Category Archives: Feminism and the Workplace
Kimberly D. Phillips, “My Body is a Sacred ‘Garment’: Does the First Amendment Protect Clothing Designers Who Work Naked?”
The abstract: A Warner Brothers employee, Ms. Lyle, sued the writers of the TV program, Friends, for sexual harassment because the writers used sexually explicit coarse and vulgar language during their script writing sessions for the show. In the Supreme … Continue reading
Not Very Discriminating?: Court of Appeals Of Michigan Erroneously Affirms Summary Judgment Order In Employment Discrimination/Retaliation Appeal
The recent opinion of the Court of Appeals of Michigan in Syrowatka v. County of Washtenaw, 2009 WL 529213 (Mich.App. 2009), affirmed a trial court order granting the defendant’s motion for summary judgment dismissing the plaintiff’s claims for employment discrimination … Continue reading
“A record number of workers filed federal job discrimination complaints last year, with claims of unfair treatment by older employees seeing the largest increase.”
From Yahoo News: … The Equal Employment Opportunity Commission said Wednesday it received more than 95,000 discrimination claims during the 2008 fiscal year, a 15 percent increase over the previous year. Charges of age discrimination jumped by 28.7 percent : … Continue reading
The New York Times reports today about Lisa Pagan, a member of the U.S. Army Individual Ready Reserves, who brought her two small children (ages 3 and 4) with her when she had been reactivated for service and reported for … Continue reading
Zuska takes on that question here.
The Boston Globe reported here on the $1.6 million jury verdict in an employment discrimination case brought by a female neurosurgeon against her employer, Brigham and Women’s Hospital, and the male chair of the Neurosurgery Department. An earlier order granting … Continue reading
Anyone for tennis, wouldn’t that be nice?: The contract law implications of the UAE’s decision to deny a visa to an Israeli tennis player
Whether you are a fan of tennis (like me) or not, you might have been following the recent mess in the United Arab Emirates. Basically, at the last second, Israeli tennis player Shahar Peer was denied a visa to … Continue reading
“In 2007, women only made up 14 percent of the Army. However, during the same year, women accounted for 46 percent of all Army discharges under Don’t Ask, Don’t Tell.”
So notes the ACS Blog, which reports: Under the Clinton-era Don’t Ask, Don’t Tell policy, military recruiters and authorities are banned from asking about a soldier’s sexual identify. However, soldiers are required to hide their sexual orientation from public view … Continue reading
List is here, as compiled by Brian Leiter. For a number of reasons I think it would be useful to have a list of the “ten most cited” women law faculty members, more on this later. –Ann Bartow
Pregnant Pause: Eastern District of Michigan Misapplies Adoptive Admission Rule in FMLA/Title VII Action
The recent opinion of the United States District Court for the Eastern District of Michigan in Huck v. Greenspan, 2009 WL 224682 (E.D. Mich. 2009), contains what I feel is a disastrous misapplication of the adoptive admission rule, with similarly … Continue reading
Families which contain two adults who work outside the home often have a layer of economic security that two adult families with one “stay at home” partner do not have. So, on a micro level, everything feminists and our allies … Continue reading
President has authority to change “Don’t Ask Don’t Tell” now In her article Let the Small Changes Begin: President Obama, Executive Power, and Don’t Ask Don’t Tell, Professor Jackie Gardina of Vermont Law School writes: President Obama should not wait … Continue reading
Abstract: While private-sector employees do not have First Amendment free speech protection for their blogging activities relating to the workplace, public employees may enjoy some measure of protection depending on the nature of their blogging activity. The essential difference between … Continue reading
Dean Dad ponders that question here, and so do some of his readers.
Trans Fat: A Review by Zak Kramer and Elizabeth Glazer of “Fat Rights: Dilemmas of Difference and Personhood” by Anna Kirkland
Abstract: In her book, Fat Rights: Dilemmas of Difference and Personhood, Professor Anna Kirkland uses fat discrimination as a case study to examine the ways in which we talk about difference in antidiscrimination law. She argues that the proper way … Continue reading
“Opt Out” or Pushed Out: Are Women Choosing to Leave the Legal Profession? – A Conference at Yale Law School on March 27-28, 2009.
March 27-28, 2009 Yale Law School Sponsored by Yale Law Women â€œOpt Out”or Pushed Out will address the controversial phenomenon described by some as”opting out,” the supposed trend of professional women leaving the workplace to devote their energies to family … Continue reading
Morice Mendoza asks: Where Are the Women? Via Jill at Writes Like She Talks.
Basic Income Studies, an international journal of basic income research, Vol. 3, Issue 3, (2008) Debate: Should Feminists Endorse Basic Income? Guest editor: Ingrid Robeyns, Erasmus University Rotterdam Research Notes â€œIntroduction: Revisiting the Feminism and Basic Income Debate” Ingrid Robeyns, … Continue reading
Op-Ed here at the HuffPo.
Cinema Incubo: Tenth Circuit Finds In Dicta That Rape Shield Rule Applies At The Summary Judgment Stage In Former Projectionist’s Appeal
I remember going to Carmike Cinemas while attending college in Charlottesville and law school in Williamsburg. And the memories are not fond. Dimmed movie projector light bulbs. Sticky floors. Terrible sound. Cramped seating. Now, according … Continue reading
Deborah Spar, President of Barnard College, writes in the WaPo: ..as the financial debacle unfolds, I can’t help noticing that all the perpetrators of the greatest economic mess in eight decades are, well, men. Specifically, they are rich, white, middle-aged … Continue reading
As politicians and pundits debate the need for and contents of an economic stimulus program early in the Obama Administration, one issue has gained less attention than it should, and the attention it has gotten is – to my mind … Continue reading
From the Department of One Step Forward, Two Steps Back: In the 1970s, over 90 percent of the collegiate women’s teams were coached by women, but now just over 40 percent of women’s teams are headed by female coaches (and only 17.7 percent of women’s and men’s teams combined).
A post at the AAUW Dialog blog noted: …Title IX has made an enormous positive difference in women’s sports: two years before the enactment of Title IX in 1970, there were only 2.5 women’s teams per school, but as of … Continue reading
Details here and here. Paul Secunda has some observations here.
Nazneen Mehta is a second-year law student at Columbia Law School and is writing a Note on the international market in surrogacy services – particularly between relatively affluent “intended parents” in the US and poor female surrogates in India. Her … Continue reading
Tomorrow the Supreme Court will hear oral argument in the case, AT & T v. Hulteen — the case revolving around the interpretation of the scope of gender discrimination and pregnancy discrimination in employment under Title VII and the Pregnancy Discrimination Act.
From Dionne Scott at the Center for Reproductive Rights: Four women who entered the workforce prior to the enactment of the Pregnancy Discrimination Act (PDA) are disputing AT & T’s calculation of their pensions. That calculation was based on a … Continue reading
One of my favorite law profs sent me a link to a medical student discussion board, where a very long thread started off with this post: From some personal experience and hearing stories from others, there seems to be a … Continue reading
Echidne has a really good, thoughtful post here.
The Wapo has a lengthy article entitled A Hard Choice on this topic, an excerpt is below: You think you are pro-choice, Carole Meyers was saying. But, really, “how pro-choice are you? What does it mean for you? What’s your … Continue reading
Robert L. Nelson, Ellen C. Berrey and Laura Beth Nielsen, “Divergent Paths: Conflicting Conceptions of Employment Discrimination in Law and the Social Sciences”
The abstract: Legal conceptions of employment discrimination have become increasingly narrow over the past two decades as the law has adopted a”perpetrator”model of discrimination that emphasizes purposeful intent. This tendency runs counter to social scientific research that documents the pervasiveness … Continue reading
Report by “Women’s Voices, Women Vote” – “The Disparate Impact of the Economic Crisis on Unmarried Women”
Income: Unmarried women earn only 56 cents for every dollar that married men make. [Center for American Progress, 4/25/08] According to analysis of data from the Panel Study of Income Dynamics for individuals 25 to 61 years old, female-headed households … Continue reading
So last week when I received my TIAA-CREF statement (like many professors, I assume) you might have heard me scream from Milwaukee. But now I have a better ideaâ€“I should be running the market! Tim Harford, a columnist … Continue reading
For readers in the Western Pennsylvania area who might be interested in attending, Lilly Ledbetter will be speaking at the University of Pittsburgh School of Law tonight about her Supreme Court case and the fight for equal pay for women. … Continue reading
Here is the abstract: In September 2008, the D.C. federal court issued a landmark decision holding that discrimination against a transgender person was sex discrimination under Title VII. This decision throws into sharp relief the ongoing debates among supporters of … Continue reading