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Articles 571 - 573 of 573
Full-Text Articles in Law and Gender
Women's Banks And Women's Access To Credit: Competition Between Marketplace And Regulatory Solutions To Gender Discrimination, Kenneth Anderson
Women's Banks And Women's Access To Credit: Competition Between Marketplace And Regulatory Solutions To Gender Discrimination, Kenneth Anderson
Scholarly Articles in Law Reviews & Journals
During the 1970's, as more women entered the work force as managers, laborers and entrepreneurs, women's credit and financing needs intensified. Yet banks and other financial institutions persisted in discriminating against women in extending credit. This discrimination reflected a view that women were bad credit risks because they generally had no independent source or control of income. Without access to credit, women could not develop independent sources of income, build an asset base or develop their own credit histories. This in turn precluded future extensions of credit to women. Denial of access to credit for women was a cause as …
Remedying Underinclusive Statutes, Candace Kovacic-Fleischer
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.
Applying Restitution To Remedy A Discriminatory Denial Of Partnership, Candace Kovacic-Fleischer
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 …