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Articles 1171 - 1200 of 1681

Full-Text Articles in Civil Rights and Discrimination

Affirmative Action In The Workplace: The Signficance Of Grutter?, Rebecca H. White Jan 2004

Affirmative Action In The Workplace: The Signficance Of Grutter?, Rebecca H. White

Scholarly Works

The Supreme Court's decision last term in Grutter v. Bollinger answered important questions about the affirmative use of race in the educational context. I have been asked by the editors of the Kentucky Law Journal to explore the impact the decision is like to have on affirmative action in a different context--employment. Simply put, to what extent does Grutter affect a public or private employer's ability to voluntarily adopt an affirmative action plan in order to diversify its workplace? The short answer, of course, is that the Grutter decision does not directly apply to the affirmative use of race or …

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What Is An Employer's Liability For Constructive Discharge Under Title Vii? An Analysis Of Pennsylvania State Police V. Suders, Barbara J. Fick Jan 2004

What Is An Employer's Liability For Constructive Discharge Under Title Vii? An Analysis Of Pennsylvania State Police V. Suders, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Pennsylvania State Police v. Suders, 542 U.S. 129 (2004). In this case involving Title VII, the author expected the Court to analyze whether whether a constructive discharge caused by supervisory harassment is a tangible employment action for purposes of imposing striet liability.

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Abuse Of Female Sweatshop Laborers: Another Form Of Sexual Harassment That Does Not Fit Neatly Into The Judiciary's Current Understanding Of Discrimination Because Of Sex, Gregory A. Bullman Oct 2003

Abuse Of Female Sweatshop Laborers: Another Form Of Sexual Harassment That Does Not Fit Neatly Into The Judiciary's Current Understanding Of Discrimination Because Of Sex, Gregory A. Bullman

Indiana Law Journal

No abstract provided.

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Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2003

Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

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Man Who Gave In To Jealous Wife's Demands By Firing Pregnant Secretary Committed Pregnancy Discrimination, Says The New York Court Of Appeals, Amanda Jordan Sep 2003

Man Who Gave In To Jealous Wife's Demands By Firing Pregnant Secretary Committed Pregnancy Discrimination, Says The New York Court Of Appeals, Amanda Jordan

Buffalo Women's Law Journal

No abstract provided.

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Adams V. Florida Power Corp. And The Trend Of Lowering An Employer's Burden Of Proof To Rebut Age Discrimination Claims, Daniel K. Brough Sep 2003

Adams V. Florida Power Corp. And The Trend Of Lowering An Employer's Burden Of Proof To Rebut Age Discrimination Claims, Daniel K. Brough

BYU Law Review

No abstract provided.

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Pretender In Paradise, J. Richard Cohen Apr 2003

Pretender In Paradise, J. Richard Cohen

The Journal of Appellate Practice and Process

No abstract provided.

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What's Law Got To Do With It?: Historical Considerations On Class Struggle, Boundaries Of Constraint, And Capitalist Authority, Bryan D. Palmer Apr 2003

What's Law Got To Do With It?: Historical Considerations On Class Struggle, Boundaries Of Constraint, And Capitalist Authority, Bryan D. Palmer

Osgoode Hall Law Journal

This article offers a preliminary theoretical statement on the law as a set of boundaries constraining class struggle in the interests of capitalist authority. But those boundaries are not forever fixed, and are constantly evolving through the pressures exerted on them by active working-class resistance, some of which takes the form of overt civil disobedience. To illustrate this process, the author explores the ways in which specific moments of labour upheaval in 1886, 1919, 1937, and 1946 conditioned the eventual making of industrial legality. When this legality unravelled in the post-World War II period, workers were left vulnerable and their …

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Resolving The Title Vii Partner-Employee Debate, Kristin Nicole Johnson Feb 2003

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 …

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Unlawful Discrimination Or A Necessity For A Fair Trial?: Exclusion Of A Law Clerk With A Disability From The Courtroom During Jury Trial Of A Personal Injury Case, Luther A. Granquist Jan 2003

Unlawful Discrimination Or A Necessity For A Fair Trial?: Exclusion Of A Law Clerk With A Disability From The Courtroom During Jury Trial Of A Personal Injury Case, Luther A. Granquist

William Mitchell Law Review

Today, the judicial system, broadly viewed to include bench and bar, jurors, and court personnel, includes more persons of color and more women than ever before. Issues of discrimination on the basis of race and gender continue, but progress has been made. However, few persons with evident disabilities practice law or sit on the bench. Perhaps that is why the very presence of a man with serious disabilities prompts concerns about the effect that he will have, just being there, on the outcome of a case. When more persons with evident disabilities, more persons who use wheelchairs or have personal …

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Critical Interventions: Toward An Expansive Equality Approach To The Doctrine Of Good Faith In Contract Law, Emily Houh Jan 2003

Critical Interventions: Toward An Expansive Equality Approach To The Doctrine Of Good Faith In Contract Law, Emily Houh

Faculty Articles and Other Publications

This article argues that courts should use the doctrine of good faith in contract law to prohibit improper considerations of race in contract formation and performance, and should recognize good faith as a device for eliminating racial subordination that can function beyond the scope of conventional civil rights discourse. Although civil rights laws provide important remedies to victims of discrimination, the elimination of racial subordination cannot remain the exclusive domain of civil rights law. Rather, other substantive areas of law can and should incorporate expansive equality principles to achieve that end. For example, this article demonstrates how the implied obligation …

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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 Jan 2003

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.

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Employers Who Implement Pre-Employment Tests To Screen Their Applicants, Beware (Or Not): An Analysis Of Lanning V. Southeastern Pennsylvania Transportation Authority And The Business Necessity Defense As Applied In Third Circuit Employment Discrimination Cases, Michael R. Sarno Jan 2003

Employers Who Implement Pre-Employment Tests To Screen Their Applicants, Beware (Or Not): An Analysis Of Lanning V. Southeastern Pennsylvania Transportation Authority And The Business Necessity Defense As Applied In Third Circuit Employment Discrimination Cases, Michael R. Sarno

Villanova Law Review (1956 - )

No abstract provided.

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Caution: Men At Work, Ekee Ehrlich Jan 2003

Caution: Men At Work, Ekee Ehrlich

Cardozo Journal of Equal Rights & Social Justice

The article highlights the challenges faced by pregnant women in the workplace, emphasizing the discrimination and gender stereotypes they encounter. Through the author's personal experience, it illustrates how societal expectations and workplace policies often fail to accommodate pregnant employees, leading to potential discrimination and undue stress.

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Book Review Of Against Equality Of Opportunity, Michael Ashley Stein Jan 2003

Book Review Of Against Equality Of Opportunity, Michael Ashley Stein

Faculty Publications

No abstract provided.

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Litigation Narratives: Why Jensen V. Ellerth Didn't Change Sexual Harassment Law, But Still Has A Story Worth Telling, Melissa Hart Jan 2003

Litigation Narratives: Why Jensen V. Ellerth Didn't Change Sexual Harassment Law, But Still Has A Story Worth Telling, Melissa Hart

Publications

No abstract provided.

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Sex Plus Age Discrimination: Protecting Older Women Workers, Nicole Buonocore Porter Jan 2003

Sex Plus Age Discrimination: Protecting Older Women Workers, Nicole Buonocore Porter

Faculty Publications

There is little doubt that sexism and ageism still exist. To remedy these "isms," there are laws to protect both women and older workers from discrimination in the workplace, namely Title VII of the Civil Rights Act of 1964 ("Title VII"), which prohibits sex discrimination as well as discrimination based on many other protected categories, and the Age Discrimination in Employment Act of 1967 ("ADEA"), which prohibits age discrimination. Despite these protections, an older woman cannot bring a claim based on the fact that she feels she was discriminated against because she is an older woman. In other words, her …

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The Colorblind Lottery, Pauline Kim Jan 2003

The Colorblind Lottery, Pauline Kim

Scholarship@WashULaw

Although the Supreme Court upheld Michigan Law School's admissions policies in Grutter, the multiple opinions in that case revealed the deep divisions that remain over the legitimacy of race-conscious policies and the meaning of equal protection. At the heart of this division lies disagreement over the concept of colorblindness. For Justices Scalia and Thomas, as well as the advocacy groups that backed the plaintiffs in Grutter and Gratz, colorblindness is an absolute imperative, prohibiting race-conscious decision-making in all but the most dire situations. This insistence on formal colorblindness has lead to the conclusion in several recent court cases that race-conscious …

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Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler Dec 2002

Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler

Michigan Law Review

When Congress passed the Americans with Disabilities Act ("ADA") on July 26, 1990, supporters heralded the Act as a full-scale victory for the 43 million disabled Americans. The Act's protections went far beyond those of its predecessor, the Rehabilitation Act of 1974, which only prohibited discrimination against individuals with disabilities by entities receiving federal funding. The new act was intended to prevent discrimination by private and public employers, public services, and public accommodations. In a bill signing ceremony at the White House, in front of more than two thousand advocates for the disabled, then President George Bush likened the ADA …

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The Case Against Employment Tester Standing Under Title Vii And 42 U.S.C. § 1981, Michael Bowling Oct 2002

The Case Against Employment Tester Standing Under Title Vii And 42 U.S.C. § 1981, Michael Bowling

Michigan Law Review

In 1964, Congress passed comprehensive legislation aimed at eradicating discrimination in employment, public accommodations, public facilities, public schools, and federal benefit programs. Title VII of this Act directed its aim specifically at stamping out prejudice in employment. Four years later, the Supreme Court resurrected the provisions of § 1 of the Civil Rights Act of 1866, which, among other things, protects citizens, regardless of race or color, in their right to "make and enforce [employment] contracts." Together, Title VII and § 1981 serve as the primary legal bases for challenging racially discriminatory actioris by private employers. More than thirty years …

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After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover Jul 2002

After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover

Faculty Publications

In this Article, Professor Grover argues that courts too readily allow employers to avoid vicarious liability far supervisors' unlawful sexual harassment of subordinates. The Article explores the breadth of the affirmative defense first introduced in the Supreme Court's 1998 cases of Faragher v. Boca Raton and Burlington Indus., Inc. v. Ellerth. That defense clears an employer of liability for a supervisor's unlawful sexual harassment if (a) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer …

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After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover Jun 2002

After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover

University of Michigan Journal of Law Reform

In this Article, Professor Grover argues that courts too readily allow employers to avoid vicarious liability for supervisors' unlawful sexual harassment of subordinates. The Article explores the breadth of the affirmative defense first introduced in the Supreme Court's 1998 cases of Faragher v. Boca Raton and Burlington Indus., Inc. v. Ellerth. That defense clears an employer of liability for a supervisor's unlawful sexual harassment if (a) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the …

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Parental-Status Employment Discrimination: A Wrong In Need Of A Right?, Peggie R. Smith May 2002

Parental-Status Employment Discrimination: A Wrong In Need Of A Right?, Peggie R. Smith

University of Michigan Journal of Law Reform

This Article evaluates strategies to challenge employment discrimination based on parental status. Specifically, it examines proposals put forth by some commentators to establish parental status as a protected class. While such a suggestion is attractive, the Article argues that it ultimately offers few practical advantages and remains wedded to a limited conception of equality, requiring only that employment decisions not reflect differences based on parenthood. Consequently, such a strategy would satisfy anti-discrimination legislation so long as both men and women with parental obligations are equally ill-treated. The Article concludes that a shift in perspective from gender to parental status will …

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Different Strokes For Different Folks: Balancing The Treatment Of Employers And Employees In Employment Discrimination Cases In Courts Within The Tenth Circuit Court Of Appeals, Ruben H. Arredondo Mar 2002

Different Strokes For Different Folks: Balancing The Treatment Of Employers And Employees In Employment Discrimination Cases In Courts Within The Tenth Circuit Court Of Appeals, Ruben H. Arredondo

Brigham Young University Journal of Public Law

No abstract provided.

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Genetically Defective: The Judicial Interpretation Of The Americans With Disabilities Act Fails To Protect Against Genetic Discrimination In The Workplace, 35 J. Marshall L. Rev. 457 (2002), Brian M. Holt Jan 2002

Genetically Defective: The Judicial Interpretation Of The Americans With Disabilities Act Fails To Protect Against Genetic Discrimination In The Workplace, 35 J. Marshall L. Rev. 457 (2002), Brian M. Holt

UIC Law Review

No abstract provided.

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The Customer Is Always Right… Not! Employer Liability For Third Party Sexual Harassment, Lea B. Vaughn Jan 2002

The Customer Is Always Right… Not! Employer Liability For Third Party Sexual Harassment, Lea B. Vaughn

Michigan Journal of Gender & Law

This article will ask a series of questions. What is third party sexual harassment? Under what conditions does it occur? Does it differ in any significant respects from traditional notions of sexual harassment? Should those differences, if any, make a difference in the way that the legal system addresses third party harassment? And indeed, should the problem be addressed solely through the legal system? What might an employer do to alleviate sexual harassment of this type?

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"Just Like One Of The Family": Domestic Violence Paradigms And Combating On-The-Job Violence Against Household Workers In The United States, Kristi L. Graunke Jan 2002

"Just Like One Of The Family": Domestic Violence Paradigms And Combating On-The-Job Violence Against Household Workers In The United States, Kristi L. Graunke

Michigan Journal of Gender & Law

This Article argues that the immense problem of on-the-job abuse experienced by domestic workers demands a multifaceted plan of attack. The proposed responses specifically draw upon the capacities, strengths, and resources of women, particularly comparatively privileged women, as both activists and employers of domestic workers. By describing the circumstances of domestic work in the United States from the nation's inception to the present, Part I demonstrates the prevalence and intractability of on-the-job physical and sexual abuse and argues that other women, as employers of domestic workers, have historically played a complex role in participating in, condoning, or failing to acknowledge …

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Job Segregation, Gender Blindness, And Employee Agency Symposium: Law, Labor, And Gender - New Perspectives On Labor And Gender, Tracy E. Higgins Jan 2002

Job Segregation, Gender Blindness, And Employee Agency Symposium: Law, Labor, And Gender - New Perspectives On Labor And Gender, Tracy E. Higgins

Faculty Scholarship

Almost forty years after the enactment of Title VII, women's struggle for equality in the workplace continues. Although Title VII was intended to "break[] down old patterns of segregation and hierarchy," the American workplace remains largely gender-segregated. Indeed, more than one-third of all women workers are employed in occupations in which the percentage of women exceeds 80%. Even in disciplines in which women have made gains, top status (and top paying) jobs remain male-dominated while the lower status jobs are filled by women. This pattern of gender segregation, in turn, accounts for a substantial part of the persistent wage gap …

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Reasons To Eschew Federal Lawmaking And Embrace Common Law Approaches To Genetic Discrimination, S. Candice Hoke Jan 2002

Reasons To Eschew Federal Lawmaking And Embrace Common Law Approaches To Genetic Discrimination, S. Candice Hoke

Law Faculty Articles and Essays

The main charge to me is to show you alternatives other than, for instance, federal legislation that could be deployed to rectify genetic discrimination.You may have noticed that in our conference materials, and in a number of the presentations, there has been either an explicit or an implicit call along the lines of “there ought to be a law that ...” Professor Hoffman and I agree: there ought to be some laws, but I want to talk to you a little bit about two possible, two real goals here.One is to ask you to critically evaluate whether a federal statute …

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(Un)Welcome Conduct And The Sexually Hostile Environment, Henry L. Chambers, Jr. Jan 2002

(Un)Welcome Conduct And The Sexually Hostile Environment, Henry L. Chambers, Jr.

Law Faculty Publications

As courts refine the theory underlying sexual harassment and sex discrimination, the unwelcomeness inquiry may become irrelevant to determining whether gender-based conduct is sexually harassing. In addition, the one possible remaining purpose that the unwelcomeness requirement may serve-providing notice to a putative harasser or its employer-is now served by an affirmative defense applicable to many sexual harassment claims. Consequently, its role should be reexamined. This Article does that. Part I of the Article describes a hypothetical situation that provides a context in which to consider unwelcomeness. Part II provides a brief overview of the evolving sexual harassment jurisprudence. Part III …

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