Law Commons^™

Thinking Slow About Abercrombie & Fitch: Straightening Out The Judicial Confusion In The Lower Courts, Bruce N. Cameron, Blaine L. Hutchison

Pepperdine Law Review

In Abercrombie & Fitch, the U.S. Supreme Court fundamentally changed the way that Title VII religious accommodation cases are litigated and evaluated. This paper analyzes Abercrombie, explains how the Court eliminated religious accommodation as a freestanding cause of action, and suggests an altered proof framework for plaintiffs seeking an accommodation. The paper also explores the conflict between employee privacy rights and classic proof requirements for religious sincerity. The lower courts have largely failed to apprehend the change mandated by Abercrombie, with the result that their opinions are in disarray. The paper includes a chart organizing the diverse lower court opinions.

Is Title Vii > Ix?: Does Title Vii Preempt Title Ix Sex Discrimination Claims In Higher Ed Employment?, Mckenzie Miller

Catholic University Law Review

Across all job sectors, women working full-time earned about 80 percent of what men earned in 2016. Within higher education this gender gap persists in salary, hiring, promotions, and other aspects of academic employment. Professors can seemingly attempt to remedy this under Title VII of the Civil Rights Act or Title IX of the Education Amendments, both of which prohibit sex discrimination in higher education. Circuits, however, have split as to whether Title VII preempts Title IX in actions for employment discrimination in higher education.

The Third Circuit revived this split in Doe v. Mercy Catholic Medical Center, and …

Back To The Drawing Board! Legislating Hollywood, Christina Shu Jien Chong

Georgia State University Law Review

The United States Department of Justice “contended that equal employment opportunity in the broadcast industry could ‘contribute significantly toward reducing . . . discrimination in other industries’ because of the ‘enormous impact . . . television . . . [has] upon American life.’” Courts have also recognized that “communities . . . ’[must] take an active interest in the . . . quality of [television programming because television] has a vast impact on their lives and the lives of their children.’” Unfortunately, Hollywood continues to promote an insular culture that excludes minorities from influential behind-the-camera and on-screen positions.

Although the …

Split Over Sex: Federal Circuits And Executive Agencies Split Over Sexual Orientation Discrimination Under Title Vii, Darria Turner

Catholic University Law Review

Title VII of the Civil Rights Act of 1964 expressly prohibits employment discrimination on the basis of an individual’s sex. Since its enactment, neither Congress nor the Supreme Court has definitively stated whether sex discrimination based on sexual orientation is protected under Title VII. Though the judicial interpretation of sex has evolved, courts have routinely held that the protections of Title VII do not extend to claims based on sexual orientation discrimination. As three circuits faced these claims, a split was created in the circuits as well as in the two agencies tasked with the enforcement of Title VII. This …

Title Ix And Title Vii: Parallel Remedies In Combatting Sex Discrimination In Educational Employment, Lynn Ridgeway Zehrt

Marquette Law Review

The federal circuit courts of appeals are divided over the proper relationship between Title IX of the Higher Education Amendments Act of 1972 and Title VII of the Civil Rights Act of 1964. Specifically, the federal courts disagree over whether an employee of an educational institution may sue her employer for employment discrimination under either Title IX or Title VII. Some courts have concluded that these employees may not bring employment discrimination claims under Title IX, holding that Title VII provides the sole avenue for obtaining monetary relief for employment discrimination against educational institutions. Other courts have reached the opposite …

Battle Of The Sexes: Title Vii’S Failure To Protect Women From Discrimination Against Sex-Linked Conditions, Brooks Land

Georgia Law Review

No abstract provided.

Harassment: A Separate Claim?, Sandra Sperino

Belmont Law Review

This article argues that harassment is not a separate claim under Title VII by reviewing the history of discrimination law, examining Title VII's statutory language, and Supreme Court cases and procedural ambiguity in harassment law. It discusses the pitfalls of identifying harassment as a separate claim, and recommends how plaintiffs might plead harassment within the scope of Title VII.

Inclusion Riders And Diversity Mandates, Emily Waldman

Belmont Law Review

This article examines inclusion riders, the bona fide occupational qualification defense, undue hardship, and equal burdens in the context of Title VII's prohibition of differential treatment. It also addresses the concept of 'diversity preference', affirmative action programs, and how employers can satisfy diversity preference without being discriminatory.

Following The Fifth Circuit: Title Vii As The Sole Remedy For Employment Discrimination On The Basis Of Sex In Educational Institutions Receiving Federal Funds, Alicia Martinez

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Title Vii Discrimination Protections & Lgbt Employees: The Need For Consistency, Certainty & Equality Post-Obergefell, Regina Hillman

Belmont Law Review

This article explores employment protections against discriminatory practices for LGBT Americans. Factors such as jurisdiction, employment type, and geography all play a role in whether or not protections are extended to LGBT individuals. This article also examines Title VII of the Civil Rights Act of 1964, the role of the EEOC in enforcing federal laws prohibiting discrimination, as well as executive orders and protections.

The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi

Touro Law Review

No abstract provided.

The Application Of Title Ii Of The Americans With Disabilities Act To Employment Discrimination: Why The Circuits Have Gotten It Wrong, William Brooks

Touro Law Review

No abstract provided.

Mixed Signals: What Can We Expect From The Supreme Court In This Post-Ada Amendments Act Era?, Nicole Buonocore Porter

Touro Law Review

No abstract provided.