Civil Rights and Discrimination Commons^™

On Complaining About The Burger Court, Robert F. Nagel

Publications

No abstract provided.

Applying Restitution To Remedy A Discriminatory Denial Of Partnership, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

This article suggests that a plaintiff can bring a state cause of action in restitution, liability in unjust enrichment, as an alternative to a federal cause of action in Title VII if the plaintiff was discriminatorily denied partnership by a firm that paid her a salary, but billed her time by the hour to clients. If the firm earned more than it paid in salary and overhead to the plaintiff, that amount would be defendant’s gain, one of the elements of an action in restitution, and the amount to be disgorged should plaintiff prove the other two elements, that the …

42 U.S.C. § 1983 - Exhaustion Of State Administrative Remedies, Joseph H. Chivers

Duquesne Law Review

The United States Court of Appeals for the Fifth Circuit has held that state administrative remedies, where adequate and appropriate, must be exhausted before proceeding with a section 1983 action in a federal court.

Patsy v. Florida International University, 612 F.2d 946 (5th Cir. 1980), vacated on rehearing, 634 F.2d 900 (5th Cir. 1981), cert. granted, 50 U.S.L.W. 3213 (U.S. Oct. 5, 1981) (No. 80-1874).

Constitutional Law - Fifth Amendment - Due Process - Equal Protection - Sex Discrimination, Michael B. Sedlock

Duquesne Law Review

The United States Supreme Court has held that enactment of a male-only draft registration requirement does not violate the equal protection component of the fifth amendment due process clause.

Rostker v. Goldberg, 453 U.S. 57 (1981).

Pregnancy And Hiring Discrimination, April L. Dowler

West Virginia Law Review

The employer looks over the application on his desk. The applicant has the right educational requirements; her references are impressive; she has experience which would greatly benefit her in the position. She looks like a good prospect. The employer buzzes his secretary and requests that the applicant be shown to his office for an interview. As the applicant enters the room he rises to meet her. Half way out of his chair he stops. Printed on the front of the woman's shirt are the letters B-A-B-Y with an arrow pointing down to the slight bulge at the woman's stomach. Politely …

Sex Discrimination: Theories And Defenses Under Title Vii And Burwell V. Eastern Airlines, Inc., Debra G. Archer

West Virginia Law Review

Following the enactment of Title VII of the Civil Rights Act in 1964 dealing with equal opportunity and employment discrimination, there arose a large body of case-law litigating Title VII issues and a large body of articles dissecting the cases and issues. Within this area, different methods for proving Title VII violations and different types of defenses developed. Almost inevitably, confusion arose concerning the applicability of specific defenses to specific types of Title VII violations. The Fourth Circuit Court of Appeals attempted to resolve some of this confusion in a sex discrimination case captioned Burwell v. Eastern Airlines, Inc. In …

Civil Rights Act Of 1964 - Title Vii - Sex Discrimination - Pregnancy - Defenses, Margaret L. Cohen

Duquesne Law Review

The United States Court of Appeals for the Ninth Circuit has held that an airline's employment policy mandating immediate unpaid maternity leave for all flight attendants upon discovery of pregnancy is sex discrimination but is justified by safety considerations.

Harriss v. Pan American World Airways, Inc., 649 F.2d 670 (9th Cir. 1980).

A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold

Duquesne Law Review

The author of this article examines and dispels the frequently cited account that the provisions against sex discrimination in Title VII of the Civil Rights Act of 1964 were created as a Congressman's joke or as an attempt to defeat the bill. He analyzes the background of the Smith and Bennett amendments, focusing on the congressional debates as they appear in the Congressional Record. He concludes that the Members of Congress were serious about sex discrimination, and that this seriousness has important implications for the interpretation of Title VII.

Civil Rights - Title Vii Of The Civil Rights Act Of 1964 - Remedies - Tenure Award To Title Vii Complainant, Jane Roberts Cobb

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has ordered a. college to award tenure to a Title VII complainant who was a victim of unlawful disparate treatment.

Kunda v. Muhlenberg College, 621 F.2d 532 (3d Cir. 1980).

Title Ix And Employment Discrimination: A Wrong In Search Of A Remedy, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Since the early 1960's when the struggle for women's rights gained renewed strength and hope from the civil rights movement, a number of federal laws have been enacted to protect the rights of women in employment. Among these laws are included Title VII of the Civil Rights Act of 1964 as amended in 1972 (hereinafter referred to as Title VII) which prohibits employment discrimination based upon sex in addition to the grounds of race, color, religion and national origin; Executive Order 11375 which prohibits sex discrimination by employers holding federal contracts; and the Equal Pay Act of 1963 as …

Veterans' Preference Statutes: Do They Really Discriminate Against Women, Pat Labbadia Iii

Duquesne Law Review

No abstract provided.

Civil Rights - Sex Discrimination - Title Ix Of The Education Amendments Of 1972 - Implied Right Of Action, Kathy Condo-Caritis

Duquesne Law Review

The Supreme Court of the United States has held that a private right of action can be implied for victims of sex discrimination under Title IX of the Education Amendments of 1972.

Cannon v. University of Chicago, 441 U.S. 677 (1979).

5. Social Inquiry: Instructional Manual To Accompany 'Mark', Matthew Lipman, Ann Margaret Sharp

Secondary School Curriculum

The task of social studies as a discipline is to focus students’ already developed thinking skills upon the conceptual foundation of the social sciences. Students will think about these underlying concepts if they can talk about them, and they will talk about what they perceive as controversial or problematic. This, then, is what Mark and Social Inquiry aim to do: to identify selected root issues in the social sciences and expose to students the conflicting concepts at the heart of each issue.

4. Mark (Novel), Matthew Lipman

Secondary School Curriculum

The high school has been vandalized, and Mark is arrested at the scene of the crime. He claims he is a “victim of society.” But what is society? What forces hold it together or work to pull it apart? These are questions to which Mark and his classmates address themselves. What they seek are ways of evaluating social institutions, rules and values, so as to determine how well society is able to live up to the ideals which, at one time or another, have been set for it. They pay particular attention to the nature of law and crime, tradition, …

42 U.S.C. 1983–Civil Rights–Municipalities Liable For Money Damages, Terry Clayton Paulson

University of Arkansas at Little Rock Law Review

No abstract provided.

An Empirical Analysis Of The Equal Credit Opportunity Act, James A. Burns Jr.

University of Michigan Journal of Law Reform

This article will first examine the legislative history of the ECOA to discover (1) the impetus for its enactment; (2) the views of proponents and opponents of the legislation concerning the presence of credit discrimination, its proper cure, and the proposed provisions of the bills introduced to deal with the problem; and (3) the congressional intent as to the use of various credit-granting factors described by the Act. Regulation B will then be similarly examined to find out how the broad mandates of the ECOA have been made concrete for the use of creditors. Finally, the article will focus on …

Constitutional Law—Sex Discrimination Under The Equal Rights Amendment—Marchioro V. Chaney, 90 Wn. 2d 298, 582 P.2d 487 (1978), Prob. Juris. Noted, 99 S. Ct. 718 (1979), Irene Hecht

Washington Law Review

Two of several statutes governing the composition and organization of the major political parties in Washington, R.C.W. § 29.42.020 and R.C.W. § 29.42.030, require that certain pairs of party representatives consist of one man and one woman. Following an intraparty dispute various interested persons filed suit, challenging, inter alia, the constitutionality of R.C.W. §§ 29.42.020-.030 under Washington's Equal Rights Amendment (ERA). The trial court granted the plaintiffs summary judgment on this claim. In a five to four decision the Washington Supreme Court reversed, upholding the constitutionality of both statutes under the ERA because they did not discriminate on the basis …

Equality Between The Sexes In The 1980'S, Nancy S. Erickson

Cleveland State Law Review

Any discussion of equality under the law must necessarily revolve around the equal protection clause. Therefore, this discussion will indicate first where equal protection analysis has succeeded ineffectively dealing with sex discrimination and the significance of the judicial policy behind these successes. Secondly, the failures of the equal protection clause will be examined with specific attention to the five methods in which the equal protection clause has failed to eliminate laws discriminating on the basis of sex. Finally, the failures of the equal protection clause will be illustrated as starting points for work in the area of sexual equality in …

Equality Between The Sexes In The 1980'S, Nancy S. Erickson

Cleveland State Law Review

Any discussion of equality under the law must necessarily revolve around the equal protection clause. Therefore, this discussion will indicate first where equal protection analysis has succeeded ineffectively dealing with sex discrimination and the significance of the judicial policy behind these successes. Secondly, the failures of the equal protection clause will be examined with specific attention to the five methods in which the equal protection clause has failed to eliminate laws discriminating on the basis of sex. Finally, the failures of the equal protection clause will be illustrated as starting points for work in the area of sexual equality in …

Sexual Harassment And Title Vii: The Foundation For The Elimination Of Sexual Cooperation As An Employment Condition, Michigan Law Review

Michigan Law Review

Ten years after the enactment of Title VII, the federal judiciary confronted its first Title VII case in which sexual harassment was the primary allegation. In the next three-and-one-half years, six more claims of sexual harassment reached federal district courts, 4 and three federal circuit courts of appeal reviewed lower court holdings.

Neither these cases nor the considerable journalistic and academic attention they received reveals a consensus regarding the appropriate application of Title VII to cases of sexual harassment. This Note, therefore, examines the application of Title VII to the problem of sexual harassment and suggests a coherent framework for …

Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne

Faculty Scholarship

This commentary breaks down the case of the City of Los Angeles Department of Water and Power v. Manhart and discusses what effects the Supreme Court's decision will have when Title VII is applied to university employers, particularly in their relationship with TIAA-CREF

The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun

Publications

No abstract provided.

The Reach Of 42 U.S.C. 1985(3): Sex Discrimination As A Gauge, Kevin E. Irwin

Cleveland State Law Review

In 1971 the United States Supreme Court held in Griffin v. Breckenridge that 42 U.S.C. § 1985(3) could be used against private citizens who conspired to deprive others of their civil rights. The Supreme Court found that Congress had originally intended for the statute to reach the actions of private citizens, and that Congress had the authority to reach such activity under the thirteenth amendment and the constitutionally protected right to travel. In so holding, however, the Court offered no indication of how future claims arising under the statute would be adjudicated in fact situations unlike the unique one encountered …

The Impact Of Geduldig V. Aiello On The Eeoc Guidelines On Sex Discrimination, Rhoda Bunnell

Indiana Law Journal

No abstract provided.

Kahn V. Shevin And The "Heightened Rationality Test": Is The Supreme Court Promoting A Double Standard In Sex Discrimination Cases?

Washington and Lee Law Review

No abstract provided.

Pioneering Approaches To Confront Sex Bias In Housing, Betsey Friedman

Cleveland State Law Review

This Note will be a national review of the past experiences with and potential action in the area of sex discrimination in residential real estate transactions. Emphasis will be on sex discrimination in the rental of real property, with a brief review of the more commonly acknowledged problem of credit discrimination in home sale financing. The present suitability of available state remedies will be discussed, with an analysis of the charges filed. And, the emergence of Fair Housing Act racial litigation will be explored, with a view towards its application in sex discrimination housing cases.

The Michigan Abortion Refusal Act, G. Michael White

University of Michigan Journal of Law Reform

Since the United States Supreme Court handed down the landmark decisions of Roe v. Wade andDoe v. Bolton, which placed constitutional limitations, on state regulation of abortions, efforts have been made on the federal and state levels to blunt the effect of those cases. One prevalent reaction has been the enactment of state "conscience clause" legislation, such as the Michigan Abortion Refusal Act, which seeks to extend to all hospitals the right to refuse admission of abortion patients. This legislative note will consider whether the Michigan conscience clause is legally necessary to ensure the right it seeks to …

Presumption Of Dependence In Workers' Compensation Death Benefits As A Denial Of Equal Protection, A. Russell Localio

University of Michigan Journal of Law Reform

This note will examine the sex bias prevalent in many workers' compensation statutes and the constitutionality of these statutes in light of recent Supreme Court decisions on sex discrimination. After this examination, alternative methods for effecting reform of the sex-biased death benefit provisions will be analyzed.

Sexism In Special Education, Patricia H. Gillespie, Albert H. Fink

IUSTITIA

The educational establishment is now reflecting the concerns of womanhood. Grudgingly, and even painfully, it seems to some, the large and complicated system of formal education acknowledges the existence of practices which are sexist both in conception and operation. At one level this sexism is directed, at many levels of awareness, toward the functionaries of the system. The economic oppression of teachers, who are mostly female, is an obvious expression of the phenomenon. Another benchmark is the limited career development opportunities available to women as educational managers and academics.

At yet another level, not the less dangerous for being more …

Affirmative Action: Quotas And Traditional University Standards With Particular Emphasis On The Role Of The Department Chairman, William D. Wheeler

IUSTITIA

The higher educational institution is often an exclusive citadel. Students are selected after close scrutiny of past achievements. Teachers as merchants of ideas, virtues, and cosmic thoughts are invited to membership only after certain academic passports have been acquired. These eligibility criteria are established by the faculty who, presumably, are the only ones capable of assessing reasonable standards for those seeking admission. Colleges and universities are closed sub-communities. They practice discrimination while giving lip service to liberal thought, knowledge, and enlightenment. It comes, therefore, as little surprise to clear thinkers that the house of intellect leads the parade of culprits …