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Articles 1 - 5 of 5
Full-Text Articles in Law
Factless Jurisprudence, Darren Lenard Hutchinson
Factless Jurisprudence, Darren Lenard Hutchinson
UF Law Faculty Publications
Professor Terry Smith has written a very important work on the inadequacy of juridical approaches to antidiscrimination law in the context of Title VII litigation. Smith argues that the anti-retaliation provisions of Title VII can serve more broadly as a mechanism for protecting workers of color from prohibited racial discrimination. Smith contends that contemporary equality jurisprudence, however, impedes the protective scope of the anti-retaliation provision because courts fail to appreciate the broader context of racial antagonism in which persons of color live. Particularly, courts often misinterpret lawful racial protest in the workplace as disruptive and appropriately regulated to the detriment …
Resolving The Title Vii Partner-Employee Debate, Kristin Nicole Johnson
Resolving The Title Vii Partner-Employee Debate, Kristin Nicole Johnson
Michigan Law Review
In January of 2001, a New York court issued an order affirming a plaintiff's ability to bring suit against a law firm partnership for discriminatory acts that occurred during her tenure as an associate at the firm. The plaintiff, Stacy Ballen-Stier, joined Hahn & Hessen, L.L.P. as an associate and, on January 1, 1997, the firm invited her to join the partnership. According to Ms. Ballen-Stier's complaint, the words and actions of a fellow partner, Mr. Blejwas, created a hostile and abusive work environment and continued to plague her "even when [she] was away from the office." Ms. Ballen-Stier alleged …
Equal Protection And Disparate Impact: Round Three, Richard A. Primus
Equal Protection And Disparate Impact: Round Three, Richard A. Primus
Articles
Prior inquiries into the relationship between equal protection and disparate impact have focused on whether equal protection entails a disparate impact standard and whether laws prohibiting disparate impacts can qualify as legislation enforcing equal rotection. In this Article, Professor Primus focuses on a third question: whether equal protection affirmatively forbids the use of statutory disparate impact standards. Like affirmative action, a statute restricting racially disparate impacts is a race-conscious mechanism designed to reallocate opportunities from some racial groups to others. Accordingly, the same individualist view of equal protection that has constrained the operation of affirmative action might also raise questions …
Parsing The Meaning Of Adverse Employment Action In Title Vii Disparate Treatment, Sexual Harassment, And Retaliation Claims: What Should Be Actionable Wrongdoing?, Rosalie Berger Levinson
Parsing The Meaning Of Adverse Employment Action In Title Vii Disparate Treatment, Sexual Harassment, And Retaliation Claims: What Should Be Actionable Wrongdoing?, Rosalie Berger Levinson
Oklahoma Law Review
No abstract provided.
Toward Getting Beyond The Blame Game: A Critique Of The Ideology Of Voluntarism In Title Vii Jurisprudence, Sandi Farrell
Toward Getting Beyond The Blame Game: A Critique Of The Ideology Of Voluntarism In Title Vii Jurisprudence, Sandi Farrell
Kentucky Law Journal
No abstract provided.