discrimination

August 14, 2020 0

Using COVID-19 as a Cover for Binding Regulatory Change: Title IX under Trump

(Source) On August 14, 2020, colleges and universities will be required to comply with what is essentially an overhaul of the Title IX system as it has existed for over the last decade. Title IX has been revolutionary in combating sexual harassment and sexual abuse in schools, on sports teams, and in other educational programs. The commonly referenced “Title IX” is the ninth title in the Education Amendments Act of 1972, a federal civil rights law which states that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Since 1972, blatant pregnancy discrimination has been all but eradicated, the proportion of women earning college and professional degrees has consistently increased, and women have increasingly become college professors. Title IX is now largely seen as protection against sexual assault and harassment, a topic which has garnered much more national attention in recent years. Many, however, do not know where Title IX gets its power. Much of our present-day federal policy is determined by regulatory institutions within the executive branch or by the [read more]

April 24, 2019 0

Supreme Court to Hear Landmark LGBTQ Cases

On Monday April 22, 2019, the Supreme Court of the United States has agreed to hear three cases which seek rulings on whether sexual orientation, transgender status, and transitioning status are protected under Title VII of the Civil Rights Act after years of courts and government agencies taking conflicting positions on this landmark issue. The Supreme Court will likely issue decisions on these hot button cases in 2020 at the beginning of the next presidential election race. Title VII makes it unlawful for an employer to discriminate against any individual “because of” the individual’s sex. While it is understood that the phrase “because of sex” includes gender stereotyping, the law remains in flux as to whether discrimination “because of sex” includes discrimination based on sexual orientation, transgender status, and transitioning status. Numerous courts and federal government agencies have taken opposing stances on this issue. For example, the Department of Justice (“DOJ”) has filed an amicus brief arguing that discrimination based on sexual orientation is not encompassed as discrimination “because of sex” under Title VII. The DOJ’s brief directly conflicts with the Equal Employment Opportunity Commission’s (“EEOC”) stance, as articulated in an amicus brief, which contends that sexual orientation falls squarely [read more]

November 17, 2018 0

On the Basis of Personality: How Harvard’s Admissions Policy Hurts Asian Americans and the Future of Affirmative Action

If being surrounded by diverse peers allows students to learn early on to purge themselves of implicit biases and avoid stereotyping their peers based on race or ethnicity, then the need for such race-based policies in college admissions is clear. Affirmative action’s goal of ensuring the advancement of minorities inherently includes the goal of removing biases against them in the professional world. This goal is especially relevant to Asian Americans, who are less likely than both African Americans and Hispanics to be promoted into management roles in the workforce. The value of a “diverse” education is diminished if affirmative action policies fail to reduce the false notion of Asian Americans inherently lacking leadership skills. More pressingly, affirmative action policies will fail Asian American graduates if they are not allowed in the classroom in the first place. [read more]

November 19, 2013 1

Workplace Harassment: Grab Your Dictionaries

Brian Hurd examines workplace harassment law and the Supreme Court's latest take on employer liability in Vance v. Ball State University. Vance is a victory for employers. [read more]

January 1, 2013 1

34 Years Later, Pregnant Women Continue to Face Discrimination at Work

Margaret Schmidt explores the Pregnant Workers Fairness Act currently on the Senate Floor and its implications on existing discrimination against pregnant women in the workplace. [read more]