16. Discrimination law: from sex discrimination in employment to a general equality principle

2014 ◽  
pp. 478-510
Author(s):  
Margot Horspool ◽  
Matthew Humphreys
Keyword(s):  
Sex Discrimination ◽  
Discrimination In Employment

scholarly journals Race and Sex Discrimination in Employment in Canada. Theories, Evidence and Policies

2005 ◽  
Vol 37 (2) ◽  
pp. 344-366 ◽  
Author(s):  
Harish C. Jain
Keyword(s):  
Public Policy ◽  
Sex Discrimination ◽  
Discrimination In Employment

After having examined three theoritical approaches, the author presents public policy relating to race and sex discrimination in employment and analyzes 74 cases decided by the boards of enquiry and courts.

Privacy, Efficiency, and the Equality of Men and Women: A Revisionist View of Sex Discrimination in Employment

1981 ◽  
Vol 6 (3) ◽  
pp. 585-636
Author(s):  
Mayer G. Freed ◽  
Daniel D. Polsby
Keyword(s):  
Sex Differences ◽  
Los Angeles ◽  
Civil Rights ◽  
Sex Discrimination ◽  
Men And Women ◽  
Civil Rights Act ◽  
Maintenance Of Sex ◽  
Considerable Debate ◽  
Discrimination In Employment ◽  
Per Se

The Supreme Court's decision inCity of Los Angeles Department of Water and Power v. Manharthas engendered a considerable debate, much of which has appeared in the pages of thisJournal. Defenders of theManhartdecision take its critics to task for failure to appreciate the place of that decision in the overall jurisprudence of employment discrimination. In this article, the authors challenge the underlying conception of the law of sex discrimination that is said to dictate the result inManhart. Far from erecting a per se rule against all sex classifications, the Civil Rights Act of 1964 is shown to recognize both the relevance of prevalent social norms about sex differences and the legitimacy of certain interests of employers as limited justifications for the maintenance of sex-conscious lines in some circumstances, a recognition that contrasts sharply with the statute's categorical prohibition on racial classifications. It follows from this discussion thatManhart'soutcome was not ordained by the ethos of the laws against sex discrimination.

Sex Discrimination in Employment: Everyone's Problem

1995 ◽  
Vol 14 (6/7) ◽  
pp. 54-60 ◽  
Author(s):  
Gina Sur ◽  
Brian H. Kleiner
Keyword(s):  
Sex Discrimination ◽  
Discrimination In Employment

Women and the Constitution

1983 ◽  
Vol 39 ◽  
pp. 23-23
Author(s):  
Joan Hoff-Wilson
Keyword(s):  
Legal Status ◽  
Working Women ◽  
Sex Discrimination ◽  
Fourteenth Amendment ◽  
Rape Victims ◽  
Constitutional History ◽  
Women Reformers ◽  
Nineteenth Amendment ◽  
Discrimination In Employment ◽  
Status Of Women

The seminar will explore the historical development surrounding changes in the legal status of women from the colonial period to the present. In addition to specialized readings in constitutional history, video cassettes which analyze aspects of modern case laws affecting contemporary American women will also comprise a segment of the instructional material. Particular attention will be paid to the historical circumstances prompting women reformers to place varying degrees of emphasis upon achieving equality through equity procedures, litigation, amendments to the Constitution and public policy legislation. Bibliographies and techniques for teaching major constitutional issues will be presented and discussed. Topics: equity jurisprudence, dower rights, married womens’ property acts, the Fourteenth Amendment, Supreme Court decisions involving working women, the Nineteenth Amendment, equal and comparable pay, national commissions on women, federal legislation prohibiting sex discrimination in employment and education, divorce and family law, constitutional views on contraception and abortion, the significance of the ERA, treatment of rape victims, sexual harassment on the job.

Sexual Harassment

2021 ◽  
Author(s):  
Theresa M. Beiner
Keyword(s):  
Civil Rights ◽  
Sexual Harassment ◽  
Sex Discrimination ◽  
Current Status ◽  
Court System ◽  
Grass Roots ◽  
Sexual Harassment Law ◽  
Discrimination In Employment ◽  
Sexual Harassment Policies ◽  
Feminist Organizing

This chapter explores the origins, development, and current status of workplace sexual harassment law. Sexual harassment law owes its genesis to a combination of grass-roots feminist organizing and legal feminist theorizing. After initial losses in the courts, feminist lawyers and their clients scored significant victories in the court system. Employers and those accused of discrimination soon fought back, including by participating in the development of an extensive system of training and anti-sexual harassment policies that have not proven helpful to targets of sexual harassment. Feminist legal scholars have offered critiques of the courts’ decisions, taking a variety of approaches to increasing the law’s efficacy and extending its reach to encompass the experiences of men, women of color, and sexual minorities. Yet, plaintiffs using Title VII of the Civil Rights Act of 1964, the main federal antidiscrimination statute applicable to sex discrimination in employment, continue to find themselves thrust out of court due to formalistic rules developed in the court system. This has led other scholars to suggest different legal approaches to address this persistent and disturbing form of workplace discrimination. Whether current grass-roots campaigns like the #MeToo movement will prove more effective than prior legal efforts remains to be seen.

Effects of Social Conditions on the Expression of Sex-role Stereotypes

1979 ◽  
Vol 4 (2) ◽  
pp. 241-255 ◽  
Author(s):  
Muriel Yoshida Beattie ◽  
Lesley A. Diehl
Keyword(s):  
Sex Role ◽  
Sex Discrimination ◽  
Attitudes Toward Women ◽  
Law School ◽  
Male And Female ◽  
Female Candidates ◽  
Indirect Measures ◽  
Discrimination In Employment ◽  
Set Up ◽  
Direct Measures

In this study, 129 female and 83 male undergraduates were asked to make judgments about identical male and female law school applicants. Evaluations of the candidate employed two types of measures: (a) direct measures set up to assess judgments based upon objective criteria such as GPA and aptitude test scores, and (b) indirect measures designed to provide more opportunity for subjective factors and subtle ways for stereotyping to operate. It was hypothesized that increased social awareness of sex discrimination would reduce more blatant types of stereotyping expressed in the direct measures and force stereotyping into more subtle forms, measurable through the construction of the indirect indices. The results revealed no differences between male and female candidates on the direct measures. However, stereotyping appeared on indirect measures associated with personality characteristics and employment alternatives. The investigators concluded that prejudicial attitudes toward women continue to exist and are expressed in more subtle or “hidden” forms. Suggestions for developing means for measuring these attitudes as well as practical considerations for reducing discrimination in employment settings were presented.

16. Discrimination law: from sex discrimination in employment to a general equality principle

2018 ◽  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
General Principle ◽  
Sex Discrimination ◽  
Case Law ◽  
Equal Treatment ◽  
Discrimination In Employment

TiThis chapter focuses on discrimination prohibited in employment. It first looks at sex discrimination, which, as it developed both in respect of abundant case law and of legislation, has contributed much to the development of the more general principle of equal treatment. It then considers other forms of discrimination included in the directives made under Article 19 of the TFEU.

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