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Category Archives: Employment Discrimination
CFP: It’s a Man’s World: Revealing and Addressing Hidden Gender Bias in Tax Law and Policy
American Tax Policy Institute Research Roundtable and Symposium It’s a Man’s World: Revealing and Addressing Hidden Gender Bias in Tax Law and Policy Expressions of interest due March 31, 2024 Program October 17-18, 2024, Washington DC The American Tax Policy Institute is pleased … Continue reading
Posted in Call for Papers or Participation, Employment Discrimination, Feminism and Culture, Feminism and Economics, Feminism and Families, Feminism and the Workplace, Women and Economics
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Race, Gender & Class & “Intersecting Inequalities” within Filipina Care Work
Read scholars Jennifer Nazareno, Cynthia Cranford, Lolita Lledo, Valerie Damasco and Patricia Roach’s newly published article in Vol. 36 of the Gender & Society journal entitled, Between Women of Color: The New Social Organization of Reproductive Labor. Together these sociologists … Continue reading
Posted in Employment Discrimination, Immigration
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#Menopause as a Lens for Evaluating the Intersections of Ageism & Sexism & Racism
What started off a few years ago as an investigation of state sales taxes on menstrual products has taken my work in many unexpected directions. My colleague Emily Gold Waldman (Pace) and I have combined forces (and expertise) to write … Continue reading
Posted in Elder Law, Employment Discrimination, Feminism and Culture, Feminism and Law, Feminism and Medicine, Feminism and Technology, Sisters In Other Nations
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Evaluating Menstrual Leave as a Viable Workplace Policy
Marian Baird (University of Sydney Business School), Elizabeth Hill (Political Economy, University of Sydney) and Sydney Colussi (University of Sydney Business School) have published their article Mapping Menstrual Leave Legislation and Policy Historically and Globally: A Labor Entitlement to Reinforce, … Continue reading
Posted in Employment Discrimination, Sisters In Other Nations, Women and Economics
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Steele on “Protecting Protected Activity”
Daiquiri Steele (Tulane) has published Protecting Protected Activity, 95 Washington L. Rev. 1891 (2020). Here is an abstract: The United States Supreme Court recently rolled back protections in employment retaliation cases by requiring plaintiffs to prove that their protected activity … Continue reading
Posted in Employment Discrimination, Feminist Legal Scholarship
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Celebrating US Feminist Judgments Employment Discrimination + Essay on Bostock
Congratulations to Ann McGinley, Nicole Porter and all of the fantastic contributors on the publication of Feminist Judgments: Rewritten Employment Discrimination Opinions (Cambridge University Press 2020)! Separate and apart from the book, project participants Ann McGinley (UNLV), Nicole Porter (Toledo), … Continue reading
Posted in Employment Discrimination, Feminist Legal Scholarship
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Period Leave as the New Progressive Workplace Benefit?
From the New York Times, this news of a new policy at Zomato in India: How many days a month have you missed work or requested a day off for stomach pains and cramps because of menstruation? This is the … Continue reading
Posted in Employment Discrimination, Feminism and the Workplace, Sisters In Other Nations
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Spindelman, The Shower’s Return: A Serial Essay on the LGBT Title VII Sex Discrimination Cases
Marc Spindelman (Ohio State) has made available The Shower’s Return: A Serial Essay on the LGBT Title VII Sex Discrimination Cases. Here is the abstract: The Shower’s Return offers a detailed account of, and engagement with, important aspects of what … Continue reading
Posted in Employment Discrimination, LGBT Rights
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The Real History of the “Because of Sex” Language in Title VII
I had always heard that the adding of the “because of sex” language in Title VII was intended as a joke. Turns out the story is more complicated than that. Representative Howard Smith (D-Virginia) was a segregationist with longstanding ties … Continue reading
Posted in Employment Discrimination, Feminist Legal History
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Areheart on “Organizational Justice and Antidiscrimination”
Brad Areheart (Tennessee) has posted to SSRN his article Organizational Justice and Antidiscrimination, 104 Minnesota Law Review 1921 (2020). Here is the abstract: Despite eighty years of governmental interventions, the legal system has proven ill-equipped to address workplace discrimination. Potential … Continue reading
Posted in Employment Discrimination, Feminist Legal Scholarship
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Why The Gender Pay Gap Took Center Stage In Michelle Wiliams’s Emmy Speech by @NaomiCahn
When Michelle Williams accepted a 2019 Emmy for best actress in a limited series or TV movie for her role as the Broadway dancer and actress Gwen Verdon in FX’s “Fosse/Verdon,” she started with the normal thank yous, and ended … Continue reading
Posted in Employment Discrimination, Feminism and Culture
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Bra-Gate: A 2019 Tale of Institutional Misogyny (@JCSherriffOffice)
by JoAnne Sweeny Back in May 2019, the Jackson County Detention Center, without any warning to local attorneys, instituted a new security policy that requires all visitors, including inmates’ attorneys, to pass through a metal detector. Seems reasonable in theory … Continue reading
Posted in Criminal Law, Employment Discrimination, Feminism and Culture, Feminism and Law, Feminism and the Workplace, If you're a woman, Legal Profession, Prisons and Prisoners
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CFP: Psychology of Women and Equalities Review Special Issue – Feminisms and Leadership
From the FLP mailbox: Call for Papers: Psychology of Women and Equalities Review Special Issue – Feminisms and Leadership ‘Leadership’ is a highly regulative practice, and is pervasive in our personal and political realms. Under late capitalism, academic and popular … Continue reading
Posted in Call for Papers or Participation, Employment Discrimination, Feminism and Culture
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Waldman on “The Preferred Preferences”
Emily Gold Waldman (Pace) has posted to SSRN her article The Preferred Preferences, (forthcoming, 97 North Carolina Law Review (2018)). Here is the abstract: In theory, customer preferences cannot justify discriminatory treatment by employers. The reality is more complicated. Built … Continue reading
Posted in Employment Discrimination, Feminist Legal Scholarship
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CFP – Feminist Judgments: Employment Discrimination Cases Rewritten
The U.S. Feminist Judgments Project seeks contributors to rewrite judicial opinions to reflect feminist perspectives, and commentaries on the rewritten opinions, for an edited book collection tentatively titled Feminist Judgments: Employment Discrimination Opinions Rewritten. This edited volume is part of … Continue reading
New Book Announcement: Lifetime Disadvantage, Discrimination and the Gendered Workforce
Cambridge University Press has published a new book by Susan Bisom-Rapp (Thomas Jefferson) and Malcolm Sargeant (Middlesex University, UK), Lifetime Disadvantage, Discrimination and the Gendered Workforce. Here is the publisher’s description: Lifetime Disadvantage, Discrimination and the Gendered Workforce fills a … Continue reading
Posted in Employment Discrimination, Recommended Books
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How to Ask for a Raise, Via a Deodorant Commercial
Andrea Schneider blogs here at Indisputably about Secret’s new ad. She writes: “I love that wage gap is now part of the commercial lexicon and that asking for it is portrayed so wonderfully.” Read the full post here.
Posted in Employment Discrimination, Feminism and Culture
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A New Blog Devoted To the History of Women Lawyers
Bari Burke, University of Montana School of Law, has launched a new blog, Montana’s Early Women Lawyers: Trail-Blazing, Big Sky Sisters-In-Law. Each post focuses on an interesting (and unknown) story about a female lawyer from the past, which Professor Burke … Continue reading
Posted in Academia, Employment Discrimination, Feminist Blogs Of Interest, Feminist Legal History, Feminist Legal Scholarship, Feminists in Academia, Law Teaching, Legal Profession
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Hollywood and Female Directors
From the Hollywood Reporter’s Jonathan Handel, a discussion of the ACLU’s call for an investigation of Hollywood’s “failure to hire” women directors and an analysis of how difficult such cases are to win.
Posted in Employment Discrimination, Feminism and the Workplace, The Underrepresentation of Women, Where are the Women?
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Equality and Non-Discrimination under International Law
For those who might be interested, here is a link to the introductory chapter in a volume of collected works on the subject published this year by Ashgate, part of a five-volume series on International Human Rights: Equality and Non-Discrimination under International … Continue reading
Posted in Employment Discrimination, Feminism and Law, LGBT Rights, Race and Racism
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“Bitch in Business”
From a group of students at Columbia Business School, this parody video riffing on Meghan Trainor’s “All About that Bass”: It includes a shout-out to women in law schools and med schools, too. Very funny. -Bridget Crawford
Posted in Academia, Employment Discrimination, Feminism and Culture
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“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.”
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
Posted in Academia, Employment Discrimination, Feminists in Academia, Race and Racism, Sexual Harassment
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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
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
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
Posted in Employment Discrimination, Feminism and Culture, Feminism and Economics, Feminism and Law, Feminism and Technology
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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
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
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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
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 Lean In, New York Times, Sheryl Sandberg, women and work
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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
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
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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
Comments Off on 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.
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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