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Category Archives: Employment Discrimination
Student-Teacher Loses Her Job Over SlutWalk
From the Las Cruces (New Mexico) Sun News (here): [Theresa] Illgen, 23, appeared in a front-page photograph in the Las Cruces Sun-News wearing a bra and appearing to motivate those who marched to educate students, and the public, about the … Continue reading
Posted in Employment Discrimination, Primary and Secondary Education
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Irresistible Impulse: Supreme Court of Iowa Finds Employer Can Fire Employee He Deems an “Irresistible Attraction”
The question is not before us of whether it would be sex discrimination if Tenge had been terminated because Lori perceived her as a threat to her marriage but there was no evidence that she had engaged in any sexually suggestive conduct. Tenge v. Phillips Modern Ag. Co., 446 F.3d 903 (8th Cir. 2006). … Continue reading
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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Most Women Don’t Want Power and Status, She Says
Kay S. Hymowitz of the Manhattan Institute for Policy Research writes in the City Journal about “The Plight of the Alpha Female.” Here’s her explanation for the lack of gender parity in the highest ranks of business, government, academia: [W]omen … Continue reading
Posted in Employment Discrimination, Feminism and Culture, The Underrepresentation of Women
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To test scientist’s reactions to men and women with precisely equal qualifications, the researchers did a randomized double-blind study in which academic scientists were given application materials from a student applying for a lab manager position. The substance of the applications were all identical, but sometimes a male name was attached, and sometimes a female name. Results: female applicants were rated lower than men on the measured scales of competence, hireability, and mentoring (whether the scientist would be willing to mentor this student). Both male and female scientists rated the female applicants lower.
From Discover, where Sean Carroll writes: Nobody who is familiar with the literature on this will be surprised, but it’s good to accumulate new evidence and also to keep the issue in the public eye: academic scientists are, on average, … Continue reading
Posted in Academia, Employment Discrimination, Feminism and Science, Women and Economics
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The Bitch Is Back: When a Supervisor Repeatedly & Angrily Calls An Employee a “Bitch” to Her Face in Front of Co-Workers, Is it Sexual Harassment?
Kimberly Passananti was the deputy director of the DRC from 2002 until 2007. For several years, her supervisor was DRC director John Sullivan. After losing her job in 2007, Passananti sued, claiming that Sullivan subjected her to sexual harassment and … Continue reading
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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Corbin on Hosanna-Tabor, Updated
Caroline Mala Corbin (Miami) has posted to SSRN an updated version of her article on the Hosanna-Tabor case. This version addresses the Supreme Court decision in the case. Here is the abstract: In Hosanna-Tabor Evangelical Lutheran Church and School v. … Continue reading
Posted in Courts and the Judiciary, Employment Discrimination
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What’s Left of Class Actions for Gender Discrimination after Dukes v. Walmart
In the pages of Brooklyn-based n+1 magazine of culture, politics and literature, writer Dayna Tortorici gives her take on the future of class action claims of gender discrimination after the infamous Dukes v. Walmart case: What the women in Dukes … Continue reading
Posted in Employment Discrimination
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If Anne-Marie Slaughter is a Dropout, We’re Chopped Liver
Over here at The American Prospect, E.J. Graff (Brandeis, Women’s Studies) has a great analysis of Anne-Marie Slaughter’s article Why Women Still Can’t Have It All from the July/August issue of The Atlantic. Graff responds to the italicized portions of … Continue reading
Double Nickels on the Dime: Supreme Court of Israel Creates Burden-Shifting Framework for Gender Pay Disparity Cases
According to the Washington Post, Israeli feminists on Friday welcomed a Supreme Court ruling they say will help enforce equal pay laws for men and women. The ruling, issued Thursday, requires employers paying different wages to men and women to … Continue reading
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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What’s the Difference Between a “Gender Quota” and “Gender Balance”?
Avivah Wittenberg-Cox, writing for the Harvard Business Review Blog Network, describes it this way: Most companies looking to balance genders in their workforces set a target for the number of women in the organization. Royal Dutch Shell, for example, has committed … Continue reading
Cary Franklin, “Inventing the ‘Traditional Concept’ of Sex Discrimination”
Cary Franklin (Texas) has posted to SSRN her article, Inventing the “Traditional Concept” of Sex Discrimination,125 Harv. L. Rev. 1307 (2012). Here is the abstract: It is a commonplace in employment discrimination law that Title VII’s prohibition of sex discrimination … Continue reading
Posted in Employment Discrimination, Feminism and the Workplace
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District Of Oregon Dismisses Stereotype of the Emotional, Gossipy, and Flirtatious Woman & Then Labels the Plaintiff One
As noted by Bridget, in delivering the luncheon address at the MSU Symposium on “Gender and the Legal Profession,” the Honorable Nancy Gertner said that “[t]he reason that people are losing discrimination cases is not because it didn’t happen. It’s because … Continue reading
Posted in Courts and the Judiciary, Employment Discrimination
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Nancy Gertner Just Rocked My World
“The reason that people are losing discrimination cases is not because it didn’t happen. It’s because the law is inadequate to the task.” This is great inspiration to all who toil in the trenches of plaintiffs’ litigation, law review articles … Continue reading
Posted in Employment Discrimination
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Judge Nancy Gertner on “How the Courts Have Repealed the Civil Rights Act”
The Honorable Nancy Gertner (U.S. District Court of Massachusetts, retired) is delivering the luncheon address at the MSU Symposium on “Gender and the Legal Profession.” Here are a few of her highlights from her talk: Judge Gertner explains that the … Continue reading
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and Law, The Underrepresentation of Women
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AALS Section on Employment Discrimination and Section on Labor Relations and Employment Law 2011 Newsletter
The AALS Section on Employment Discrimination and Section on Labor Relations and Employment Law have produced a joint Newsletter for 2011. The Newsletter contains info about relevant AALS presentations, including hot topics panels. It continues with a list of hires, promotions, moves … Continue reading
Posted in Academia, Employment Discrimination
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Everything But The Girl: Northern District Of Indiana Opinion Sharpens Split Over Nature Of Affirmative Defense In Single-Instance Harassment Cases
An employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or successively higher) authority over the employee. When no tangible employment action is taken, a defending employer may … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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Request for Signatories to Amicus Brief in Hosana-Tabor Case (First Amendment, Employment Discrimination and Gender Issues)
We have drafted an amicus brief for law professors in the Hosanna-Tabor case, which involves a ministerial exception to employment laws and has important implications for gender discrimination. Cheryl Perich was a kindergarten and fourth grade teacher at Hosanna-Tabor Evangelical … Continue reading
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and Religion
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Second Shift Redux: New Study on Working Women’s Minimal Leisure Time
The Journal of Family Psychology wasn’t on my summer reading list until yesterday. The LA Times reported (here) on a new Journal of Family Psychology study about the comparative leisure time of men and women in 2-career families with at … Continue reading
As Judge Nancy Gertner Retires, We Lose One of Our Greatest Judges But Gain One of Her Greatest Opinions
Judge Nancy Gertner kicks ass. I remember writing a motion in limine regarding the admissibility of virtual reality evidence for the annual mock technology trial when I was a student at William and Mary. Judge Gertner served as the judge … Continue reading
Posted in Academia, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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Article of Interest: Kerri L. Stone’s Clarifying Stereotype
Federal Rule of Evidence 801(d)(2)(E) provides that “[a] statement is not hearsay if…[t]he statement is offered against a party and is…a statement by a coconspirator of a party during the course and in furtherance of the conspiracy. Rule 801(d)(2)(E) is based … Continue reading
Posted in Academia, Courts and the Judiciary, Employment Discrimination, Feminist Legal Scholarship
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An (Illegal) Feminist Bakesale
Some students at Reed College are planning a “Feminist Bake Sale for Pay Equity.” Here are the details: The bakesale will charge men and women proportionally, based on the amount of money they earn as published by the 2008 Census … Continue reading
Posted in Employment Discrimination, Feminism and Economics, Feminists in Academia
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MIT Releases Third Study On Status Of Women Science and Engineering Faculty
Today, the Massachusetts Institute of Technology releases a report examining the status of women faculty in science and engineering, the third such report since 1999. The upshot: There’s progress, but more needs to be done. The number of women faculty … Continue reading
Military Leadership Diversity Commission Recommends Eliminating “Combat Exclusion Policies” That Discriminate Against Women!
See Recommendation 9 at page 19 of the Executive Summary. The full report is available here. –Ann Bartow
Posted in Employment Discrimination, Feminism and the Workplace, The Overrepresentation of Men, The Underrepresentation of Women
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There’s No Sex in Your Violence: Opinion Reveals Minnesota Only Allows Hostile Work Environment Claims Based On Sexual Harassment, Not Gender Discrimination
A female employee brings an action against a school district under the Minnesota Human Rights Act (MHRA), alleging hostile work environment based upon gender discrimination. The gravaman of her complaint is that her male supervisor made sexist statements about the … Continue reading
Posted in Acts of Violence, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace, Sexual Harassment
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The “Inevitable Firing” Approach: How The Inevitable Discovery Doctrine Should Inform Subordinate Discrimination Cases
A company fires an employee. The employee files an action against the company, alleging that the firing was discriminatory. The company moves for summary judgement dismissing the complaint. The fired employee has no direct evidence that the supervisor who fired … Continue reading
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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Williams Institute Report on Employment Discrimination in Utah
Today the Williams Institute at UCLA School of Law issued a report (here) about employment discrimination against LGBT people in Utah. From the press release: The study found that Utah’s LGBT employees are being discriminated against because of their sexual … Continue reading
Posted in Employment Discrimination, LGBT Rights
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Do Unions Help Women Faculty?
Ann Mari May, Elizabeth Moorhouse, and Jennifer A. Bossard have published Representation of Women Faculty at Public Research Universities: Do Unions Matter? in volume 63 of the Industrial and Labor Relations Review (2010). Here is the abstract. The authors investigate the … Continue reading
Guest Blogger Seth Stern: Justice Brennan’s Woman Problem
In the month since the publication of the biography of Justice William J. Brennan Jr. I co-authored, no passage has attracted more attention than our account of his refusal to hire female clerks. It probably shouldn’t have come as a surprise … Continue reading
Employment Discrimination Alleged Against Ruth’s Chris Steak House
Three women have filed suit against Ruth’s Chris Steak House, alleging gender discrimination. A copy of the complaint is here. This excerpt from the complaint provides a sense of the alleged atmosphere at the place of employment: H/T Ralph Stein -Bridget … Continue reading
Posted in Employment Discrimination
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If You Want to Work for the History Channel, You Need to Be An Historian With a Penis!
Historiann has the details about a History Channel solicitation letter that states: We’re open to many physical-types for the host position, but we’re focusing on finding more of a rugged, rough, and smart type. Think Survivor’s Jeff Probst or Dirty … Continue reading
As Seen on TV?: SDNY Finds Social Framework Testimony Wouldn’t Help Jurors Because Gender Stereotypes are Exposed on Sitcoms & News Reports
Moreover, the Court agrees with the Minnesota Court of Appeals’ reasoning in Ray v. Miller Meester Advertising, Inc., 664 N.W.2d 355 (Minn.Ct.App.2003) wherein the court found that the trial court abused its discretion by admitting Dr. Borgida’s testimony because the … Continue reading
NY Gov Signs Historic Legislation Protecting Rights of Domestic Workers
LaborNotes has the story: The new law guarantees domestic workers time-and-half pay after working more than 40 hours and ensures at least a day off each week. They will also be covered under the state’s worker compensation and anti-discrimination laws … Continue reading
Posted in Employment Discrimination
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Memo to Yale Law School Professor Adam Cohen: “What Price Waterhouse did is like saying ‘nigger.’”
A member of the blogroll who has requested anonymity contributes the following post: Adam Cohen, who is apparently a law professor at Yale Law School, seems not to be familiar with the case of Hopkins v. Price Waterhouse, and that Cohen … Continue reading
Marines to Women Soldiers: Clean Up On Aisle Seven!
When their gender is seen as an advantage rather than a disability, suddenly it is permissible for women soldiers to assume combat roles: … Women make up only 6 percent of the Marine Corps, which cultivates an image as the … Continue reading
Meredith Render, “Gender Rules”
Abstract: Sex-stereotypes are of perennial concern within antidiscrimination law and theory, yet there is widespread disagreement about what constitutes a”sex-stereotype.”This article enters the debate surrounding the correct understanding of”stereotype”and posits that the concept is too thin to serve as a … Continue reading
Posted in Employment Discrimination, Feminism and Law, Feminist Legal Scholarship
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Residual Value: Nevada Case Reveals Potential Usefulness of Residual Hearsay Exception to Gender and Race Discrimination Plaintiffs
Federal Rule of Evidence 807 provides an exception to the rule against hearsay for A statement not specifically covered by Rule 803 or 804 but having equivalent circumstantial guarantees of trustworthiness, is not excluded by the hearsay rule, if the … Continue reading
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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Article of Interest: Diversity and Discrimination: A Look at Complex Bias by Minna Kotkin
Back in September, I posted an entry about the Seventh Circuit’s failure to recognize a “sex plus” or “gender plus” theory of discrimination in its recent opinion in Coffman v. Indianapolis Fire Dept., 2009 WL 2525762 (7th Cir. 2009), a … Continue reading
Posted in Academia, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace, Feminist Legal Scholarship
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Article of Interest — A Matter of Context: Social Framework Evidence in Employment Discrimination Class Actions by Professors Hart and Secunda
Over the past half-century it has become commonplace for courts and commentators to distinguish two uses of social science in law. Social science is said either to prove ‘legislative facts’ that concern general questions of law and policy, or to … Continue reading
The Wrong Stuff: Middle District of Florida Seemingly Revives Narrow, Pre-Burlington Reading of Title VII’s Antiretaliation Provision in Action Against NASA
You are an employee at NASA at the Kennedy Space Center (KSC). In 2004, you file an informal complaint with the EEOC for discrimination and harassment, alleging that your superior sent e-mails to you and others in your department containing … Continue reading
You’ve Got Mail: Eastern District of Pennsylvania Finds Plaintiff’s E-Mails Admissible In Sexual Harassment Case Despite Rape Shield Rule
A woman sues her employer, claiming, inter alia, sexual harassment based on an arguably hostile work environment. Specifically, she claims that her superior stared at her breasts on two separate occasions and made the following comment to her, with regard … Continue reading
Ruth O’Brien (editor),”TELLING STORIES OUT OF COURT: Narratives about Women and Workplace Discrimination”
Professor Ruth O’Brien teaches in the Political Science department at the Graduate Center of CUNY. Her new book about women and workplace discrimination uses both legal commentary and ‘story-telling’ methods to explore sexism and discrimination at work. From the publisher’s … Continue reading
George Mason School of Law Sued for Sexual Harassment
From Law.com: … This July, Kyndra Rotunda filed a lawsuit against the Arlington, Va., school, where just three years before she had happily signed on as director of a legal assistance clinic for military service members. In her suit, she … Continue reading
The Wal-Mart Effect: Supreme Judicial Court of Massachusetts Reinstates Punitive Damages Award in Gender Discrimination Action Against Wal-Mart
A plaintiff brings an action against her former employer for discrimination. That action seeks punitive as well as compensatory damages. The plaintiff does not have evidence that the employer acted with knowledge that its conduct violated the terms of the … Continue reading
“Right Stuff, Wrong Sex: NASA’s Lost Female Astronauts”
Women were more qualified to to go into space than men. Having the wrong gonads kept them grounded. This Wired.com article reports: … In the late 1950s, the United States government contemplated training women as astronauts, and newly released medical … Continue reading
No “Sex Plus” in the Seventh Circuit: Court Fails to Recognize “Sex Plus” Theory of Discrimination in Title VII Action Against Fire Department
A female firefighter has direct or circumstantial evidence that she was intentionally discriminated against based upon he gender. Undoubtedly, if she brings a Title VII action against the fire department, her action will survive a motion for summary judgment. But … Continue reading
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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Female Supervisors Face Significant Sexual Harassment
From Paul Secunda at Workplace Prof Blog: “Probably not a big surprise to many readers out there that female supervisors are still harassed in large numbers, but the fact that this study show that they are harassed more than non-supervisor … Continue reading
Posted in Employment Discrimination, Feminism and Law, Feminism and the Workplace
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When Breast Milk Production Doesn’t Fit Like a Glove With an Employer’s Schedule
LaNisa Allen was fired from her job at the totes/Isotoner Corporation after she took “unauthorized” bathroom breaks to pump breast milk. Allen sued for wrongful termination, alleging that she was a victim of sex discrimination on the basis of pregnancy. … Continue reading
Posted in Employment Discrimination
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Time Allocation, “Work,” and “Household Activities”
Here‘s this really interesting interactive graph from the NY Times, which purports to show how different demographics spend their time. What’s interesting for feminists is the extent to which women spend less time on “work” and more time on “household … Continue reading
Wall Street Bias Alleged in Two Class Action Suits
The investment banking and brokerage industry, historically a white male bastion, has been subject to numerous prominent employment discrimination suits over the years. Now the industry may be facing a new wave of litigation by women and people of color … Continue reading
Posted in Employment Discrimination
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