Civil Rights and Discrimination Commons^™

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.

Gavish V. Knesset, Miriam Naor, Yoram Danziger, Elyakim Rubinstein, Uzi Vogelman, Daphne Barak-Erez, Esther Hayut, Neal Hendel

Translated Opinions

Section 4 of the Retirement Age Law, 5764-2004 (hereinafter: the Law) provides that "the age at which an employee can be required to retire because of age is 67 for a man and for a woman". The petitioners challenged the validity of section 4 of the Law, and the hearin focused on the question of whether that statutory provision is constitutional.

The High Court of Justice (per President Naor, Deputy President Rubinstein and Justices Danziger, Vogelman, Barak-Erez, Hayut and Hendel concurring) dismissed the petition, holding:

The Court applies judicial review of the Knesset's primary legislation with restraint and caution. …

Just Jobs, Anita Bernstein

Faculty Scholarship

No abstract provided.

Legal Barriers To Age Discrimination In Hiring Complaints, Pnina Alon-Shenker

Dalhousie Law Journal

Studies have shown that senior workers endure longer spells of unemployment than their younger counterparts. Age discrimination has been identified as one of the main obstacles to reemployment. This article critically examines how Canadian anti-age discrimination law has responded to the contemporary challenges experienced by senior job seekers. It articulates several difficulties in our existing age discrimination legal framework by analyzing and contrasting social science literature on the present labour market experience of senior job applicants with human rights tribunal and court decisions in hiring complaints. It concludes by sketching a preliminary set of workable proposals for change that derives …

Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act, Stephanie Beige

Touro Law Review

No abstract provided.

Summary Judgement In Employment Discrimination Cases In The Eastern District Of New York, Peter J. Ausili

Touro Law Review

No abstract provided.

How To Screen For Success In Employment Law Cases, Robert M. Rosen

Touro Law Review

No abstract provided.

Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff

Touro Law Review

No abstract provided.

Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer

Touro Law Review

No abstract provided.

Three Out Of Four Economists Recommend Raising The Minimum Wage! A Closer Look At The Debate Surrounding Seattle's Minimum Wage Ordinance, Erica Bergmann

Seattle University Law Review

This Note will discuss the implications of a high minimum wage by examining the debate around the Seattle Ordinance with a particular focus on the IFA lawsuit. To analyze the possible impacts of the Seattle Ordinance, current and historical arguments both in support of and in opposition to minimum wage laws are considered. This Note ultimately concludes that the U.S. District Court rightly denied the IFA’s motion for a preliminary injunction, which would have frustrated Seattle’s experiment before it began. Seattle’s plan to implement a $15 minimum wage, and similar experiments, should be permitted to proceed because the problem of …

Petition For A Writ Of Certiorari. Flowers V. Troup County School District, 136 S.Ct. 2510 (2016) (No. 15-1144), 2016 Wl 1042969, Eric Schnapper, Ruth W. Woodling

Court Briefs

QUESTION PRESENTED Reeves v. Sanderson Plumbing Products, Inc., held in an action under the Age Discrimination in Employment Act, that a plaintiff may ordinarily prove the existence of an unlawful motive by establishing a prima facie case and demonstrating the falsity of the employer’s proffered explanation for the disputed employment, and that a plaintiff who does so need not also offer some other additional evidence of discrimination. The Eleventh Circuit held in this Title VII action that the existence of an unlawful motive may not be established in that manner; a plaintiff who establishes a prima facie case and the …

Confusion On The Court: Distinguishing Disparate Treatment From Disparate Impact In Young V. Ups And Eeoc V. Abercrombie & Fitch, Inc., Michael C. Harper

Faculty Scholarship

In two decisions in the 2014-2015 Term, Young v. United Parcel Service, Inc., and Equal Employment Opportunity Commission v. Abercrombie & Fitch, Inc., the Court seemed to give contradictory answers to an important unresolved conceptual definitional question: Does disparate treatment include assigning members of a protected group based on their protected status to a larger disfavored group that is defined by neutral principles and that includes others who are not members of the protected group? Or does such assignment have only a disparate impact on the protected status group?

In Young, the first of these decisions, all members of the …

No Good Deed Goes Unpunished: The Lack Of Protection For Volunteers Under Federal Anti-Discrimination Statutes, Lawrence D. Rosenthal

BYU Law Review

No abstract provided.

The Lawyer's Obligation To Correct Social Injustice!, James F. Gill

Fordham Urban Law Journal

No abstract provided.

Madonnas And Whores In The Workplace, Jessica Fink

William & Mary Journal of Race, Gender, and Social Justice

Much has been written about “lookism”—the preferential treatment given to those who conform to societal standards of beauty. But in a recent case before the Iowa Supreme Court, a sex discrimination plaintiff alleged “reverse-lookism,” claiming that her male employer terminated her long-term employment because she was too physically attractive, thus tempting the employer to consider entering into an extramarital affair. To the great surprise of many who followed this case, the Iowa Supreme Court sided with the employer, declining to find him liable for sex discrimination. As one might expect, uproar ensued, with the media, the public, and the academic …

Jack & Jill Take Lots Of Pills, But Jill Comes Tumbling After: Gender Inequality In Privately Funded Early Phase Clinical Trials, Shana F. Oppenheim

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Civil Rights-Newspaper Advertisements For Employment Opportunities Located In South Africa, Which Do Not On Their Face Recite Discriminatory Conditions, Do Not Violate Municipal Anti-Discrimination Laws, Nancy L. Rumble

Georgia Journal of International & Comparative Law

No abstract provided.

Presidential Legitimacy Through The Anti-Discrimination Lens, Catherine Y. Kim

Chicago-Kent Law Review

The Obama administration’s deferred action programs granting temporary relief from deportation to undocumented immigrants have focused attention to questions regarding the legitimacy of presidential lawmaking. Immigration, though, is not the only context in which the president has exercised policymaking authority. This essay examines parallel instances of executive lawmaking in the anti-discrimination area. Presidential policies relating to workplace discrimination, environmental justice, and affirmative action share some of the key features troubling critics of deferred action yet have been spared from serious constitutional challenge. These examples underscore the unique challenges to assessing the validity of actions targeting traditionally disenfranchised groups—be they noncitizens, …

The Bunk House Rules: A Materialist Approach To Legal Consciousness In The Context Of Migrant Workers’ Housing In Ontario, Adrian Smith

Osgoode Hall Law Journal

In this article, I tackle the controversy surrounding an application to convert an abandoned school into housing for migrant agricultural workers in Ontario. I examine how the written reactions of community residents to a proposed municipal zoning by-law amendment convey and invoke understandings of the legal regulation of temporary labour migration. Viewed through a legal consciousness analytical lens that has been reconstituted to attend to the material practices and contexts underpinning residents’ responses (a materialist approach to legal consciousness), the submissions intervene in the organization and regulation of agricultural labour. While rehearsing well-worn, racist colonial tropes, these responses (re)produce material …

Justice Kennedy's Big New Idea, Sandra F. Sperino

Faculty Articles and Other Publications

In a 2015 case, the Supreme Court held that plaintiffs could bring disparate impact claims under the Fair Housing Act (the "FHA"). In the majority opinion, Justice Kennedy relied heavily on the text and supporting case law interpreting Title VII of the Civil Rights Act ("Title VII") and the Age Discrimination in Employment Act (the "ADEA '). Without explicitly recognizing the powerful new idea he was advocating, Justice Kennedy's majority opinion radically reconceptualized federal employment discrimination jurisprudence. This new reading of Title VII and the ADEA changes both the theoretical framing of the discrimination statutes and greatly expands their scope. …

Brief For Catholic Lay Org. As Amici Curiae Supporting Appellant, Fratello V. Roman Catholic Archdiocese, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

Reply To Brief In Opposition, Melhorn V. Baltimore Washington Conf. Of United Methodist Church, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

The Restorative Workplace: An Organizational Learning Approach To Discrimination, Deborah Thompson Eisenberg

Faculty Scholarship

On the fiftieth anniversary of Title VII of the Civil Rights Act, many employers continue to search for ways to implement the law’s antidiscrimination and equal opportunity mandates into the workplace. The current litigation-based approach to employment discrimination under Title VII and similar laws focuses on weeding out “bad apples” who are explicitly prejudiced. This “victim-villain” paradigm may fail to correct the complex, nuanced causes of workplace discrimination, or exacerbate the problem. This article explores an alternative approach—restorative practices—that may integrate the policy goals of antidiscrimination laws into the practical realities of managing an organization. Restorative practices engage everyone in …

Petition For Writ Of Certiorari, Melhorn V. Baltimore Washington Conf. Of United Methodist Church, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

Nurturing Wings Or Clipping Them Off: The Philippine Approach To Female Labor Migration And A Potentially Redeeming Role For The Commission On Human Rights, Emily Sanchez Salcedo

Center for Business Research and Development

The large-scale migration of Filipino workers started in the 1970’s as inadequate local employment and livelihood opportunities pointed to overseas opportunities in the booming economy of oil-rich countries in the Middle East. Though initially dominated by male construction workers and seafarers, female migrant workers, mostly in the health care professions, in domestic services and in the entertainment industry, followed suit and, in the most recent available statistical report, have even slightly outnumbered the men. As of the end of 2014, 50.43% of the 2.32 million overseas Filipino workers are women. Collectively, these overseas workers sent about 27 billion dollars in …

Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney

Journal of Law and Policy

Over the past several decades, there has been an unmistakable tension between labor law and immigration law in the United States. That tension, addressed by the Supreme Court most recently in 2001, still exists for unauthorized immigrant workers who wish to assert their labor rights under the National Labor Relations Act (NLRA). While the Obama Administration has made significant strides in easing the concerns that unauthorized immigrant workers may have before filing an NLRA claim, the unavailability of the back pay remedy and the uncertainty of protection from immigration authorities leave little incentive for such workers to assert their labor …

Protecting The Compromised Worker: A Challenge For Employment Discrimination Law, Peter Siegelman

Faculty Articles and Papers

Only the very best workers are completely satisfactory, and they are not likely to be discriminated against-the cost of discrimination is too great. The law tries to protect average and even below average workers against being treated more harshly than would be the case if they were of a different race, sex, religion, or national origin, but it has difficulty achieving this goal because it is so easy to concoct a plausible reason for not hiring, or firing, or failing to promote, or denying a pay raise to, a worker who is not superlative.