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Neutrality

Kimberly A. Yuracko

in Gender Nonconformity and the Law

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300125856
eISBN:
9780300217858
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300125856.003.0003
Subject:
Law, Human Rights and Immigration

This chapter explores both the power and the limitations of neutrality arguments in the context of sex discrimination law. It explains why courts have never equated sex equality with formal sex ... More


Status

Kimberly A. Yuracko

in Gender Nonconformity and the Law

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300125856
eISBN:
9780300217858
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300125856.003.0005
Subject:
Law, Human Rights and Immigration

This chapter explores the focus on status, as opposed to conduct, in American antidiscrimination law. It argues that an expanding conception of gender as status is driving the current protection of ... More


Expressive Freedom: A Short Discussion of a Value That Is Not There

Kimberly A. Yuracko

in Gender Nonconformity and the Law

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300125856
eISBN:
9780300217858
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300125856.003.0007
Subject:
Law, Human Rights and Immigration

This chapter explores the extent to which courts’ expanding protection for gender nonconformists in the workplace reflects, as judicial rhetoric often suggests, a judicial commitment to freedom of ... More


Trading Places: The 1960s and 1970s

Nancy Woloch

in A Class by Herself: Protective Laws for Women Workers, 1890s-1990s

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691002590
eISBN:
9781400866366
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691002590.003.0008
Subject:
History, American History: 20th Century

This chapter focuses on the rise of feminism in the 1960s and the downfall of single-sex protective laws. Protection's downfall rested not on the Equal Employment Opportunities Commission (EEOC), but ... More


Opening Up the Workplace: The Title VII Campaign

Richard A. Rosen and Joseph Mosnier

in Julius Chambers: A Life in the Legal Struggle for Civil Rights

Published in print:
2016
Published Online:
May 2017
ISBN:
9781469628547
eISBN:
9781469628561
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469628547.003.0011
Subject:
History, African-American History

This chapter describes the contributions of Julius Chambers and his partners, most particularly Robert Belton, to the LDF's national litigation campaign to enforce Title VII of the Civil Rights Act ... More


The Case Law: Expanding Protection

Kimberly A. Yuracko

in Gender Nonconformity and the Law

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300125856
eISBN:
9780300217858
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300125856.003.0002
Subject:
Law, Human Rights and Immigration

This chapter charts the remarkable course and expansion of Title VII’s prohibition on sex discrimination. It follows the path of this exclusively judge-made expansion of law from the Supreme Court’s ... More


Exemptions from the Discrimination Laws Granted to Religious Organizations

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0013
Subject:
Business and Management, HRM / IR

This chapter examines the Title VII exemptions from discrimination that are granted to religious organizations. The Civil Rights Act of 1964 exempts religious organizations from much of Title VII's ... More


Antisubordination

Kimberly A. Yuracko

in Gender Nonconformity and the Law

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300125856
eISBN:
9780300217858
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300125856.003.0004
Subject:
Law, Human Rights and Immigration

This chapter examines the ways in which antisubordination concerns augment those about the need for neutrality in contemporary antidiscrimination jurisprudence. It explains how antisubordination ... More


Religious Discrimination and the Civil Rights Act of 1964

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0004
Subject:
Business and Management, HRM / IR

This chapter examines the provisions of Title VII of the Civil Rights Act of 1964 that provide workers with basic protections against acts of religious discrimination. Title VII prohibits religious ... More


Conclusion: The Future of Masculinities

Ann C. McGinley

in Masculinity at Work: Employment Discrimination through a Different Lens

Published in print:
2016
Published Online:
January 2017
ISBN:
9780814796139
eISBN:
9780814764329
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814796139.003.0011
Subject:
Law, Employment Law

This chapter explains that the book combines masculinities research with feminist legal theory, critical race theory, and intersectionality and multidimensionality theories to enhance understanding ... More


Wising Up in the Workplace: Modern Antidiscrimination Law and Its Application

Jennifer Ann Drobac

in Sexual Exploitation of Teenagers: "Adolescent Development, Discrimination, and Consent Law"

Published in print:
2016
Published Online:
September 2016
ISBN:
9780226301013
eISBN:
9780226301150
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226301150.003.0007
Subject:
Law, Criminal Law and Criminology

Chapter 7 evaluates the efficacy of modern antidiscrimination law. It explains how Title VII of the 1964 Civil Rights Act never contemplated juvenile workers. State fair employment practices statutes ... More


Sexual Harassment and the First Amendment

Robert Post

in Directions in Sexual Harassment Law

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300098006
eISBN:
9780300135305
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300098006.003.0024
Subject:
Law, Employment Law

This chapter discusses the growing apprehension of possible tensions between the First Amendment and Title VII's prohibition of sexual harassment. The issue was the subject of a panel discussion at ... More


Flight Attendants and Queer Civil Rights

Phil Tiemeyer

in Plane Queer: "Labor, Sexuality, and AIDS in the History of Male Flight Attendants"

Published in print:
2013
Published Online:
September 2016
ISBN:
9780520274761
eISBN:
9780520955301
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520274761.003.0005
Subject:
History, American History: 20th Century

Chapter 4 examines how plaintiff Celio Diaz successfully used Title VII of the 1964 Civil Rights Act to reverse the airlines’ female-only hiring practices. Diaz’s legacy affirms that queer Americans ... More


General Principles of Accommodation

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0016
Subject:
Business and Management, HRM / IR

This chapter examines the general principles that underlie an employer's duty to reasonably accommodate the religious beliefs and practices of its employees. Title VII originally did not provide for ... More


Religious Discrimination and Retaliation

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0019
Subject:
Business and Management, HRM / IR

This chapter examines how the law protects employees from acts of employer retaliation when they are engaged in exercising the rights granted them by Title VII. Employers have a tendency to react ... More


Gender Nonconformity and the Law

Kimberly A Yuracko

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300125856
eISBN:
9780300217858
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300125856.001.0001
Subject:
Law, Human Rights and Immigration

Sex discrimination in employment has been prohibited by federal law since the passage of the Civil Rights Act of 1964. When the Act was passed, its target was clear. It sought to end women’s ... More


Chapter Two Neutrality

Kimberly A. Yuracko

in Gender Nonconformity and the Law

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300125856
eISBN:
9780300217858
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300125856.003.0003
Subject:
Law, Human Rights and Immigration

This chapter explores both the power and the limitations of neutrality arguments in the context of sex discrimination law. It explains why courts have never equated sex equality with formal sex ... More


Masculinity at Work: Employment Discrimination through a Different Lens

Ann C. McGinley

Published in print:
2016
Published Online:
January 2017
ISBN:
9780814796139
eISBN:
9780814764329
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814796139.001.0001
Subject:
Law, Employment Law

Masculinity at Work is a theoretical disposition and a practical guide for lawyers and judges on the interpretation of sex and race discrimination cases. It argues that fact finders should consider ... More


Theories of Harassment “Because of Sex”

William N. Eskridge Jr.

in Directions in Sexual Harassment Law

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300098006
eISBN:
9780300135305
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300098006.003.0012
Subject:
Law, Employment Law

This chapter discusses the limits of Title VII, in particular, where it “draws the line” between impermissible workplace sexual harassment and permissible, even if squalid, misconduct. The statute ... More


Religion and the Law in the Workplace of the Future

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0021
Subject:
Business and Management, HRM / IR

This chapter reflects on issues arising from the practice of religion in the workplace and how to resolve them. Employers and employees will confront complex issues that typically occur in the ... More


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