Boyd

South Carolina Law Review

No abstract provided.

Homosexual Discrimination In Employment, Gary R. Siniscalco

Santa Clara Law Review

No abstract provided.

The Reach Of 42 U.S.C. 1985(3): Sex Discrimination As A Gauge, Kevin E. Irwin

Cleveland State Law Review

In 1971 the United States Supreme Court held in Griffin v. Breckenridge that 42 U.S.C. § 1985(3) could be used against private citizens who conspired to deprive others of their civil rights. The Supreme Court found that Congress had originally intended for the statute to reach the actions of private citizens, and that Congress had the authority to reach such activity under the thirteenth amendment and the constitutionally protected right to travel. In so holding, however, the Court offered no indication of how future claims arising under the statute would be adjudicated in fact situations unlike the unique one encountered …

Sex Discrimination: Ad Hoc Review In The Highest Court, Victor Lynn Marcello

Louisiana Law Review

No abstract provided.

Preferential Economic Treatment For Women: Some Constitutional And Practical Implications Of Kahn V. Shevin, Margaret E. Clark

Vanderbilt Law Review

The apparent willingness on the part of three members of the Supreme Court to sustain legislation granting economic benefits to a selected subgroup of women, while failing to deal with the similar racially suspect classification issue in Defunis, is simultaneously puzzling and disturbing. The key to the result reached in Kahn may be the size of the benefit involved, or the fact that a state tax statute was involved;"' yet the underlying principles in the two cases are logically indistinguishable and the differing approaches taken by certain members of the Court in the two cases are difficult to reconcile...

Thus, …

The Impact Of Geduldig V. Aiello On The Eeoc Guidelines On Sex Discrimination, Rhoda Bunnell

Indiana Law Journal

No abstract provided.

Presumption Of Dependence In Workers' Compensation Death Benefits As A Denial Of Equal Protection, A. Russell Localio

University of Michigan Journal of Law Reform

This note will examine the sex bias prevalent in many workers' compensation statutes and the constitutionality of these statutes in light of recent Supreme Court decisions on sex discrimination. After this examination, alternative methods for effecting reform of the sex-biased death benefit provisions will be analyzed.

The Michigan Abortion Refusal Act, G. Michael White

University of Michigan Journal of Law Reform

Since the United States Supreme Court handed down the landmark decisions of Roe v. Wade andDoe v. Bolton, which placed constitutional limitations, on state regulation of abortions, efforts have been made on the federal and state levels to blunt the effect of those cases. One prevalent reaction has been the enactment of state "conscience clause" legislation, such as the Michigan Abortion Refusal Act, which seeks to extend to all hospitals the right to refuse admission of abortion patients. This legislative note will consider whether the Michigan conscience clause is legally necessary to ensure the right it seeks to …

Kahn V. Shevin And The "Heightened Rationality Test": Is The Supreme Court Promoting A Double Standard In Sex Discrimination Cases?

Washington and Lee Law Review

No abstract provided.

Pioneering Approaches To Confront Sex Bias In Housing, Betsey Friedman

Cleveland State Law Review

This Note will be a national review of the past experiences with and potential action in the area of sex discrimination in residential real estate transactions. Emphasis will be on sex discrimination in the rental of real property, with a brief review of the more commonly acknowledged problem of credit discrimination in home sale financing. The present suitability of available state remedies will be discussed, with an analysis of the charges filed. And, the emergence of Fair Housing Act racial litigation will be explored, with a view towards its application in sex discrimination housing cases.

Household Services And Child Care In The Income Tax And Social Security Laws, William D. Popkin

Indiana Law Journal

No abstract provided.

Sexism In Special Education, Patricia H. Gillespie, Albert H. Fink

IUSTITIA

The educational establishment is now reflecting the concerns of womanhood. Grudgingly, and even painfully, it seems to some, the large and complicated system of formal education acknowledges the existence of practices which are sexist both in conception and operation. At one level this sexism is directed, at many levels of awareness, toward the functionaries of the system. The economic oppression of teachers, who are mostly female, is an obvious expression of the phenomenon. Another benchmark is the limited career development opportunities available to women as educational managers and academics.

At yet another level, not the less dangerous for being more …

Affirmative Action: Quotas And Traditional University Standards With Particular Emphasis On The Role Of The Department Chairman, William D. Wheeler

IUSTITIA

The higher educational institution is often an exclusive citadel. Students are selected after close scrutiny of past achievements. Teachers as merchants of ideas, virtues, and cosmic thoughts are invited to membership only after certain academic passports have been acquired. These eligibility criteria are established by the faculty who, presumably, are the only ones capable of assessing reasonable standards for those seeking admission. Colleges and universities are closed sub-communities. They practice discrimination while giving lip service to liberal thought, knowledge, and enlightenment. It comes, therefore, as little surprise to clear thinkers that the house of intellect leads the parade of culprits …

Sex Classifications In The Social Security Benefit Structure, Martha S. West

Indiana Law Journal

No abstract provided.

Constitutional Law - Equal Protection - Discrimination Based On Sex In The Provision Of Armed Services Dependents' Benefits, Leslie Dolin Wiesenberger

Case Western Reserve Law Review

No abstract provided.

Mandatory Maternity Leaves And The Equal Protection Clause, Carole A. Masters

Kentucky Law Journal

No abstract provided.

The Emerging Constitutional Principle Of Sexual Equality, Julius G. Getman

Articles by Maurer Faculty

No abstract provided.

Self Defense For Women Lawyers: Enforcement Of Employment Rights, Giovanna M. Longo

University of Michigan Journal of Law Reform

Employment and a concomitant opportunity to compete on the basis of individual merit for the rewards of achievement, whether they be money, power, prestige, personal satisfaction in a job well done, or the fulfillment of broad social aims, contribute to the assertion of legitimate human needs for independence and self-respect, and contribute to the expression and realization of individual potential. Women professionals and professional employers need to understand the applicable law regarding the proof of sex discrimination, what exceptions there are to prohibited sex discrimination, the procedures for enforcing that law and the benefits or detriments to be expected from …

Sex Discrimination In Employment Under Title Vii Of The Civil Rights Act Of 1964, Anthony R. Mansfield

Vanderbilt Law Review

On July 2, 1964, President Johnson signed into law the Civil Rights Act of 1964,' the most far-reaching civil rights legislation in history.Much has been written about the act, but almost without exception the writers have been concerned with the ban of discrimination in employment on the basis of race or color. But the most radical and troublesome characteristic of Title VII of the Civil Rights Act is its outlawing of employment discrimination based on sex. It is the purpose of this note to examine this largely ignored aspect of the act. The inquiry will first examine the regulation of …