Civil Rights and Discrimination Commons^™

Dealing With Sexual Harrassment In The Workplace: The Promise And Limitations Of Human Rights Discourse, Fay Faraday

Osgoode Hall Law Journal

This paper examines the value of liberal rights in launching a political movement against sexual harassment, while reassessing their limitations for changing the practice of harassment. For rights to benefit women, decision makers must mean the same thing women do when speaking of sexual harassment. The paper analyzes how dominant ideology misshapes the delivery of rights against sexual harassment, normalizes male aggression, and reconstructs the struggle into one not about power but about taste, free speech, and a conflict between abstract rights. The paper examines how other rights discourses can empower women to combat harassment in a proactive way.

St. Mary's Honor Center V. Hicks: Has The Supreme Court Turned Its Back On Title Vii By Rejecting Pretext-Only, Louis M. Rappaport

Villanova Law Review (1956 - )

No abstract provided.

St. Mary's Honor Center V. Hicks: Interpretation Of Title Vii Takes A Wrong Turn, Teresa C. Postle

West Virginia Law Review

No abstract provided.

Wallace V. Dunn Construction Co.: Defining The Role Of After-Acquired Evidence In Federal Employment Discrimination Suits, Hugh Lawson Iii

Mercer Law Review

In Wallace v. Dunn Construction Co. the Eleventh Circuit Court of Appeals faced an issue of first impression in the circuit: the role of after-acquired evidence in actions arising under federal employment discrimination statutes, namely Title VII of the Civil Rights Act of 1964 and the Equal Pay Act. The court held that after-acquired evidence cases in which an employer discovers evidence constituting a permissible reason for discharging an employee after that employee has already been discharged for an impermissible reason are distinguishable from mixed-motive cases in which an employer discharges an employee for several reasons, some permissible and …

Understanding Mixed Motives Claims Under The Civil Rights Act Of 1991: An Analysis Of Intentional Discrimination Claims Based On Sex-Stereotyped Interview Questions, Heather K. Gerken

Michigan Law Review

This Note analyzes the Civil Rights Act of 1991 and relevant case law to determine whether posing sex-stereotyped interview questions is actionable conduct under Title VII. It questions whether proof of discrimination during a phase in the hiring process, specifically during the interview stage, supports a Title VII claim without other independent evidence that the hiring decision was discriminatory. Part I explains that the circuit courts have envisioned the impact of discrimination during the hiring process differently and, as a result, are divided in determining whether sex-stereotyped interview questions are actionable under Title VII. Part II examines the legislative history …

Rodrigo's Second Chronicle: The Economics And Politics Of Race, Richard Delgado

Michigan Law Review

A Review of Forbidden Grounds: The Case Against Employment Discrimination Laws by Richard Epstein

The Affirmative Action/Quota Issue: Back To The Future In The Year 2000? (The Ben J. Altheimer Lecture), James E. Jones Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

The Charge-Filing Requirement Of The Age Discrimination In Employment Act: Accrual And Equitable Modification, Jim Beall

Michigan Law Review

This Note argues that ADEA causes of action should accrue when the plaintiff discovers, or reasonably should have discovered, that she has been injured by an adverse employment action such as discharge, demotion, denial of a position or promotion, or receipt of pay lower than employees doing the same job. Courts should equitably modify the filing period for the time in which the plaintiff reasonably failed to file a charge even though she already knew of the adverse employment action. Such a situation arises largely in two contexts: (1) when an employer engages in active misconduct that keeps the plaintiff …

Filling An Enforcement Void: Using Testers To Uncover And Remedy Discrimination In Hiring For Lower-Skilled, Entry-Level Jobs, Michael J. Yelnosky

University of Michigan Journal of Law Reform

Part I of this Article concludes that the current enforcement scheme under Title VII has resulted in underenforcement of the Act in the context of hiring for lower-skilled, entry-level jobs and that testers should be used to fill that enforcement void. Part II agrees with the EEOC's conclusion that testers have standing to sue under Title VII.

Parts III and IV assert that the EEOC cannot rely on private testers to fill the enforcement void. First, under current doctrine, prevailing testers can obtain only "de minimis" or "technical" relief from an offending employer and therefore cannot recover attorneys' fees. Moreover, …

Structures Of Subordination: Women Of Color At The Intersection Of Title Vii And The Nlra. Not!, Elizabeth M. Iglesias

Articles

No abstract provided.

Sexual Harassment, Wrongful Discharge, And Employer Liability: The Employer's Dilemma, Sarah Needleman Kline

American University Law Review

No abstract provided.

Liberty Vs. Equality: In Defense Of Privileged White Males, Nancy E. Dowd

UF Law Faculty Publications

In this book review, Professor Dowd reviews Forbidden Grounds: The Case Against Employment Discrimination Laws, by Richard A. Epstein (1992). First, Professor Dowd sets forth the thesis and arguments of Epstein’s book and explores her general criticisms in more detail. Next, she explores Epstein’s core argument pitting liberty against equality from two perspectives: that of the privileged white male and that of minorities and women. Finally, Professor Dowd argues that Epstein’s position cannot be viewed as an argument that most minorities or women would make, as it fails to take account of their stories.

Tester Standing In Employment Discrimination Cases Under 42 U.S.C. 1981, Michelle Landever

Cleveland State Law Review

There is little direct evidence about the nature and extent of hiring discrimination in the United States. There is no empirical evidence that discrimination has been eliminated; and even across the political spectrum there is recognition that the problem still persists. As many more claims pertaining to promotions and terminations are filed, there is a misperception that these reflect a more serious problem than that of hiring discrimination. Victims of hiring discrimination are less likely to know that they have been discriminated against, and to have access to information needed to prove it. Thus, as discrimination at the hiring stage …

Credulous Courts And The Tortured Trilogy: The Improper Use Of Summary Judgment In Title Vii And Adea Cases, Ann C. Mcginley

Scholarly Works

Civil rights are under siege. In mid-1989, the United States Supreme Court decided several cases that severely limit the civil rights claims and remedies available to a plaintiff claiming employment discrimination. This Article examines the gradual and continuing erosion of the factfinder's role in federal employment discrimination cases and its replacement by an increasing use of summary judgment through which the courts make pretrial determinations formerly reserved for the factfinder at trial. This trend not only represents a major shift in court procedure and, in the case of age discrimination claims, a transfer of power from juries to judges, but …

Reinventing Reality: The Impermissible Intrusion Of After-Acquired Evidence In Title Vii Litigation, Ann C. Mcginley

Scholarly Works

This Article analyzes the use of after-acquired evidence to defeat a discrimination victim's claim against her employer. The use of the Mount Healthy and Price Waterhouse mixed motives analysis in after-acquired evidence cases is misplaced because it is impossible for the permissible motive—resume fraud—to have been a factor in the adverse employment decision. Furthermore, after the enactment of the Civil Rights Act of 1991, it would be an improper judicial intrusion upon the power of the legislature for courts to apply mixed motives analysis to these cases. Besides the constitutional limitation on the judiciary's power created by the Civil Rights …

Roots Of The Underclass: The Decline Of Laissez-Faire Jurisprudence And The Rise Of Racist Labor Legislation, David E. Bernstein

American University Law Review

No abstract provided.

Overqualified, Unqualified Or Just Right: Thinking About Age Discrimination And Taggart V. Time, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Reagan Redux: Civil Rights Under Bush, Neal Devins

Faculty Publications

No abstract provided.

A Unified Approach To Causation In Disparate Treatment Cases: Using Sexual Harassment By Supervisors As The Causal Nexus For The Discriminatory Motivating Factor In Mixed Motive Cases, Margaret E. Johnson

All Faculty Scholarship

This Comment examines a unified approach for disparate treatment mixed motives claims paired with sexual harassment claims under Title VII. The Author argues that because of the policy for nondiscriminatory and desegregated work environments embodied in Title VII, and because of the documented harm resulting from sexual harassment, courts should allow the burden of proof to shift to the defendant if the plaintiff demonstrates that her supervisor sexually harassed her, or condoned the harassment, and that the harassing supervisor made an employment decision that was adverse to her.

The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis

Articles

No abstract provided.

An Administrative Battle Of The Forms: The Eeoc's Intake Questionnaire And Charge Of Discrimination, Laurie M. Stegman

Michigan Law Review

This Note argues that the EEOC's interpretation of Title VII as reflected in its regulations is consistent with underlying statutory intent and strikes an appropriate balance between the needs of employers and employees. Therefore, Congress should amend section 706(b) of Title VII of the Civil Rights Act of 1964 to provide that a charge must be verified prior to the commencement of an EEOC investigation but not necessarily within the statutory filing period. Part I examines the legislative history of Title VII and its integrated procedures for obtaining administrative and judicial relief. Part II critiques the various ways in which …

You've Built The Bridge, Why Don't You Cross It? A Call For State Labor Laws Prohibiting Private Employment Discrimination On The Basis Of Sexual Orientation, David E. Morrison

University of Michigan Journal of Law Reform

The call for legal reform to prevent discrimination on the basis of sexual orientation has been prevalent since at least the 1970s. Part I of this Note examines sexual orientation as a protected status at the federal and state level. Tracing the development of case law interpreting Title VII, it is evident that current federal laws have been of little use to gay men and lesbians. As a result, employment discrimination against homosexuals has been widespread. Part II of this Note discusses how the foundation for reform already has been created at the state level. This foundation began with state …

Adea Front Pay Awards: Who Should Determine The Amount?, B. Todd Bailey

BYU Law Review

No abstract provided.

Statistics For Wage Discrimination Cases: Why The Statistical Models Used Cannot Prove Or Disprove Sex Discrimination, James T. Mckeown

Indiana Law Journal

No abstract provided.

Employment Equality, Affirmative Action, And The Constitutional Political Consensus, Robert A. Sedler

Michigan Law Review

A Review of Equality Transformed: A Quarter-Century of Affirmative Action by Herman Belz and A Conflict of Rights: The Supreme Court and Affirmative Action by Melvin I. Urofsky

Affirmative Action At Work: Law Politics, And Ethics, Michael K. Ross

Michigan Law Review

A Review of Affirmative Action at Work: Law Politics, and Ethics by Bron Raymond Taylor

West Virginia's New Workers' Compensation Anti-Discrimination Provision: The Road To Court Is Paved With Good Intentions, Bryan R. Cokeley

West Virginia Law Review

No abstract provided.

Title Vii & The Civil Rights Act Of 1991: What Professional Firms Should Know, Ezra T. Clark Iii

Brigham Young University Journal of Public Law

No abstract provided.

Judicial And Administrative Interpretations Of The Bona Fide Occupational Qualification As Applied To The Age Discrimination In Employment Act, Tracy Karen Finkelstein

Cleveland State Law Review

This note will examine administrative and judicial standards used to prevent age discrimination in employment decisions. The first section will analyze the ADEA, enacted in response to the growing concern about age discrimination. The second section will discuss the Bona Fide Occupational Qualification exception to the ADEA's prohibition against age discrimination. Finally, the concerns particular to the airline industry regarding its age-related policies will be presented together with the responses of the FAA, the Equal Employment Opportunity Commission, and the judiciary in an attempt to clarify and resolve the difficulties inherent in situations where safety is a major concern.

Employment Discrimination—Title Vii Prohibits Fetal Protection Policy That Excludes All Fertile Women From Positions Involving Lead Exposure. International Union, United Auto Workers V. Johnson Controls, Inc., 111 S. Ct. 1196 (1991)., Edie Renee Ervin

University of Arkansas at Little Rock Law Review

No abstract provided.