Tag: Title VII

Blameless Ignorance? The Ledbetter Act and Limitations Periods for Title VII Pay Discrimination Claims

Jeremy A. Weinberg

In Ledbetter v. Goodyear Tire & Rubber Co. a new act of discrimination occurred and a new limitations period arose each time an employer issued a paycheck to an employee that reflected… Read More »

Disparate Impact

Girardeau A. Spann -Georgetown University Law School

There has been a lot of talk about post-racialism since the 2008 election of Barack Obama as the first black President of the United States. Some have argued that the Obama election illustrates the evolution of the nation from its unfortunate racist past to a more admirable post-racial present in… Read More »

Ricci v. DeStefano: End of the Line or Just Another Turn on the Disparate Impact Road?

Charles A. Sullivan - Seton Hall Law School

Reports of the death of Title VII’s disparate impact theory of discrimination in the wake of Ricci v. DeStefanomay be exaggerated.  Widely praised and widely criticized in the newspapers and the blogosphere, Ricci is the latest, but not the last, chapter in a long-running feud between Congress and the Supreme Court regarding… Read More »

A Formal Model of Passive Discrimination

Jonah Gelbach & Lesley Wexler & Jonathan Klick

In this Editorial, we present a basic, one-period microeconomic model in which equilibrium occurs in both perfectly competitive labor markets and goods markets. This piece is a companion to our earlier Legal Workshop Editorial, Passive Discrimination, which was posted on June 22, 2009. Because all hypothesized workers are equally productive,… Read More »

Protect Us, Lord, from Title VII: A Response to Gelbach, Klick, and Wexler

Richard A. Epstein - New York University Law School

In their recent article, Passive Discrimination, Jonah Gelbach, Jonathan Klick, and Lesley Wexler (hereafter “GKW”) offer yet another way to pile additional liabilities on hapless employers for race or sex discrimination under Title VII of the Civil Rights Act of 1964. Their article is ingenious because it identifies a mechanism—previously discussed… Read More »

Passive Discrimination

Jonah Gelbach & Lesley Wexler & Jonathan Klick

In this Editorial, we present a distinct mechanism of employer discrimination largely ignored by scholars and regulators alike.  What we term “passive discrimination” involves an employer’s use of wage and benefits packages that exploit observed, systematic group-level preference heterogeneity in order to induce worker sorting such that members of a… Read More »

Heterosexuality and Title VII

Zachary A. Kramer - Dickinson School of Law (Penn. State)

Dawn Dawson was an outsider among outsiders.  A self-described gender-nonconforming lesbian woman, Dawson worked as a hair assistant and stylist trainee at Bumble & Bumble, a high-end salon in New York City.  Her coworkers at the salon were an eclectic mix of outsiders, and the salon management encouraged its employees to… Read More »

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