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Articles 1 - 14 of 14
Full-Text Articles in Law
Labor And Employment Law, David C. Burton, Melissa L. Lykins
Labor And Employment Law, David C. Burton, Melissa L. Lykins
University of Richmond Law Review
No abstract provided.
Immigration Reform Fuels Employment Discrimination, Natalie Prescott
Immigration Reform Fuels Employment Discrimination, Natalie Prescott
Natalie Prescott
This Article addresses the tension between two conflicting IRCA provisions: 8 U.S.C. § 1324a, which authorizes sanctions for hiring illegal immigrants, and 8 U.S.C. § 1324b, which provides that employers cannot ask foreign job applicants for proof of work authorization beyond what is specified on the I-9 form.
A Vague And Subjective Standard With Impractical Effects: The Need For Congressional Intervention After Burlington Northern & Santa Fe Railway Co. V. White, Lisa Durham Taylor
A Vague And Subjective Standard With Impractical Effects: The Need For Congressional Intervention After Burlington Northern & Santa Fe Railway Co. V. White, Lisa Durham Taylor
ExpressO
The anti-retaliation provision of Title VII of the Civil Rights Act of 1964 protects employees who report perceived workplace discrimination or who otherwise participate in the investigative or enforcement process of alleged Title VII discrimination. The statute provides little guidance, however, as to the scope of this protection. Thus, disagreement abounded among the lower federal courts, not only as to whether the anti-retaliation provision prohibited employer acts outside the workplace as well as within, but also as to the level of severity to which an alleged retaliatory act must rise in order to support a claim. The Supreme Court sought …
Federal Employment Law: Current Problems And A Call For Reform, Joseph Prud'homme
Federal Employment Law: Current Problems And A Call For Reform, Joseph Prud'homme
Journal of Race, Gender, and Ethnicity
No abstract provided.
Flying Without A Statutory Basis: Why Mcdonnell Douglas Is Not Justified By Any Statutory Construction Methodology, Sandra F. Sperino
Flying Without A Statutory Basis: Why Mcdonnell Douglas Is Not Justified By Any Statutory Construction Methodology, Sandra F. Sperino
Faculty Articles and Other Publications
The McDonnell-Douglas three-part burden-shifting framework has come under increasing attack in recent years. While policy arguments in favor of eliminating the standard are important, one of the strongest arguments in favor if its demise, is that the standard was adopted without proper regard to the operative text, the legislative history, and the broad policies of Title VII. This Article examines the McDonnell-Douglas framework through four leading models of statutory construction and concludes that a satisfactory statutory justification for the test is lacking. While it arguably may have been appropriate to justify this lapse in the past by claiming that the …
Gender Stereotyping: Expanding The Boundaries Of Title Vii: Proceedings Of The 2006 Annual Meeting, Association Of American Law Schools, Section On Employment Discrimination Law, Michelle A. Travis, Arthur S. Leonard, Joann Williams, Mirriam Cherry
Gender Stereotyping: Expanding The Boundaries Of Title Vii: Proceedings Of The 2006 Annual Meeting, Association Of American Law Schools, Section On Employment Discrimination Law, Michelle A. Travis, Arthur S. Leonard, Joann Williams, Mirriam Cherry
Articles & Chapters
No abstract provided.
The Fundamental Incoherence Of Title Vii: Making Sense Of Causation In Disparate Treatment Law, Martin J. Katz
The Fundamental Incoherence Of Title Vii: Making Sense Of Causation In Disparate Treatment Law, Martin J. Katz
Sturm College of Law: Faculty Scholarship
This Article proposes a new approach to both prohibition and compensation. On the prohibition side, it proposes penalties and incentives that are unrelated to compensation. This approach will make clear that discriminatory conduct is prohibited irrespective of its effect on plaintiffs and ensure that such conduct is adequately deterred. On the compensation side, this Article proposes a new causal standard: a “necessity-or-sufficiency” test, along with a comparative fault approach to determine what level of compensation is due. While these proposals may seem radical in the context of disparate treatment law, they are widely accepted in modern tort law—the field from …
Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru
Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru
Articles in Law Reviews & Other Academic Journals
Professional sports organizations' relationships with their players are, like other employer-employee relationships, subject to scrutiny under the antidiscrimination mandates embedded in Title VII of the Civil Rights Act of 1964. Professional sports organizations are, however, unique among employers in many respects. Most notably, unlike other employers, professional sports organizations attract avid supporters who identify deeply with the teams and their players. To the extent an organization racially discriminates, therefore, such discrimination creates the risk that fans will identify with the homogenous or racially disproportionate roster that results. The consequences of such race-based team identification are wide-reaching and potentially tragic. Through …
Employee Threshold On Federal Antidiscrimination Statutes: A Matter Of The Merits, Christine Neylon O'Brien, Stephanie Greene
Employee Threshold On Federal Antidiscrimination Statutes: A Matter Of The Merits, Christine Neylon O'Brien, Stephanie Greene
Kentucky Law Journal
No abstract provided.
Miller V. Department Of Corrections: The Application Of Title Vii To Consensual, Indirect Employer Conduct, Stephen Dacus
Miller V. Department Of Corrections: The Application Of Title Vii To Consensual, Indirect Employer Conduct, Stephen Dacus
Oklahoma Law Review
No abstract provided.
Discrimination Cases In The October 2004 Term, Eileen Kaufman
Discrimination Cases In The October 2004 Term, Eileen Kaufman
Scholarly Works
No abstract provided.
Harassment Of Sex(Y) Workers: Applying Title Vii To Sexualized Industries, Ann C. Mcginley
Harassment Of Sex(Y) Workers: Applying Title Vii To Sexualized Industries, Ann C. Mcginley
Scholarly Works
Like the women blackjack dealers at the Hard Rock, cocktail servers, exotic dancers, and prostitutes in legal brothels are vulnerable to sexual harassment by customers. The content of the four jobs reveals the fallacy of the "good girl"/"bad girl" dichotomy, because all four jobs require behavior that falls into both categories if we expand the definition of good and bad girls to include gendered behavior as well as sexual behavior. Once the defense applies to discrimination in sexualized environments, it could logically apply to sexual or racial harassment cases in companies that permit their employees to harbor and act upon …
Grutter At Work: A Title Vii Critique Of Constitutional Affirmative Action, Jessica Bulman-Pozen
Grutter At Work: A Title Vii Critique Of Constitutional Affirmative Action, Jessica Bulman-Pozen
Faculty Scholarship
This Note argues that Title VII doctrine both illuminates internal contradictions of Grutter v. Bollinger and provides a framework for reading the opinion. Grutter's diversity rationale is a broad endorsement of integration that hinges on the quantitative concept of critical mass, but the opinion's narrow-tailoring discussion instead points to a model of racial difference that champions subjective decisionmaking and threatens to jettison numerical accountability. Title VII doctrine supports a reading of Grutter that privileges a view of diversity as integration and therefore cautions against the opinion's conception of narrow tailoring. Grutter, in turn, can productively inform employment discrimination law. The …
Intersectionality And Identity: Revisiting A Wrinkle In Title Vii, Brad Areheart
Intersectionality And Identity: Revisiting A Wrinkle In Title Vii, Brad Areheart
College of Law Faculty Scholarship
This article revisits intersectionality, a way of postulating legal identity. Simply put, intersectionality acknowledges that one person's identity can never be reduced to solely one characteristic, such as religion or sex. Rather, each person's identity is constructed of the various intersections of ways one might describe oneself.In the legal context, intersectionality has typically arisen in cases of employment discrimination, where those who theoretically could file a claim under more than protected category are forced to choose only one for their claim - for example, parsing one's identity as either race or sex, even though a statute like Title VII provides …