Civil Rights and Discrimination Commons^™

Introduction, Winn Newman

University of Michigan Journal of Law Reform

This Symposium helps to explain that "comparable worth" is merely a euphemism for garden variety discrimination that violates express prohibitions of federal antidiscrimination law and severely limits job-related opportunities and benefits for women and minorities. Hopefully, the message of this Symposium will not be lost on reasonable people: that wage discrimination is unlawful and that our energies must now be turned to developing effective means for eliminating it.

Labor Law—Employment Discrimination—Employer May Be Held Liable For Hostile Work Environment, Frances Scroggins

University of Arkansas at Little Rock Law Review

No abstract provided.

Ua21 Wku Affirmative Action Plan Volume Vii, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Administration Documents

This volume contains the Report to the President for 1985-86, and the workforce analyses, availability rates, goals and timetables for the 1986-87 academic year by department units. The goals and timetables include the ultimate goals for 1987, the last year of the five-year plan.

Non-Determinative Discrimination, Mixed Motives, And The Inner Boundary Of Discrimination Law, Sam Stonefield

Buffalo Law Review

No abstract provided.

What Disabilities Are Protected Under The Rehabilitation Act Of 1973?, David Larson

Faculty Scholarship

It can be difficult for an employer or a recipient of federal funds to determine exactly what types of disabilities are protected by the Rehabilitation Act of 1973. Relevant literature has not given a great deal of attention to this specific question. Recent cases, however, provide additional information that can assist in determining which disabilities are protected. The question of what is protected handicap differs from the question of whether a handicapped person is also “qualified.” This article focuses on the threshold question of determining whether a handicap actually exists, concentrating on the Rehabilitation Act of 1973. The definition of …

Employment Discrimination Against Cancer Victims: A Proposed Solution, Lisa Bazemore

Villanova Law Review (1956 - )

No abstract provided.

Availability Of Disparate Impact Theory To Attack A Multicomponent Employment System, Penelope M. Taylor

Villanova Law Review (1956 - )

No abstract provided.

The Metamorphosis Of Comparable Worth, Nancy E. Dowd

UF Law Faculty Publications

The concept of comparable worth has as its factual predicate two typical characteristics of women's employment: occupational concentration or segregation and significantly lower wages compared to those paid to men. What continues to be most troubling about this employment pattern is its stubborn persistence, despite the increased presence of women in the workforce and the existence for over two decades of legislation prohibiting sex discrimination in employment.

The concept of comparable worth has provoked an outpouring of emotional rhetoric and scholarly analysis debating the concept’s viability and desirability. Rather than add to that debate, Professor Dowd traces the evolution of …

Remedying Underinclusive Statutes, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: A California employer who does not want to comply with California's mandatory unpaid pregnancy leave statute has reached the United States Supreme Court. The employer seeks to have the statute invalidated, claiming it is preempted by the Pregnancy Discrimination Act of Title VII of the Civil Rights Act of 1964. The employer is arguing that the California pregnancy leave act is fatally underinclusive because it does not provide similar employment protection for workers with short-term disabilities. The district court agreed with the employer; the court of appeals did not.

A Unified Theory For Section 504 Employment Discrimination Analysis: Equivalent Costbased Standards For "Otherwise Qualified" And "Reasonable Accommodation" , Russell A. Janis

Washington and Lee Law Review

No abstract provided.

Aids And Employment Discrimination Under The Federal Rehabilitation Act Of 1973 And Virginia's Rights Of Persons With Disabilities Act, Leisa Y. Kube

University of Richmond Law Review

Acquired Immune Deficiency Syndrome (AIDS) is a fatal illness that attacks the immune system, rendering it incapable of defending the body from a variety of rare infections. In the United States, the syndrome was first observed in 1979 in isolated cases in major metropolitan areas. At that time, it affected a limited group of people, mainly homosexual men and drug abusers. Faced with a deadly illness whose cause and mode of transmission were unknown, the public understandably reacted with fear. Many AIDS victims were shunned from schools, workplaces, housing, courts, and medical facilities.

The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

An Observation About Comparable Worth, George Schatzki

Seattle University Law Review

The ultimate legal question is: Does Title VII incorporate the comparable worth doctrine? The courts are saying, "No." Their reasoning is, at best, unpersuasive. Indeed, often their reasoning is nothing more than mere conclusion. Given what I have described briefly as the legal arguments pro and con, one can easily understand that so long as Griggs remains a part of the Title VII scene, there is a rational but not compelling argument to incorporate comparable worth into the Act. How, then, does a court decide? The following discussion is offered not as an example of desirable or undesirable judicial analysis. …

The Possible Final Word On Employment Discrimination Relief, Neal Devins

Faculty Publications

No abstract provided.

Evaluation Of Subjective Selection Systems In Title Vii Employment Discrimination Cases: A Misuse Of Disparate Impact Analysis, Stacey B. Babson

Cardozo Law Review

No abstract provided.

Meritor Savings Bank, Fsb V. Vinson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Local 28 Of The Sheetmetal Workers' International Association V. Equal Employment Opportunity Commission (Eeoc), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Title Vii And The Applicability Of Disparate Impact Analysis To Subjective Selection Criteria, Jane Rigler

West Virginia Law Review

Discrimination-free employment practices have been mandated in this country for over twenty years, yet all members of American society do not share equal employment opportunities. One need only compare the unemployment rate of blacks to whites to conclude that complexion bears a remarkable relationship to employment experiences. A reminder that the earning power of American women is vastly different than that of men is evidence enough that gender is a factor in employment decisions. Most employers have abandoned their more overtly discriminatory practices such as outright refusals to employ members of racial minorities or women, termination of a woman on …

Concurrent Jurisdiction Of Title Vii Actions

Washington and Lee Law Review

No abstract provided.

Naacp V. Detroit Police Officers Association - The Demarcation Of Title Vii And The Fourteenth Amendment In Employment Discrimination, Michael L. King

North Carolina Central Law Review

No abstract provided.

The Bottom Line Limitation To The Rule Of Griggs V. Duke Power Company, James P. Scanlan

University of Michigan Journal of Law Reform

Part I of this article analyzes the background to the Teal decision and the treatment by the majority and dissent of the issue known in employment discrimination law as the "bottom line" limitation to the disparate impact theory of employment discrimination. Part II explains why, for reasons beyond those considered by the Teal majority, not only was the Court's rejection of the bottom line theory manifestly correct, but a contrary result would have had grievous consequences. Part III then argues for a similar rejection of the bottom line limitation in those situations where most observers have taken for granted that …

Punitive Damages For Wrongful Discharge Of At Will Employees, Jane P. Mallor

William & Mary Law Review

No abstract provided.

Labor Law - Employment Discrimination - Employer That Knowingly Permits Acts Of Discrimination So Intolerable That Reasonable Employee Subject To Them Would Resign May Be Liable For Constructive Discharge Under Title Vii, Howard E. Sullivan Iii

Villanova Law Review (1956 - )

No abstract provided.

Equal Employment And Third Party Privacy Interests: An Analytical Framework For Reconciling Competing Rights, Deborah Calloway

Faculty Articles and Papers

No abstract provided.

Wrongful Discharge—Sexual Harassment Equated With Prostitution To Find Public Policy Exception, Kim Vance

University of Arkansas at Little Rock Law Review

No abstract provided.

Discretionary Decisionmaking: The Application Of Title Vii's Disparate Impact Theory, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

The Liability Of Third Parties Under Title Vii, Andrew O. Schiff

University of Michigan Journal of Law Reform

This Note considers the extent to which Title VII covers discrimination by third parties other than employment agencies and labor organizations. Part I analyzes the rationale for covering third parties, discussing Title VIl's language and the policies that Congress intended it to serve. Part II proposes a framework for analyzing the liability of third parties. Part III applies this framework to three instances where courts have disagreed about the liability of a particular third party: insurance companies' administration of employee benefits, state licensing agencies' licensing of individuals for various occupations, and hospitals' granting of staff privileges to doctors.

Yankees Out Of North America: Foreign Employer Job Discrimination Against American Citizens, Michigan Law Review

Michigan Law Review

This Note explores Title VII's relationship to the hiring practices of foreign employers. It focuses on Japanese employers, who might face the toughest Title VII challenge to a business and cultural familiarity or citizenship requirement. Part I sets out arguments for and against finding intentional discrimination - disparate treatment - in either of these hiring requirements. It suggests that a court should refuse to find national origin discrimination when the employer imposes a business and cultural familiarity requirement. However, when an applicant is denied employment solely on the basis of citizenship, a strong argument may be made that the …

Seniority Rights Vs. Racial Quotas, Neal Devins

Popular Media

No abstract provided.

Denial Of Unemployment Benefits To Otherwise Eligible Women On The Basis Of Pregnancy: Section 3304(A)(12) Of Federal Unemployment Tax Act, Michigan Law Review

Michigan Law Review

This Note examines the conflicting interpretations of section 3304(a)(12) of the Federal Act. The Porcher decision serves as a point of reference throughout this Note, since opposing constructions of the section were presented in the case. Part I describes the basic framework of FUTA and presents the disparate interpretations of section 3304(a)(12) that have been advanced.

Part II analyzes section 3304(a)(12) with reference to the statutory language and legislative history. As a preliminary matter, this part considers the degree of deference that should be afforded the Secretary of Labor's certification of state programs that treat pregnancy like all other medical …