Category Archives: Discrimination

Daniel Schwarcz, ‘Towards A Civil Rights Approach To Insurance Anti-Discrimination Law’

ABSTRACT Discrimination is fundamental to the business of auto and homeowners insurance. Yet state insurance law does remarkably little to police against the risk that this discrimination will unfairly harm minority or low-income communities. Not only do state insurance regulators completely ignore the prospect that facially-neutral insurance practices might disparately impact vulnerable populations, but they […]

Blair Druhan Bullock, ‘Uncovering Harassment Retaliation’

ABSTRACT As the #MeToo movement has exposed, workplace harassment is prevalent, underreporting likely contributes to its prevalence, and fears of retaliation underlie underreporting. Thus, the cycle of harassment continues. Yet we still know very little about the prevalence of retaliation or how employers respond to harassment. This Article highlights retaliation following workplace harassment as a […]

Cathy Sherry, ‘Does Discrimination Law Apply To Residential Strata Schemes?’

ABSTRACT Although strata title legislation is over 50 years old, a number of important questions about its intersection with other areas of law remain unanswered. One such question is whether discrimination law applies to residential strata schemes. Discrimination law was enacted to ensure all citizens’ equal civic participation, and although it regulates both private citizens […]

Goran Dominioni, ‘Biased Damages Awards: Gender and Race Discrimination in Tort Trials’

ABSTRACT Current US tort law incentivizes potential tortfeasors to target members of underprivileged social groups by using gender and race-based statistical tables life expectancy; work-life expectancy and average wage) to award damages. Legal scholars have long criticized this practice from the point of view of distributive justice but supported it on welfarist grounds. Recent research […]

‘The Real World’

Diane P Wood, Sexual Harassment Litigation with a Dose of Reality, 2019 University of Chicago Legal Forum 395 … Judge Wood is a beloved jurist and renowned civil-procedure expert. This makes her real-world take on the state of sexual harassment litigation a great read. Judge Wood reminds us that Title VII of the Civil Rights […]

Jeffrey Brown, ‘What Makes Disability Discrimination Wrong?’

INTRODUCTION … In this paper, I aim to connect the rich literature on what makes discrimination wrong to disability law and policy’s reasonable accommodation requirements. Specifically, I argue that disability discrimination, ie, a failure to provide reasonable accommodations, is wrongful when and because it violates the principles of relational equality. One vital concern for relational […]

Reagan Seidler, ‘The Economics Of Canadian Anti-Discrimination Laws’

ABSTRACT Prohibiting discrimination is a noble political statement. What does it mean as economic policy? Applying a neoclassical framework, the article examines how Canada’s human rights laws affect society and marginalized groups from a welfare perspective. The article offers several practical reforms to improve the efficiency of current laws such as uncapping damage awards, removing […]

Meyers and Hersch, ‘Employment Practices Liability Insurance and Ex Post Moral Hazard’

ABSTRACT Employment Practices Liability Insurance (EPLI) is a form of insurance that protects employers from claims of discrimination, harassment, retaliation, and wrongful termination. EPLI contracts as currently written often do not exclude intentional actions or payment of punitive damages, creating potentially severe moral hazard problems. We propose potential alterations that would hold employers accountable for […]

Lilach Lurie, ‘Should Age Discrimination Be an Integral Part of Employment Discrimination Law?’

ABSTRACT This Article argues that a universal approach to age discrimination promotes justice (including intergenerational justice) and efficiency. As explained herein, legal regimes regulate age discrimination in employment in various ways. While some regimes create specific anti–age discrimination legislation, others ban most kinds of employment discrimination, including age discrimination, in a general way. These latter […]

Guttel and Porat, ‘Tort Liability and the Risk of Discriminatory Government’

ABSTRACT When individuals and firms fail to invest in adequate care, the government often steps in, taking costly measures to restore safety or mitigate harm. Under such circumstances, a question arises as to whether the government can demand recovery for its costs. For many years, the answer has been negative; tort law has persistently refused […]