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Articles 1 - 6 of 6
Full-Text Articles in Law
The Flood Of Pregnancy Discrimination Cases: Balancing The Interests Of Pregnant Women And Their Employers, Jennifer Yue
The Flood Of Pregnancy Discrimination Cases: Balancing The Interests Of Pregnant Women And Their Employers, Jennifer Yue
Kentucky Law Journal
No abstract provided.
The Failure Of Title Vii As A Rights-Claiming System, Deborah L. Brake, Joanna L. Grossman
The Failure Of Title Vii As A Rights-Claiming System, Deborah L. Brake, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
This Article takes a comprehensive look at the failure of Title VII as a system for claiming nondiscrimination rights. The Supreme Court's recent decision in Ledbetter v. Goodyear Tire & Rubber Company, 127 S. Ct. 2162 (2007), requiring an employee to assert a Title VII pay discrimination claim within 180 days of when the discriminatory pay decision was first made, marks the tip of the iceberg in this flawed system. In the past decade, Title VII doctrines at both ends of the rights-claiming process have become increasing hostile to employees. At the front end, Title VII imposes strict requirements on …
Instead Of Enda, A Course Correction For Title Vii, Jennifer S. Hendricks
Instead Of Enda, A Course Correction For Title Vii, Jennifer S. Hendricks
Publications
In September 2008, the D.C. federal court issued a landmark decision holding that discrimination against a transgender person was sex discrimination under Title VII. This decision throws into sharp relief the ongoing debates among supporters of the Employment Non-Discrimination Act about whether the compromise on including protection for gender identity claims. Consideration of ENDA in some form will likely be early on the agenda of the next Congress, especially under a Democratic administration likely to support the bill. This essay proposes an alternative to ENDA that would embrace the theoretical connections between sex, gender, and sexual orientation, with important practical …
The Failure Of Title Vii As A Rights-Claiming System, Deborah Brake, Joanna L. Grossman
The Failure Of Title Vii As A Rights-Claiming System, Deborah Brake, Joanna L. Grossman
Articles
This Article takes a comprehensive look at the failure of Title VII as a system for claiming nondiscrimination rights. The Supreme Court's recent decision in Ledbetter v. Goodyear Tire & Rubber Company, 127 S. Ct. 2162 (2007), requiring an employee to assert a Title VII pay discrimination claim within 180 days of when the discriminatory pay decision was first made, marks the tip of the iceberg in this flawed system. In the past decade, Title VII doctrines at both ends of the rights-claiming process have become increasing hostile to employees. At the front end, Title VII imposes strict requirements on …
What Counts As 'Discrimination' In Ledbetter And The Implications For Sex Equality Law, Deborah L. Brake
What Counts As 'Discrimination' In Ledbetter And The Implications For Sex Equality Law, Deborah L. Brake
Articles
This article, presented at a Symposium, The Roberts Court and Equal Protection: Gender, Race and Class held at the University of South Carolina School of Law in the Spring of 2008, explores the implications of the Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber Co. for sex equality law more broadly, including equal protection. There is more interrelation between statutory and constitutional equality law as a source of discrimination protections than is generally acknowledged. Although the Ledbetter decision purports to be a narrow procedural ruling regarding the statute of limitations for Title VII pay discrimination claims, at its …
Mega-Cases, Diversity, And The Elusive Goal Of Workplace Reform, Nancy Levit
Mega-Cases, Diversity, And The Elusive Goal Of Workplace Reform, Nancy Levit
Nancy Levit
Employment discrimination class action suits are part of a new wave of structural reform litigation. Like their predecessors - the school desegregation cases in the 1950s, the housing and voting inequalities cases in the 1960s, prison conditions suits in the 1970s, and environmental lawsuits since then - these are systemic challenges to major institutions affecting large segments of the public. This article explores the effectiveness of various employment discrimination remedies in reforming workplace cultures, promoting corporate accountability, and implementing real diversity.
Reviewing the architecture and aftermath of consent decrees in five major employment discrimination cases - the cases against Shoney's, …