Category Archives: Feminism and the Workplace

Women in the Media as in Society?

Despite the backlash following his “slut” and “prostitute” references about Georgetown law student Sandra Fluke, Rush Limbaugh continues to denigrate women.  More recently, he targeted Tracie McMillan, journalist and author of the book, The American Way of Eating, and stated, … Continue reading

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Posted in Academia, Activism, Feminism and Culture, Feminism and Law, Feminism and Politics, Feminism and the Workplace, Feminists in Academia, If you're a woman, Justice?, Law Schools, Law Teaching, Legal Profession, Masculinity, Race and Racism, Sexism in the Media, Where are the Women? | Comments Off on Women in the Media as in Society?

The Eye of the Beholder?

From CNN: a discussion of the impact of documentaries such as Miss Representation and America the Beautiful on today’s youth. If you still wonder whether the image of women and gender in pop culture is still relevant, take a look … Continue reading

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Posted in Feminism and Culture, Feminism and the Arts, Feminism and the Workplace, Masculinity | Comments Off on The Eye of the Beholder?

Clay Shirky’s “A Rant About Women” From Two Years Ago

Read it here. Below is an excerpt: “… Some of the most important opportunities we have are in two-sided markets: education and employment, contracts and loans, grants and prizes. And the institutions that offer these opportunities operate in an environment … Continue reading

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Posted in Academia, Feminism and Technology, Feminism and the Workplace, The Overrepresentation of Men, The Underrepresentation of Women | 1 Comment

Women, Power, and Development

From the Asia Sentinel, this article:  Do Women in Power Act Differently From Men?  Here an excerpt: Several studies of women’s involvement in environmental protection cited below seem to indicate that they do – marginally. How that plays itself out … Continue reading

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Posted in Feminism and Politics, Feminism and the Workplace, Sisters In Other Nations, The Underrepresentation of Women, Women and Economics | Comments Off on Women, Power, and Development

Harassment, male privilege, and jokes that women just don’t get

(Cross-posted to Concurring Opinions blog) A familiar theme comes up frequently in internet discussions: Women who complain about online harassment are just missing the joke.

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Posted in Feminism and Technology, Feminism and the Workplace, Sexual Harassment | Tagged , , , , , | 11 Comments

Female Representation on German Corporate Boards

From The Atlantic: Last Monday, the 30 companies of Germany’s blue-chip DAX stock index pledged to increase the proportion of women in management positions. That’s news in itself. What’s most interesting, however, is what didn’thappen that day, and what some German … Continue reading

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Posted in Feminism and the Workplace, The Underrepresentation of Women | Comments Off on Female Representation on German Corporate Boards

Was Sexism a Factor in Carol Bartz’s Yahoo Firing?

That’s the headline of this column by Jeff Bercovici over at Forbes.com.  It features a colloquy between Mr. Bercovici and fellow Forbes writer Jenna Goudreau.  Ms. Goudreau comments: Studies have shown that assertiveness in women often reads as aggressiveness (read: “abrasive,” “bitchy,” etc.) … Continue reading

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Posted in Chutes and Ladders, Feminism and the Workplace | Comments Off on Was Sexism a Factor in Carol Bartz’s Yahoo Firing?

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

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Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | Comments Off on Everything But The Girl: Northern District Of Indiana Opinion Sharpens Split Over Nature Of Affirmative Defense In Single-Instance Harassment Cases

Why Mothers (and Fathers) Need Childcare Options at Professional Meetings

I previously blogged here about the AALS decision to reinstate (temporarily) child care at the Annual Meeting.  That decision is in response to multiple requests, most recently (and notably) from the Work-Life Committee of the AALS Section on Women in … Continue reading

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Posted in Academia, Feminism and Families, Feminism and the Workplace, Upcoming Conferences | Comments Off on Why Mothers (and Fathers) Need Childcare Options at Professional Meetings

Another Attack On Hotel Staff Member Results In Suspension Of Supervisor, Agreement To Provide “Panic Buttons”

The Hotel Pierre, site of another reported sexual attack on an employee, has suspended a housekeeping because that person apparently only entered the report into a logbook. A manager saw the report the next morning and called highers-up, who then … Continue reading

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Posted in Acts of Violence, Feminism and Law, Feminism and the Workplace, If you're a woman | Comments Off on Another Attack On Hotel Staff Member Results In Suspension Of Supervisor, Agreement To Provide “Panic Buttons”

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

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Posted in Academia, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | Comments Off on As Judge Nancy Gertner Retires, We Lose One of Our Greatest Judges But Gain One of Her Greatest Opinions

DOL Adds Gender Identity and Pregnancy to Nondiscrimination Policy

Here is the press release: US Department of Labor announces renewed commitment to fair treatment and equal opportunity for all of its employees New policy statements prohibit discrimination based on gender identity and pregnancy WASHINGTON — The U.S. Department of … Continue reading

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Posted in Feminism and the Workplace, LGBT Rights, Reproductive Rights | Comments Off on DOL Adds Gender Identity and Pregnancy to Nondiscrimination Policy

Crowdsourcing the Work-Family Debate

The Seattle Law Review just published a wonderful colloquy issue (here) centered around Joan Williams’s recent book, Reshaping the Work-Family Debate: Why Men and Class Matter.  Book-ended by an inspirational article by Justice Ruth Bader Ginsburg and a witty recap … Continue reading

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Posted in Feminism and Families, Feminism and the Workplace, Feminist Legal Scholarship | Comments Off on Crowdsourcing the Work-Family Debate

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

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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 on MIT Releases Third Study On Status Of Women Science and Engineering Faculty

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

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Posted in Employment Discrimination, Feminism and the Workplace, The Overrepresentation of Men, The Underrepresentation of Women | Comments Off on Military Leadership Diversity Commission Recommends Eliminating “Combat Exclusion Policies” That Discriminate Against Women!

Sisters On the Bench

Hannah Brenner, Michigan State University College of Law, is publishing Gender and the Judiciary in South Africa: A Review of the Documentary Film Courting Justice, in a forthcoming issue of the Yale Journal of International Affairs. Here is the abstract. … Continue reading

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Posted in Feminism and Law, Feminism and the Workplace, Legal Profession, Sisters In Other Nations | Tagged , | 1 Comment

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

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Posted in Acts of Violence, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace, Sexual Harassment | Comments Off on There’s No Sex in Your Violence: Opinion Reveals Minnesota Only Allows Hostile Work Environment Claims Based On Sexual Harassment, Not Gender Discrimination

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

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Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | Comments Off on The “Inevitable Firing” Approach: How The Inevitable Discovery Doctrine Should Inform Subordinate Discrimination Cases

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

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

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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

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

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

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

If Nero Had Internet Access, He Might Have Watched Porn While Rome Burned

From the Associated Press: Senior staffers at the Securities and Exchange Commission spent hours surfing pornographic websites on government-issued computers while they were being paid to police the financial system, an agency watchdog says. The SEC’s inspector general conducted 33 … Continue reading

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Posted in Feminism and the Workplace, Pornography's Harms | 1 Comment

Gender Frustrations

So I have taken a week to think about how to blog about a session that I saw last weekend at the ABA Conference.   The session was about using movies to demonstrate gender differences in negotiation  and I went … Continue reading

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Posted in Feminism and Law, Feminism and the Workplace, If you're a woman | Comments Off on Gender Frustrations

Latoya Peterson originally wanted to title the post: “All The Women Are Still White, All The Blacks Are Still Men, But Some Of Us Are Tired of Being Brave and Want to Kick Someone’s Ass.”

Read it here. Peterson co-authored it with Thea Lim and there is a lot there to think about, that really needs to be thought about. –Ann Bartow

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Posted in Feminism and the Workplace, Race and Racism, Sociolinguistics, Women and Economics | Comments Off on Latoya Peterson originally wanted to title the post: “All The Women Are Still White, All The Blacks Are Still Men, But Some Of Us Are Tired of Being Brave and Want to Kick Someone’s Ass.”

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

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

The Internet Pile-on over a Woman Dean’s Paycheck

The legal blogosphere has been embroiled recently in a series of discussions about Karen Rothenberg, formerly dean at Maryland law.  For those living in a cave (or avoiding Above the Law as a paper-finishing strategy), the basic facts are these:  … Continue reading

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Posted in Feminism and Technology, Feminism and the Workplace, Law Schools, Law Teaching, Sexism in the Media | 1 Comment

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

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Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | Comments Off on Residual Value: Nevada Case Reveals Potential Usefulness of Residual Hearsay Exception to Gender and Race Discrimination Plaintiffs

Don’t Ask, Don’t Get Pregnant: Military Policy for Iraq Bans Pregnancy or Impregnanting

Stars and Stripes, The Independent News Source for the U.S. Military Community, is  reporting that a policy which went into effect in early November, and just reported, restricts the reproductive rights of military and civilian personnel: The rule governs all … Continue reading

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Posted in Feminism and the Workplace, Reproductive Rights | 2 Comments

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

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Posted in Academia, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace, Feminist Legal Scholarship | Comments Off on Article of Interest: Diversity and Discrimination: A Look at Complex Bias by Minna Kotkin

New study concludes having women at the top of institutions is crucial to increasing the number of women among the junior faculty ranks.

From Inside Higher Ed: Does having a woman in the top job (or the No. 2 slot) make a difference? When it comes to faculty hiring, the answer appears to be Yes. And having a critical mass of women on … Continue reading

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Posted in Academia, Feminism and the Workplace, Feminists in Academia, The Underrepresentation of Women | Comments Off on New study concludes having women at the top of institutions is crucial to increasing the number of women among the junior faculty ranks.

Call for a “New Deal” Feminism Focused on Economics and the Workplace

In the weekend’s Washington Post, Professor Dorothy Sue Cobble (History and Labor Studies, Rutgers) writes, “It’s Time for a New Deal Feminism.” The American workplace is transforming, but women’s lives aren’t necessarily improving. * * * The answer is not … Continue reading

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Posted in Feminism and Economics, Feminism and Law, Feminism and the Workplace | Comments Off on Call for a “New Deal” Feminism Focused on Economics and the Workplace

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

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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

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

Gender Bias Bingo

“Share your experiences of at least three bias types listed below, and you will win the highly coveted “Real Professors Play Gender Bias Bingo” T–shirt!” Preview bingo card here. Play here!

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Posted in Academia, Feminism and Culture, Feminism and the Workplace | 1 Comment

“Women who dress like Barbie dolls get treated like Barbie dolls”

The Miami Daily Business News has revived its “Rodent” column.   In yesterday’s column (here — free registration required), the writer chastises female lawyers who don’t “dress the part.”   What’s not ok?   Stilettos, low-cut blouses, bare legs, frumpy … Continue reading

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Posted in Feminism and the Workplace, Legal Profession | 3 Comments

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

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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

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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

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

“The FBI says killer truckers are abducting prostitutes and other women at truck stops, raping them and leaving their bodies along the nation’s highways.”

Below is a “Time Video” news report, which states there are 500 known victims.

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Posted in Acts of Violence, Coerced Sex, Feminism and the Workplace, Justice? | 1 Comment

Carol W. Greider of the Johns Hopkins School of Medicine was one of three women who won a science Nobel last week, and she sounds like a sister!

Excerpt from a NYT interview with Nobel Laureate Carol W. Greider: …Q. MANY REPORTERS HAVE ASKED WHY TELOMERES RESEARCH SEEMS TO ATTRACT SO MANY FEMALE INVESTIGATORS. WHAT’S YOUR ANSWER? A. There’s nothing about the topic that attracts women. It’s probably … Continue reading

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Posted in Academia, Feminism and Science, Feminism and the Workplace, The Underrepresentation of Women | Comments Off on Carol W. Greider of the Johns Hopkins School of Medicine was one of three women who won a science Nobel last week, and she sounds like a sister!

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

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

Pornography at the National Science Foundation

The Washington Times is not a publication I ordinarily read or have any confidence in. Nevertheless, the allegations made in this article appear to be accurate: … The budget request doesn’t state the nature or number of the misconduct cases, … Continue reading

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The Devil is in the Dictum: Second Circuit Makes Troubling Statements in Dictum in Rape Shield Ruling

A female employee allegedly flashes her breasts to co-workers at the workplace. That female employee later brings a sexual harassment action against her superior, claiming that he touched her thighs and breasts, offered her job security in return for sex, … Continue reading

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Posted in Courts and the Judiciary, Feminism and the Workplace, Sexual Harassment | 1 Comment

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

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Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | Comments Off on No “Sex Plus” in the Seventh Circuit: Court Fails to Recognize “Sex Plus” Theory of Discrimination in Title VII Action Against Fire Department

Inciting harassment can be costly.

Check out this settlement: Mid-Trial Settlement for Derogatory Comments by Shock Jocks- $1,000,000.00 Settlement: $1,000,000.00 after three days of trial Caption: Athena Anddrinkopoulis v. Defendant (No Response) Judge: Hon. John Egan, JSC Date of Settlement: 12/6/07 Plaintiff’s Attorney: Daniel Centi, … Continue reading

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Posted in Acts of Violence, Feminism and Law, Feminism and the Workplace, Sociolinguistics | Comments Off on Inciting harassment can be costly.

Mikula v. Allegheny County of Pennsylvania re-decided based on a broader construction of the Lilly Ledbetter Fair Pay Act.

From Womenstake: In a triumphant development for equal pay, the Third Circuit Court of Appeals today ruled in favor of Mary Lou Mikula, holding that her Title VII pay discrimination claim had been erroneously dismissed on the basis that her … Continue reading

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Posted in Feminism and Law, Feminism and the Workplace | Comments Off on Mikula v. Allegheny County of Pennsylvania re-decided based on a broader construction of the Lilly Ledbetter Fair Pay Act.

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

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Posted in Employment Discrimination, Feminism and Law, Feminism and the Workplace | Comments Off on Female Supervisors Face Significant Sexual Harassment

The Road to Hell is Paved With (Allegedly) Good Intentions: Supreme Court of Alabama Opinion Raises Important Rape Shield Questions

We are not unmindful of the very personal nature of the information sought from Carlisle regarding her past conduct. Nor do we intend to suggest that a plaintiff with a promiscuous past could not feel the same shame and humiliation … Continue reading

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Posted in Acts of Violence, Courts and the Judiciary, Feminism and the Workplace | 1 Comment

On being an “Air Hostess” in the 1950s

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