Law and Gender Commons^™

Critical Race Feminism Empirical Research Project: Sexual Harassment & (And) The Internal Complaints Black Box, A Defining The Voices Of Critical Race Feminism, Tanya K. Hernandez

Faculty Scholarship

In this Article, I present a Critial Race Feminism (CRF) empirical sexual harassment project I recently conducted as a case study of how empirical research can be valuable to the future of CRF. Part I introduces the sexual harassment study and discusses the empirical questions it sought to explore. Part II then presents the empirical research design and the general trends that the data provided. Part III analyzes the key findings of the study and how it contributes to an understanding of how the application of sexual harassment law implicates race. The statistical analysis of survey responses from a group …

Same Sex Marriage And Its Implications For Employee Benefits: Proceedings Of The 2005 Meeting Of The Association Of American Law Schools Sections On Employee Benefits, And Sexual Orientation And Gender Identity Issues, Maria O'Brien, Constance Hiatt, Shannon Minter, Teresa S. Collett

Faculty Scholarship

Professor Maria O'Brien Hylton*: Welcome to this session on "Same Sex Marriage and its Implications for Employee Benefits." I'm Maria Hylton and I will introduce our speakers and moderate the program.

Our first speaker is Constance Hiatt, who is a partner with the Hanson Bridgett law firm here in San Francisco. She represents mostly large employers and large employee benefit plans, including the State of California's 401(k) and 457 plans as well as the University of California's benefits office. So, she has extensive experience in the employee benefits area and she came to us, to me really, through several …

Constitutional Law—State Employees Have Private Cause Of Action Against Employers Under Family And Medical Leave Act—Nevada Department Of Human Resources V. Hibbs, 538 U.S. 721 (2003)., Gabriel H. Teninbaum

ExpressO

The Eleventh Amendment of the United States Constitution provides that non-consenting states are not subject to suit in federal court. Congress may, however, abrogate the states’ sovereign immunity by enacting legislation to enforce the provisions of the Fourteenth Amendment. In Nevada Department of Human Resources v. Hibbs, the Supreme Court of the United States considered whether Congress acted within its constitutional authority by abrogating sovereign immunity under the Family and Medical Leave Act (FMLA), which allows private causes of action against state employers to enforce the FMLA’s family-leave provision. The Court held abrogation was proper under the FMLA and state …

Reinventing Unchanged Andean Traditions, Terence N. D'Altroy

Cardozo Journal of International and Comparative Law

The article argues that Andean traditions and cultural property are not static but have been continually reinvented and adapted over time, challenging the common misconception that these elements have remained unchanged since pre-Columbian times. The author emphasizes the importance of understanding the dynamic and evolving nature of traditional knowledge and its relationship to power, history, and cultural identity in the Andean region. This understanding is crucial for addressing contemporary issues of cultural property and traditional knowledge in a region increasingly influenced by Westernization.

In Defense Of Paid Family Leave, Gillian Lester

ExpressO

In this article I defend state provision of paid family leave. Such a program would allow workers to take compensated time off work to care for a newborn infant or ill family member. I normatively ground my claim in the argument that paid leave would allow women, who have historically performed a disproportionate share of family caregiving labor, to participate more fully in the paid workforce. This enhancement in labor force participation, I argue, would in turn increase women's independence and capacity to determine the conditions of their lives. In taking this position, I distinguish myself from those who would …

Symposium Introduction: Women's Work Is Never Done: Employment, Family, And Activism, Kristin (Brandser) Kalsem, Verna L. Williams

Faculty Articles and Other Publications

This article frames the issues in the Supreme Court case, Nevada Department of Human Resources v. Hibbs, and introduces the articles making up the inaugural symposium of the Law and Women's Studies Program at the University of Cincinnati. Hibbs involved a husband who was trying to get leave under the Family and Medical Leave Act (FMLA) in order to take care of his severely injured wife. The case presents an opportunity to rethink issues of work and family, the legal subordination of women, and the law as an agent for social change, and it was therefore an ideal focus for …

Family Leave Policies Trump States Rights: Nevada Department Of Human Resources V. Hibbs And Its Impact Of Sovereign Immunity Jurisprudence, 37 J. Marshall L. Rev. 599 (2004), Jana L. Tibben

UIC Law Review

No abstract provided.

Women In The Workplace: Sexual Discrimination In Japan, Kelly Barrett

Human Rights Brief

No abstract provided.

A New Image In The Looking Glass: Faculty Mentoring, Invitational Rhetoric, And The Second-Class Status Of Women In U.S. Academia, Carlo A. Pedrioli

Faculty Scholarship

This article maintains that because Title VII alone does not have the ability to further the progress women have made in academic hiring, retention, and promotion, looking to remedies in addition to Title VII will be advantageous in helping to improve the status of women in U.S. academia. The article suggests as an additional remedy the implementation of faculty mentoring opportunities for junior female faculty members. A key way of initiating and furthering such mentoring opportunities is a type of discourse called invitational rhetoric, which is “an invitation to understanding as a means to create...relationship[s] rooted in equality, immanent value, …

Job Security Without Equality: The Family And Medical Leave Act Of 1993, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

This piece reevaluates the passage and implementation of the Family and Medical Leave Act (FMLA) against the egalitarian ideal described by the Supreme Court in its recent decision in Nevada Department of Human Resources v. Hibbs. The Court in Hibbs upheld the FMLA against an Eleventh Amendment challenge, concluding that Congress enacted the law as a congruent and proportional remedy to the longstanding history of state-sponsored discrimination against working women. According to the Court, Congress enacted the FMLA to remedy a longstanding history of discrimination against working women by forcing employers to offer caretaking leave on gender-neutral terms. At least …

Mothers' Dreams: Abortion And The High Price Of Motherhood, Joan C. Williams, Shauna L. Shames

Faculty Scholarship

No abstract provided.

Race, Gender, And Work/Family Policy, Nancy E. Dowd

UF Law Faculty Publications

Family leave is not an end in itself, but rather is part of a much bigger picture: work/family policy. The goal of work/family policy is to achieve a good society by supporting families. Ideally, families enable children to develop to their fullest capacity and to contribute to their communities and society. Public rhetoric in the United States has always strongly supported families. Our policies, however, have not. In the area of work/family policy, the United States continues to lag behind every other advanced industrialized country, as well as many developing countries, in the degree to which we provide affirmative support …

Employment Protection For Domestic Violence Victims, Deborah A. Widiss, Wendy R. Weiser

Articles by Maurer Faculty

No abstract provided.

Masculinities At Work, Ann C. Mcginley

Scholarly Works

This article focuses on the study of masculinities, a body of theoretical and empirical work by sociologists, feminist theorists and organization management theorists. This work, much of which employment law scholars have ignored, studies the role of masculinities, which are often invisible, in creating structural barriers to the advancement of many women and some men at work. Masculinities comprise both a structure that reinforces the superiority of men over women and a series of practices, associated with masculine behavior, performed by men or women, that aid men to maintain their superior position over women. In their less visible form, masculinities …

Supreme Court Narratives On Equality And Gender Discrimination In Employment: 1971-2002, Vicki Lens

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's evolving approach to gender discrimination in the workplace, particularly during the 1970s and 1980s, as it grappled with the intersection of formal and substantive equality. The Court's decisions reflected the influence of the feminist movement and broader societal shifts, addressing issues such as pregnancy-related discrimination, sexual harassment, and workplace stereotypes. While the Court often invalidated discriminatory practices, its rulings also revealed tensions in balancing equal treatment with competing interests, such as military preparedness or employer liability. The analysis highlights how the Court's narrative on gender equality was shaped by legal doctrines, cultural values, and …

A Woman's World, Michael Fischl

Faculty Articles and Papers

No abstract provided.

Book Review Of Gender On Trial: Sexual Stereotypes And Work/Life Balance In The Legal Workplace, Nicole Buonocore Porter

Faculty Publications

Holly English's book, Gender on Trial: Sexual Stereotypes and Work/Life Balance in the Legal Workplace, offers a very interesting, albeit mostly anecdotal, look at the many real or perceived sexual stereotypes in the legal workplace. Her book is the result of interviews with 180 lawyers (fifty of them men) over a two-year period in all regions of the country. Her main purpose of the book was to "explore the fact that persistent gender stereotypes present a continuing obstacle that obstructs the availability of broad opinions and choices for men and women lawyers." Through eight substantive chapters, she seeks to explore …

Workplace Mediation: The First-Phase, Private Caucus In Individual Discrimination Disputes, Emily M. Calhoun

Publications

No abstract provided.

Women Choosing Diverse Workplaces: A Rational Preference With Disturbing Implications For Both Occupational Segregation And Economic Analysis Of Law, Scott A. Moss

Publications

Despite women's dramatic labor market gains, there remains a striking degree of occupational segregation by gender. Analysts typically blame discrimination or women's work/family priorities. This Article offers a different explanation.

It is hard for women choosing jobs or occupations to know where they will face discrimination, particularly since recent judicial decisions eliminated certain employer signals that once differentiated fair and discriminatory firms. One way women can effectuate a preference for nondiscriminatory workplaces is by choosing gender-diverse workplaces. Nondiverse workplaces often are not female-friendly, and discrimination may be the reason they are nondiverse. In economic terms, women rationally use level of …

Abuse Of Female Sweatshop Laborers: Another Form Of Sexual Harassment That Does Not Fit Neatly Into The Judiciary's Current Understanding Of Discrimination Because Of Sex, Gregory A. Bullman

Indiana Law Journal

No abstract provided.

Lochner'S Feminist Legacy, David E. Bernstein

Michigan Law Review

Professor Julie Novkov's Constituting Workers, Protecting Women examines the so-called Lochner era of American constitutional jurisprudence through the lens of the struggle over the constitutionality of "protective" labor legislation, such as maximum hours and minimum wage laws. Many of these laws applied only to women, and Novkov argues that the debate over the constitutionality of protective laws for women - laws that some women's rights advocates saw as discriminatory legislation against women - ultimately had more important implications for the constitutionality of protective labor legislation more generally. Liberally defined, the Lochner era lasted from the Slaughter-House Cases in 1873 - …

Title Vii Retaliation, A Unique Breed, 36 J. Marshall L. Rev. 925 (2003), David Anthony Rutter

UIC Law Review

No abstract provided.

Back To Basics: A Call To Reevalute The Unemployment Insurance Disqualification For Misconduct, 37 J. Marshall L. Rev. 27 (2003), Lisa Lawler Graditor

UIC Law Review

No abstract provided.

A Woman's Climb Up The Law School Ladder, Autumn Mesa

Cardozo Journal of Equal Rights & Social Justice

The article examines the challenges women face in law school, arguing that the hierarchical and male-dominated structure of legal education creates significant barriers for female students. It contends that women are disproportionately affected by the competitive and often hostile environment, which can lead to feelings of alienation, lower self-esteem, and a struggle to maintain their unique perspectives. The author advocates for systemic change in legal academia to create a more inclusive environment that values diversity and supports female success.

Beyond The Maternal Wall: Relief For Family Caregivers Who Are Discriminated Against On The Job, Joan C. Williams, Nancy Segal

Faculty Scholarship

No abstract provided.

Bringing Your Part Time Policy Up To Par, Joan C. Williams

Faculty Scholarship

No abstract provided.

Caution: Men At Work, Ekee Ehrlich

Cardozo Journal of Equal Rights & Social Justice

The article highlights the challenges faced by pregnant women in the workplace, emphasizing the discrimination and gender stereotypes they encounter. Through the author's personal experience, it illustrates how societal expectations and workplace policies often fail to accommodate pregnant employees, leading to potential discrimination and undue stress.

The Role Of Workplace Culture Evidence In Hostile Workplace Environment Sexual Harassment Litigation: Does Title Vii Mean New Management Or Just Business As Usual?, Christopher Massaro

NYLS Law Review

No abstract provided.

Breastfeeding Or Bust: The Need For Legislation To Protect A Mother's Right To Express Breast Milk At Work, Elissa Aaronson Goodman

Cardozo Journal of Equal Rights & Social Justice

The note argues that current federal legislation, including Title VII, the ADA, and the FMLA, fails to adequately protect women's rights to express breast milk in the workplace. It advocates for a federal statute specifically addressing this issue, as existing laws are insufficient due to narrow interpretations and lack of explicit protections. The note emphasizes the importance of breastfeeding for infant health and maternal well-being, while also highlighting the benefits for employers, such as reduced absenteeism and healthcare costs. Without federal legislation, women face significant barriers to expressing breast milk at work, perpetuating disparities in breastfeeding rates.

Beyond The Glass Ceiling: The Maternal Wall As A Barrier To Gender Equality, Joan C. Williams

Faculty Scholarship

No abstract provided.