Civil Rights and Discrimination Commons^™

California Federal Savings & (And) Loan Association V. Guerra: Supreme Court Affirms California's Efforts To Accommodate Pregnancy In Fair Employment Laws, 21 J. Marshall L. Rev. 181 (1987), Judith Gallo

UIC Law Review

No abstract provided.

Feminism And Legal Method: The Difference It Makes, Mary Jane Mossman

Articles & Book Chapters

Prompted by questions raised in A Feminist Perspective in the Academy: The Difference It Makes, Mossman questions whether or not feminist theory, namely as it concerns equality and the impact of women as key actors, could impact the structure of legal inquiry.

The Attainment Of Pay Equity Between The Sexes By Legal Means: An Economic Analysis, George E. Johnson, Gary R. Solon

University of Michigan Journal of Law Reform

The purpose of this Article is to present an analysis of the gap between men's and women's wages with particular emphasis on the likely effects of various existing and proposed legal remedies. Part I sets out a simple "ideal" statistical model of wage determination. Its purpose is to identify carefully the potential impact of alternative legal remedies such as the Equal Pay Act, Title VII, and proposed policies like comparable worth. This model is ideal in the sense that, although it could be estimated in principle, there is no data set currently available with which it could actually be estimated. …

Thoughts On Comparable Worth Litigation And Organizational Strategies, Nancy Gertner

University of Michigan Journal of Law Reform

To watch the evolution of Title VIP is to watch the gradual constricting of a law that many had heralded as a tool of social change for women. Its passage represented a statement that the so-called free market had not worked for women. Women were denied access to higher paying and high-status positions. Even when a job was integrated, women's work was undervalued and their wages frequently depressed. With the passage of Title VII came the hope that the law would do what the market could not-break the cycle of discrimination.

Sex discrimination, in contrast with other forms of discrimination, …

Comparable Worth -- The Theory, Its Legal Foundation, And The Feasibility Of Implementation, Carin Ann Clauss

University of Michigan Journal of Law Reform

County of Washington v. Gunther was decided by the Supreme Court over five years ago. In that case, the Court, resolving a conflict among the circuits, ruled that sex-based wage discrimination claims could proceed under Title VII of the Civil Rights Act of 1964 without regard to the limiting "equal work" standard of the Equal Pay Act. Following this decision, it was generally assumed that the courts would become the major forum for redressing sex-based wage discrimination. The anticipated litigation explosion never took place. Few wage discrimination suits have been filed, and even fewer have been successful. What progress has …

Pay Equity--The Minnesota Experience, Nina Rothchild

University of Michigan Journal of Law Reform

The concept of comparable worth is simple: jobs should be paid according to their value, whether the jobs are performed by men or by women. It says that pay should be based on the level of skill, effort, responsibility, and working conditions required to do the job. It is hard to believe that such a common sense idea could generate such an emotional reaction.

In this essay I will describe Minnesota's experience with pay equity at the state and local levels. Our experience leads us to believe that the arguments of the opposition are pure conjecture and that the scare …

Transcending Equality Theory: A Way Out Of The Maternity And The Workplace Debate, Lucinda M. Finley

Journal Articles

No abstract provided.

The Dialectic Of Rights And Politics: Perspectives From The Women's Movement, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen

Michigan Law Review

This essay will examine the "equal treatment" versus "special treatment" for women issue as it arose in Illinois in the late nineteenth century. In 1869 the Illinois Supreme Court barred Myra Bradwell from the practice of law on the basis that she was a married woman, and in 1870 it reaffirmed its exclusion of women in In re Bradwell, the state decision the United States Supreme Court upheld in Bradwell v. Illinois. This denial of equal treatment to women, especially the concurring opinion by United States Supreme Court Justice Bradley, appears to many to represent paternalism at its …

Correspondence: March 18, 1986, Thank You Letter To Dr. Saffy For Campaign Contributions, Bob Graham

Saffy Collection - All Textual Materials

A letter expressing his gratitude for Dr. Saffy’s contributions to Bob Graham’s United States Senate campaign.

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.

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. …

Sex Discrimination In Newscasting, Leslie S. Gielow

Michigan Law Review

This Note argues that the current judicial deference to viewer surveys used by television stations in newscasting employment decisions is unwarranted. Part I explores how different treatment of women newscasters constitutes sex-plus discrimination. Part II demonstrates that viewer surveys almost always reflect sexual stereotypes that are impermissible under title VII, and argues that such surveys should be presumptively inadmissible as evidence to rebut a claim of sex discrimination. Indeed, mere use of these surveys may in and of itself establish a prima facie case of sex discrimination.

Part III contends that sex discrimination in the news industry resulting from the …

Correspondence: Letter, September 13, 1985 To Dr. Saffy, Duval County Hospital Authority, Betty Holzendorf

Saffy Collection - All Textual Materials

A letter stating Dr. Edna L. Saffy’s confirmation of appointment to the Duval County Hospital Authority by Mayor Jake M. Godbold scheduled to come before the Rules Committee September 19, 1985.

Correspondence: Letter, July 31, 1985 To Dr. Saffy, Mayor’S Commission On The Status Of Women, Jeanne Bucher Ward

Saffy Collection - All Textual Materials

A letter from the Chairperson, Mayor’s Commission on the Status of Women expressing deep appreciation for all the work Edna L. Saffy did in Jacksonville on the behalf of women. Written on Office of the Mayor letterhead, Jake M. Godbold mayor.

Correspondence: Letter, July 16, 1985, To. Dr. Saffy, Duval County Hospital Authority, Jake M. Godbold

Saffy Collection - All Textual Materials

A letter from Mayor Godbold to Dr. Saffy regarding appointment to the Duval County Hospital Authority.

Civil Liberties For Homosexuals: The Law In Limbo, Kenneth Lasson

All Faculty Scholarship

This article will examine the recent surge in litigation arising from assertions by homosexuals of their constitutional rights - cases that reflect the law in flux and conflict - and will demonstrate that both constitutional principles and social philosophy generally require resolution of the conflicts in favor of equality, without regard to sexual preference.

Correspondence: Letter, January 28, 1985, To Dr. Saffy, Jake M. Godbold

Saffy Collection - All Textual Materials

A short letter from the Office of the Mayor offering Dr. Saffy an opportunity to be on a team.

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

WKU Administration Documents

This volume contains the Report to the President for 1983-84 and the workforce analyses, availability rates, goals and timetables for the 1984-85 academic year by departmental units. The ultimate goals are scheduled for 1987.

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

WKU Administration Documents

This volume contains the Report to the President for 1984-85, and the workforce analyses, availability rates, goals and timetables for the 1985-86 academic year by departmental units. the ultimate goals are scheduled for 1987.

Feminist Discourse, Moral Values, And The Law—A Conversation, Ellen C. Dubois, Mary C. Dunlap, Carol J. Gilligan, Catharine A. Mackinnon, Carrie J. Menkel-Meadow, Isabel Marcus, Paul J. Spiegelman

Buffalo Law Review

No abstract provided.

Note: The Need To Value Homemaker Services Upon Divorce, Mary Downey

West Virginia Law Review

No abstract provided.

Freedom Of Association After Roberts V. United States Jaycees, Douglas O. Linder

Michigan Law Review

The decision of the U.S. Supreme Court in Roberts v. United States Jaycees, upholding a Minnesota ruling which requires the Minnesota Jaycees to admit women as full members, ended one controversy but marked only the beginning of a far larger one. It was predicted by many that U.S. Jaycees would answer the question of whether private associations with restrictive membership policies were vulnerable to state anti-discrimination laws or were constitutionally protected. It did not. Instead, while rejecting the Jaycees' constitutional claims, the Court established a comprehensive framework for analyzing future claims of associational freedom that contains a number of …

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 …

Judicial Deference To Legislative Reality: The Interpretation Of Title Ix In The Contect Of Collegiate Athletics, Stephen W. Devine

North Carolina Central Law Review

No abstract provided.

The Law Giveth…Legal Aspects Of The Abortion Controversy, Michigan Law Review

Michigan Law Review

A Review of The Law Giveth…Legal Aspects of the Abortion Controversy by Barbara Milbauer

Abortion, Politics, And The Courts: Roe V. Wade And Its Aftermath, Michigan Law Review

Michigan Law Review

A Review of Abortion, Politics, and the Courts: Roe v. Wade and Its Aftermath by Eva R. Rubin

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

WKU Administration Documents

This volume contains the workforce analyses, availability rates, goals and timetables for the 1983-84 academic year by departmental units. The ultimate goals are scheduled for 1987.

The Future Of Comparable Worth Theory, Nancy Levit, Joan Mahoney

Faculty Works

Despite statutes intended to remedy wage disparities between men and women, the average woman working full-time earns only sixty percent as much as her male counterpart. While a portion of the earnings differential is attributable to "pure" or intentional discrimination, approximately eighty-two percent of the difference is due to occupational segregation. As commonly understood, occupational segregation refers to the situation in which women work at jobs that historically have been held by women and that are less remunerative than jobs usually held by men.

Only recently has the distinction between intentional discrimination and discrimination resulting from occupational segregation commanded much …

Does Gender Equality Always Imply Gender Blindness--The Status Of Single-Sex Education For Women, Caren Dubnoff

West Virginia Law Review

No abstract provided.