Category Archives: Employment Discrimination

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!

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

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

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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

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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

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

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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

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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

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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

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

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Posted in Employment Discrimination | Comments Off on NY Gov Signs Historic Legislation Protecting Rights of Domestic Workers

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

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

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

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Posted in Employment Discrimination, Feminism and Law, Feminist Legal Scholarship | Comments Off on Meredith Render, “Gender Rules”

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

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

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

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 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

“Right Stuff, Wrong Sex: NASA’s Lost Female Astronauts”

Women were more qualified to to go into space than men. Having the wrong gonads kept them grounded. This Wired.com article reports: … In the late 1950s, the United States government contemplated training women as astronauts, and newly released medical … Continue reading

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Posted in Academia, Employment Discrimination, Feminist Legal History, The Underrepresentation of Women | 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

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

When Breast Milk Production Doesn’t Fit Like a Glove With an Employer’s Schedule

LaNisa Allen was fired from her job at the totes/Isotoner Corporation after she took “unauthorized” bathroom breaks to pump breast milk.  Allen sued for wrongful termination, alleging that she was a victim of sex discrimination on the basis of pregnancy. … Continue reading

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Posted in Employment Discrimination | 1 Comment

Time Allocation, “Work,” and “Household Activities”

Here‘s this really interesting interactive graph from the NY Times, which purports to show how different demographics spend their time. What’s interesting for feminists is the extent to which women spend less time on “work” and more time on “household … Continue reading

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Posted in Employment Discrimination, Feminism and Families | 2 Comments

Wall Street Bias Alleged in Two Class Action Suits

The investment banking and brokerage industry, historically a white male bastion, has been subject to numerous prominent employment discrimination suits over the years. Now the industry may be facing a new wave of litigation by women and people of color … Continue reading

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Posted in Employment Discrimination | Comments Off on Wall Street Bias Alleged in Two Class Action Suits