Topic
Workplace Discrimination
Posts
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NoteVol. 103 · Iss. 4
Loosening the Confidentiality Straitjacket
In May 2024, the Federal Trade Commission (FTC) finalized its rule invalidating most non-competition agreements for approximately thirty million workers across the United States.…
Jaden A. Lanza -
ArticleVol. 99 · Iss. 5
Working Through Menopause
There are over thirty million people ages forty-four to fifty-five in the civilian labor force in the United States, but the law and legal…
Bridget J. Crawford, Emily Gold Waldman & Naomi R. Cahn -
CommentaryVol. 99 · Iss. 5
Cross-Statute Employment Discrimination Claims and The Need For A “Super Statute”
Congress has not drafted one statute to govern all claims of employment discrimination, regardless of whether those claims are based upon any of the…
William R. Corbett -
ArticleVol. 87 · Iss. 4
Complimentary Discrimination and Complementary Discrimination in Faculty Hiring
This Article focuses on one form of discrimination in faculty hiring. Specifically, this Article concentrates on discrimination against the “over qualified” minority faculty candidate,…
Angela Onwuachi-Willig -
ArticleVol. 88 · Iss. 6
Stealth Activism: Norm Formation by Japanese Courts
The Article focuses on the political and social roles of the Japanese Supreme Court to the society. It argues with the remarks made by…
Frank K. Upham -
Online2021
What Does it Mean to Discriminate “Because of . . . Sex”?
Title VII of the Civil Rights Act of 1964 makes it illegal for employers to discriminate against their employees “because of . . .…
Cora Allen -
NoteVol. 95 · Iss. 2
Fissures in the Valley: Searching for a Remedy for U.S. Tech Workers Indirectly Displaced by H-1B Visa Outsourcing Firms
“If I could just change one law,” lamented Bill Gates, “it would be this.” What law provokes the ire of the Silicon Valley titan…
Kenneth M. Geisler II -
ArticleVol. 96 · Iss. 5
Them Too
Discussions of sexual misconduct often focus primarily or exclusively on the parties directly involved in sexual behavior. As a result, the discussion generally centers…
Nancy Leong -
NoteVol. 96 · Iss. 4
Ban the Black Box: Criminal Background Screening and the Information-Withholding Problem
Beverly Harrison worked for the city of Dallas, Texas, for twenty-eight years before she retired to devote more time to her grandchildren and her…
Jennifer Stocker -
CommentaryVol. 92 · Iss. 6
Young v. United Parcel Service, Inc.: McDonnell Douglas to the Rescue?
The Pregnancy Discrimination Act of 1978 can be interpreted in two obvious ways: one interpretation requires employers to make reasonable accommodations for pregnant employees,…
William R. Corbett -
ArticleVol. 92 · Iss. 2
A Diamond in the Rough: Trans-Substantivity of the Federal Rules of Civil Procedure and its Detrimental Impact on Civil Rights
The Federal Rules of Civil Procedure are celebrating their seventy-fifth anniversary this year. On this diamond anniversary, the celebration is tempered by the uncomfortable…
Suzette Malveaux -
ArticleVol. 92 · Iss. 1
Religious Associations: Hosanna-Tabor and the Instrumental Value of Religious Groups
In its 2012 decision in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, the Supreme Court held that the Religion Clauses of the First…
Ashutosh Bhagwat