AuthorTitleCitationSummaryYearKeywords: In Title/Summary
Nia A.D. Langley #SEEHERNAME: USING INTERSECTIONALITY AND STORYTELLING TO BRING VISIBILITY TO BLACK WOMEN IN EMPLOYMENT DISCRIMINATION AND POLICE BRUTALITY 14 DePaul Journal for Social Justice 1 (Summer, 2021) C1-2Table of Contents I. Introduction. 2 II. Intersectionality. 4 III. Intersectional Challenges In 2021. 4 A. Employment Discrimination. 5 1. Intersectionality's Legal Status. 6 2. Hair Discrimination. 7 B. Police Brutality. 12 1. Black Women and Black Men Experience Police Brutality Similarly. 13 2. Black Women and Black Men Experience Police... 2021 Yes
Lawrence D. Rosenthal IS PROTECTING AN EMPLOYEE'S RIGHT TO KNOWINGLY FILE FALSE EEOC CHARGES A NECESSARY EVIL? 54 Loyola of Los Angeles Law Review 1151 (Summer, 2021) In addition to prohibiting workplace discrimination based on race, color, religion, sex, and national origin, Title VII of the Civil Rights Act of 1964 protects: (1) employees who oppose an employer's discriminatory employment practices, and (2) employees who participate in Title VII's enforcement process. Thus, not only are employees protected... 2021 Yes
Steven T. Taylor MCDERMOTT PARTNER MANAGES TWO OFFICES, PRACTICES EMPLOYMENT LAW, AND ADVOCATES FOR DIVERSITY/RACIAL EQUALITY 40 Of Counsel 24 (February, 2021) It didn't take the partners at Chicago-based McDermott Will & Emery long to see the talents that Pankit Doshi brings to their firm. In the two and half years he's been with the partnership, Doshi's risen to the leadership ranks, serving as the managing partner of McDermott's San Francisco and Silicon Valley offices. He advocates for diversity and... 2021 Yes
Tatiana Hyman THE HARMS OF RACIST ONLINE HATE SPEECH IN THE POST-COVID WORKING WORLD: EXPANDING EMPLOYEE PROTECTIONS 89 Fordham Law Review 1553 (March, 2021) In one year, the COVID-19 pandemic and egregious incidents of racial violence have created significant shifts in the United States's workplace culture and social climate. Many employers are transitioning employees to long-term or permanent remote work, and conversations about racial justice are more pervasive and divisive, especially on social... 2021 Yes
John E. Rumel BEYOND ABERCROMBIE AND HEFFERNAN: TOWARD A UNIFORM APPROACH TO DISCRIMINATION AND RETALIATION CLAIMS BASED ON MISPERCEPTION THEORY IN THE EMPLOYMENT CONTEXT 24 Employee Rights and Employment Policy Journal 189 (2020) Imagine these two scenarios: a man with dark complexion and kinky hair works for an employer who has just hired a white manager and assigns the manager to supervise the employee. The employee is Polynesian, not African American. Unfortunately, the supervisor harbors racist sentiments against African Americans and, for that reason, eventually... 2020 Yes
Joan C. Williams , Rachel M. Korn , Sky Mihaylo BEYOND IMPLICIT BIAS: LITIGATING RACE AND GENDER EMPLOYMENT DISCRIMINATION USING DATA FROM THE WORKPLACE EXPERIENCES SURVEY 72 Hastings Law Journal 337 (November, 2020) This Article joins other voices in challenging what I will call the implicit bias consensus in employment discrimination law, first crystallized in the work of Susan Sturm and Linda Hamilton Krieger. The implicit bias consensus has two basic components. The first is that most employment discrimination today is what Sturm christened second... 2020 Yes
Marc Chase McAllister COMPARE THIS: HOW EMPLOYERS USE COMPARATOR EVIDENCE TO DEFEAT EMPLOYMENT DISCRIMINATION CLAIMS 2020 Michigan State Law Review 803 (2020) Employment discrimination statutes prohibit employers from discriminating against individuals on the basis of certain protected characteristics, such as race or sex. For intentional discrimination claims, plaintiffs often attempt to prove an employer's discriminatory intent with comparator evidence demonstrating that the plaintiff was treated... 2020 Yes
Katelyn W. Harrell, Member, LSBA Labor and Employment Law Section, Jackson Lewis, P.C., Ste. 1900, 650 Poydras St., New Orleans, LA 70130 LABOR AND EMPLOYMENT LAW 68 Louisiana Bar Journal 50 (June/July, 2020) In Thompson v. Zinke, 795 Fed. Appx. 294 (5 Cir. 2020), the 5th Circuit affirmed the Eastern District of Louisiana's grant of summary judgment regarding appellant's racial discrimination claims under Title VII. Appellant alleged that racial discrimination caused his employer to choose a white applicant with less seniority and experience over him... 2020 Yes
Bobbi M. Bittker RACIAL AND ETHNIC DISPARITIES IN EMPLOYER-SPONSORED HEALTH COVERAGE 45 Human Rights 18 (2020) Health care as a human right is a principle building momentum in the current political climate, where proposals for universal health care have again taken center stage. A healthy society is composed of healthy individuals. Yet, civil rights violations resulting in many racial and ethnic disparities still need to be addressed in order to deliver... 2020 Yes
Ra'Mon Jones WHAT THE HAIR: EMPLOYMENT DISCRIMINATION AGAINST BLACK PEOPLE BASED ON HAIRSTYLES 36 Harvard Blackletter Law Journal 27 (Spring, 2020) When you see a person with an afro, braids, dreadlocks (locs), or any other popular natural hairstyle, do you think of them as unprofessional or unemployable? Apparently, many employers do. Black men and women who don their natural tresses, either wooly and full, in intricate twists or braids, or in velvet-ropy locs often receive bold and awkward... 2020 Yes
Andrew Melzer , Whittney Barth WHETHER EMPLOYEES CAN BE FIRED FOR PARTICIPATING IN PEACEFUL PROTESTS 2020 University of Illinois Law Review Online 221 (Fall, 2020) Protestors across the country have poured into the streets in the days and weeks following the police killings of George Floyd in Minneapolis, Minnesota and Breonna Taylor in Louisville, Kentucky, among others. These tragic deaths are but the latest chapter in the long struggle for racial justice and systemic reform in the United States. As the... 2020 Yes
Julie A. Gafkay BALANCING CUSTOMER CARE AND EMPLOYEE CIVIL RIGHTS 98-JUN Michigan Bar Journal 18 (June, 2019) When a patient or customer is denied service or receives inferior service based on race or color, it seems obvious he or she should be protected under the Civil Rights Acts. What about discrimination in the inverse situation: when a patient or customer preference for services based on race is granted and an employee is excluded from performing his... 2019 Yes
Melissa Pascualini BAN THE BOX: BREAKING BARRIERS TO EMPLOYMENT IN THE PRIVATE SECTOR 37 Hofstra Labor and Employment Law Journal 255 (Fall, 2019) Discrimination in the workplace is normally thought of as affecting individuals of different race, religion, or sexual orientation; however, one of the most common and long-lasting types of workplace discrimination is based on an applicant's criminal history. Many individuals convicted of a crime are forced to be followed with a criminal record for... 2019 Yes
Ruqaiijah Yearby INTERNALIZED OPPRESSION: THE IMPACT OF GENDER AND RACIAL BIAS IN EMPLOYMENT ON THE HEALTH STATUS OF WOMEN OF COLOR 49 Seton Hall Law Review 1037 (2019) As advocates from the #MeToo and #TimesUp movements work to end sexual harassment and unequal pay in employment, they must not ignore the unique problems women of color face. As noted in Kimberle Crenshaw's theory of intersectionality, women of color face gender and racial bias in employment, thus eradicating gender bias will not make women of... 2019 Yes
Hina B. Shah RADICAL RECONSTRUCTION: (RE) EMBRACING AFFIRMATIVE ACTION IN PRIVATE EMPLOYMENT 48 University of Baltimore Law Review 203 (Spring, 2019) You do not take a person who, for years, has been hobbled by chains and liberate him, bring him up to the starting line of a race and then say, you are free to compete with all the others, and still justly believe that you have been completely fair. The history of employment in this country is the history of racism. Using public and private... 2019 Yes
Anastasia M. Boles VALUING THE "RACE CARD": TEACHING EMPLOYMENT DISCRIMINATION USING CULTURALLY PROFICIENT INSTRUCTION 44 Thurgood Marshall Law Review 25 (Fall, 2019) Imani approached me immediately after our Employment Discrimination class one afternoon. She was visibly upset, and I invited her up to my office. Imani, a Black woman with natural hair, expressed frustration at her perceived inability to engage in discussions related to race and gender during class. She felt unable to integrate her background and... 2019 Yes
Martin Childs IV WHO TOLD YOU YOUR HAIR WAS NAPPY?: A PROPOSAL FOR REPLACING AN INEFFECTIVE STANDARD FOR DETERMINING RACIALLY DISCRIMINATORY EMPLOYMENT PRACTICES 2019 Michigan State Law Review 287 (2019) Courts often hold that race-neutral grooming policies do not constitute the type of race-based discrimination that is prohibited under Title VII of the Civil Rights Act of 1964. In reaching this decision, courts rely on a narrow interpretation of Title VII, in which the statute only prohibits discrimination that is directed at an individual's... 2019 Yes
Kristen Southworth "YOU DON'T HAVE TO CALL ME DARLIN, DARLIN": HOW EVIDENTIARY PROOF MODELS HAVE CONFUSED COURTS IN EMPLOYMENT DISCRIMINATION CASES 42 Southern Illinois University Law Journal 539 (Spring, 2018) Henry Ortiz brought a discrimination suit against his employer, Werner Enterprises, after Werner terminated him for allegedly falsifying records. Ortiz argued that the practice was commonplace and the employer's real reason was racially motivated. To prove his claim, Ortiz cited rules placed on him but not on non-Hispanic workers, his stellar... 2018 Yes
Jamillah Bowman Williams, J.D., Ph.D. ACCOUNTABILITY AS A DEBIASING STRATEGY: TESTING THE EFFECT OF RACIAL DIVERSITY IN EMPLOYMENT COMMITTEES 103 Iowa Law Review 1593 (May, 2018) Congress passed Title VII of the Civil Rights Act of 1964 with the primary goal of integrating the workforce and eliminating arbitrary bias against minorities and other groups who had been historically excluded. Yet substantial research reveals that racial bias persists and continues to limit opportunities and outcomes for racial... 2018 Yes
Tyler D. Lane ARE YOU READY FOR THE CHECK?: EMPLOYERS FACE TITLE VII DISPARATE IMPACT LIABILITY FOR DISCRIMINATORY TIPPING PRACTICES 44 University of Dayton Law Review 53 (Fall, 2018) 53 I. INTRODUCTION. 54 II. DISPARATE IMPACT. 56 A. Civil Rights Act of 1964. 57 B. Civil Rights Act of 1991. 59 C. Similar Statutory Provisions. 61 D. Burden-Shifting in a Disparate Impact Claim. 62 III. ELEMENTS OF DISPARATE IMPACT WAGE DISCRIMINATION. 63 A. Studies Demonstrating Racial Bias. 63 1. Implicit Bias. 63 2. Study on Taxi... 2018 Yes
Alex Reed ASSOCIATIONAL DISCRIMINATION THEORY & SEXUAL ORIENTATION-BASED EMPLOYMENT BIAS 20 University of Pennsylvania Journal of Business Law 731 (2018) Introduction. 731 I. Associational Sex Discrimination in the Academic Literature. 735 II. The EEOC and Associational Sex Discrimination. 738 III. Associational Sex Discrimination: An Imperfect Means of Redressing Sexual Orientation-Based Employment Bias. 742 A. Expanding Coverage Beyond Race. 743 B. Demonstrating Membership in a Protected Class.... 2018 Yes
Crystal Powell BIAS, EMPLOYMENT DISCRIMINATION, AND BLACK WOMEN'S HAIR: ANOTHER WAY FORWARD 2018 Brigham Young University Law Review 933 (2018) C1-2Contents I. Introduction. 933 II. History of Black Hair, Implicit Bias, and Workplace Grooming Standards. 937 A. History of Black Hair Texture and Hairstyle: Centuries of Stereotyping. 938 B. Clean, Neat, and Kept Versus Extreme, Eye-Catching, and Unprofessional: Workplace Grooming Policies Reflect Racial Stereotypes. 943 III. Should Black... 2018 Yes
Theanne Liu ETHNIC STUDIES AS ANTISUBORDINATION EDUCATION: A CRITICAL RACE THEORY APPROACH TO EMPLOYMENT DISCRIMINATION REMEDIES 11 Washington University Jurisprudence Review 165 (2018) This Note will use a critical race theory lens to argue that most trainings on equal employment opportunity (EEO), diversity, or implicit bias operate as a restrictive remedy to Title VII race discrimination violations, and that incorporating an ethnic studies framework into these trainings can further an expansive view of antidiscrimination law.... 2018 Yes
Ruqaiijah Yearby THE IMPACT OF STRUCTURAL RACISM IN EMPLOYMENT AND WAGES ON MINORITY WOMEN'S HEALTH 43 Human Rights 21 (2018) In 2010, at the end of the great recession that disproportionately harmed racial minorities and women, the federal government recognized that health disparities are caused by the social determinants of health (SDOH) (Figure 1), which are outside an individual's control. (Sec'y's Advisory Comm, on Nat'l Health Promotion & Disease Prevention... 2018 Yes
Tyler Sherman ALL EMPLOYERS MUST WASH THEIR SPEECH BEFORE RETURNING TO WORK: THE FIRST AMENDMENT & COMPELLED USE OF EMPLOYEES' PREFERRED GENDER PRONOUNS 26 William & Mary Bill of Rights Journal 219 (October, 2017) Under an ordinary gloss, it is easy to limit the First Amendment's Free Speech Clause to its black-letter text. Taken purely at face value, the Free Speech Clause only prohibits the government from making laws abridging the freedom of speech. The text makes no other direct mention of speech rights, guarantees, or proscriptions. However, the First... 2017 Yes
Rebecca J. Wilson , Kiley M. Belliveau , Leigh Ellen Gray BUSTING THE BLACK BOX: BIG DATA, EMPLOYMENT AND PRIVACY 84 Defense Counsel Journal 1 (July, 2017) We live in an era of big data. Our increasing reliance on digital communication coupled with the technological ability to capture, collect, and analyze ever-growing volumes of data has led to the application of predictive analytics techniques to many of the most important facets of our lives, including healthcare, education, and employment. The... 2017 Yes
Laura Beth Nielsen , Ellen C. Berrey , Robert L. Nelson DIGNITY AND DISCRIMINATION: EMPLOYMENT CIVIL RIGHTS IN THE WORKPLACE AND IN COURTS 92 Chicago-Kent Law Review 1185 (2017) Gerry Handley (plaintiff): They would like always bring up these racial conversations and make these racial jokes . I'd just ignore them. I wouldn't laugh or I wouldn't listen in .. They started talking about incest, and they started talking about blacks from slavery time, you know, they bred them and sold them, and they inbred them down in the... 2017 Yes
Lucy Gubernick ERASING THE MARK OF CAIN: AN EMPIRICAL ANALYSIS OF THE EFFECT OF BAN-THE-BOX LEGISLATION ON THE EMPLOYMENT OUTCOMES OF PEOPLE OF COLOR WITH CRIMINAL RECORDS 44 Fordham Urban Law Journal 1153 (August, 2017) Criminals, it turns out, are the one social group in America we have permission to hate. --Michelle Alexander C1-2Table of Contents Introduction. 1154 I. Why Are Governments Banning the Box?. 1157 A. Criminal Records in the Labor Market. 1157 II. The Negative Credential and Race. 1164 A. The Legal History That Gave Rise to the Need for States to... 2017 Yes
David L. Hudson Jr. PUBLIC EMPLOYEES, PRIVATE SPEECH 103-MAY ABA Journal 48 (May, 2017) High-profile controversies over police shootings, questionable promotions, racial profiling, attacks on law enforcement and race-based incidents have led to an increase in public employees being disciplined for publicly posting commentary deemed offensive or incendiary. Public employees have been suspended for all manner of speech--supporting the... 2017 Yes
David McElhattan , Laura Beth Nielsen , Jill D. Weinberg RACE AND DETERMINATIONS OF DISCRIMINATION: VIGILANCE, CYNICISM, SKEPTICISM, AND ATTITUDES ABOUT LEGAL MOBILIZATION IN EMPLOYMENT CIVIL RIGHTS 51 Law and Society Review 669 (September, 2017) What factors affect whether ordinary citizens believe that workplace decisions involving African-American employees rise to the level of discrimination? When do observers believe targets of possible race discrimination should consider mobilizing the law? We use a factorial design vignette study administered to a nationally representative sample of... 2017 Yes
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