Category Archives: Employment Discrimination

“The gender wage gap has only closed by 1.7 percentage points over the last decade, compared to 3.1 points the decade before and 9.7 the decade before that. “

That’s the depressing news from this article entitled “We’ve Stopped Making Progress In Closing The Gender Wage Gap.”

Share
Posted in Employment Discrimination, Feminism and Economics | 1 Comment

Anonymity and Abuse: An Addendum

In recent weeks I have begun a series of four blog posts that discuss discrimination and harassment in cyberspace, its perpetrators, and its consequences.  The first post, “Identity and Ideas,” is available here.  The second post, “Anonymity and Abuse,” is … Continue reading

Share
Posted in Academia, Employment Discrimination, Feminists in Academia, Race and Racism, Sexual Harassment | Comments Off

Anonymity and Abuse

This is the second in a series of four blog posts that discuss discrimination and harassment in cyberspace, its perpetrators, and its consequences.  The first post is available here. Last week I wrote about the way that people attack women … Continue reading

Share
Posted in Academia, Employment Discrimination, Feminists in Academia, Race and Racism, Sexual Harassment | 3 Comments

Identity and Ideas

This is the first in a series of four blog posts that discuss discrimination and harassment in cyberspace, its perpetrators, and its consequences. Women and people of color are under-represented in online discourse.  As of August 2013, 87% of Wikipedia … Continue reading

Share
Posted in Academia, Employment Discrimination, Feminists in Academia, Race and Racism, Sexual Harassment | 2 Comments

Read Susan Faludi on “Facebook Feminism”

Unlike so many trite reviews of the “Lean In” phenomenon, Faludi brilliantly contextualizes her critique. Available at The Baffler, excerpt below: … In 1834, America’s first industrial wage earners, the “mill girls” of Lowell, Massachusetts, embarked on their own campaign … Continue reading

Share
Posted in Employment Discrimination, Feminism and Culture, Feminism and Economics, Feminism and Law, Feminism and Technology | Comments Off

Converge! Re-Imagining the Movement to End Gender Violence

CALL FOR PAPERS AND PRESENTATIONS – SUBMIT YOUR PROPOSAL TO converge@law.miami.edu DUE DATE: Friday, October 18, 2013 (may be extended) For more conference information see http://www.law.miami.edu/academics/converge/ CONVERGE! Re-imagining the Movement to End Gender Violence, will bring together survivors, activists, and … Continue reading

Share
Posted in Academia, Activism, Acts of Violence, Call for Papers or Participation, Coerced Sex, Courts and the Judiciary, Employment Discrimination, Feminism and Economics, Feminism and Families, Feminism and Law, Feminism and Politics, Feminist Legal Scholarship, Feminists in Academia, Human Trafficking, Immigration, Legal Profession, LGBT Rights, Masculinity, Reproductive Rights, Sex Trafficking, Sexual Harassment, Socioeconomic Class, Upcoming Conferences | Comments Off

More push back on Sheryl Sandberg

In today’s New York Times we are treated to yet another installment of the cultural push back to Sheryl Sandberg’s “Lean In” in an article entitled “Coveting Not a Corner Office, but Time at Home.” The article is really gag-making … Continue reading

Share
Posted in Academia, Activism, Employment Discrimination, Feminism and Culture, Feminism and Families, Feminism and the Workplace, The Overrepresentation of Men, The Underrepresentation of Women | Tagged , , , | Comments Off

Women in the Texas Legislature: Lessons in Individual Actions that Serve to Empower Movements

Thank you to Senator Wendy R. Davis and to Senator Leticia Van de Putte for, among other things, standing up for equality.  It may have only been a battle and not a war, but Senator Davis’ filibuster of the Texas … Continue reading

Share
Posted in Academia, Activism, Employment Discrimination, Feminism and Culture, Feminism and Families, Feminism and Law, Feminism and Politics, Feminism and the Workplace, If you're a woman, Justice?, Reproductive Rights | Comments Off

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

Share
Posted in Employment Discrimination, Primary and Secondary Education | Comments Off

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

Share
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | Comments Off

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

Share
Posted in Employment Discrimination, Feminism and Culture, The Underrepresentation of Women | Comments Off

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

Share
Posted in Academia, Employment Discrimination, Feminism and Science, Women and Economics | Comments Off

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

Share
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | Comments Off

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

Share
Posted in Courts and the Judiciary, Employment Discrimination | Comments Off

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

Share
Posted in Employment Discrimination | Comments Off

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

Share
Posted in Employment Discrimination, Feminism and Culture, Feminism and Economics, Feminism and Families | 1 Comment

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

Share
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | Comments Off

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

Share
Posted in Employment Discrimination, The Overrepresentation of Women, The Underrepresentation of Women | 2 Comments

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

Share
Posted in Employment Discrimination, Feminism and the Workplace | Comments Off

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

Share
Posted in Courts and the Judiciary, Employment Discrimination | Comments Off

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

Share
Posted in Employment Discrimination | Comments Off

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

Share
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and Law, The Underrepresentation of Women | Comments Off

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

Share
Posted in Academia, Employment Discrimination | Comments Off

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

Share
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | Comments Off

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

Share
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and Religion | Comments Off

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

Share
Posted in Employment Discrimination, Feminism and Culture, Feminism and Families, Women's Health | 1 Comment

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

Share
Posted in Academia, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | Comments Off

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

Share
Posted in Academia, Courts and the Judiciary, Employment Discrimination, Feminist Legal Scholarship | Comments Off

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

Share
Posted in Employment Discrimination, Feminism and Economics, Feminists in Academia | Comments Off

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

Share
Posted in Academia, Employment Discrimination, Feminism and Families, Feminism and Law, Feminism and Science, Feminism and the Workplace, Feminists in Academia, The Underrepresentation of Women | Comments Off

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

Share
Posted in Employment Discrimination, Feminism and the Workplace, The Overrepresentation of Men, The Underrepresentation of Women | Comments Off

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

Share
Posted in Acts of Violence, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace, Sexual Harassment | Comments Off

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

Share
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | Comments Off

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

Share
Posted in Employment Discrimination, LGBT Rights | 3 Comments

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

Share
Posted in Academia, Employment Discrimination, Feminism and Economics, Feminism and Law, Feminism and the Workplace, Feminists in Academia, Women and Economics | 1 Comment

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

Share
Posted in Courts and the Judiciary, Employment Discrimination, Guest Blogger | 1 Comment

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

Share
Posted in Employment Discrimination | 1 Comment

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

Share
Posted in Employment Discrimination, Feminism and the Workplace, The Overrepresentation of Men | 1 Comment

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

Share
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | 2 Comments

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

Share
Posted in Employment Discrimination | Comments Off

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

Share
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | 4 Comments

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

Share
Posted in Employment Discrimination, Feminism and the Workplace, If you're a woman, The Underrepresentation of Women | 4 Comments

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

Share
Posted in Employment Discrimination, Feminism and Law, Feminist Legal Scholarship | Comments Off

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

Share
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | Comments Off

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

Share
Posted in Academia, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace, Feminist Legal Scholarship | Comments Off

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

Share
Posted in Academia, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | 2 Comments

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

Share
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | 1 Comment

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

Share
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | 5 Comments

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

Share
Posted in Academia, Employment Discrimination, Feminism and Law, Feminism and the Workplace, Feminists in Academia, Sexual Harassment | 1 Comment

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

Share
Posted in Academia, Employment Discrimination, Feminism and Law, Feminism and the Workplace, Law Schools, Law Teaching, Sexual Harassment | 1 Comment