Category Archives: Discrimination

‘What to Do About Well-Grounded Fears?’

Blair Druhan Bullock, Uncovering Harassment Retaliation, Alabama Law Review (forthcoming, 2020), available at SSRN. Articles sometimes do an important service by exposing what seems obvious, but only in retrospect. Blair Druhan Bullock’s Uncovering Harassment Retaliation, forthcoming in the Alabama Law Review, does a great job of surfacing an issue that had previously received little attention […]

‘Heeding the Call of Those Harmed by Contractual Incapacity’

Sean M Scott, Contractual Incapacity and the Americans with Disabilities Act, 124 Dickinson Law Review 253 (2020) Inherent in contractual defenses such as infancy and mental incapacity is the goal of protection. In the case of infancy, contract law seeks to protect underage minors from themselves and from opportunistic adults who may attempt to take […]

Charles Barzun, ‘Catharine MacKinnon and the Common Law’

ABSTRACT Few scholars have influenced an area of law more profoundly than Catharine MacKinnon. In Sexual Harassment of Working Women (1979), MacKinnon virtually invented the law of sexual harassment by arguing that it constitutes a form of discrimination under Title VII of the Civil Rights Act of 1964. Her argument was in some ways quite […]

Sarah Court-Brown, ‘Is Lower Pay for Shared Parental Leave Discrimination? Ali v Capita Customer Management Ltd; Hextall v Chief Constable of Leicestershire Police

INTRODUCTION The issue considered by the Court of Appeal in the joined appeals of Ali v Capita and Hextall v The Chief Constable of Leicestershire Police was whether it was unlawful sex discrimination for an employer to pay a man taking shared parental leave less than a woman taking maternity leave. The Court of Appeal found […]

Nicole Buonocore Porter, ‘Relationships and Retaliation in the #MeToo Era’

ABSTRACT In this #MeToo era, so much important work is being done (and so many stories are being told and listened to), but very little of the work focuses on retaliation. And none of the work focuses on situations where the fear of retaliation is not necessarily job loss (although that certainly happens) but rather, […]

Alex Long, ‘Retaliation, Humiliation, and Extreme and Outrageous Conduct: IIED in the Workplace’

ABSTRACT Citing the need to preserve managerial discretion, courts frequently espouse the need to adopt an ‘especially strict approach’ in cases of intentional infliction of emotional distress (IIED) in the workplace. As a result, it is notoriously difficult for employees to prevail upon IIED claims against their employers. At the same time, a few courts […]

Camille Hebert, ‘How Sexual Harassment Law Failed its Feminist Roots’

ABSTRACT The dawn of sexual harassment law showed so much promise. But in spite of the hopefulness with which the legal recognition of sexual harassment was greeted, the intervening years have shown that the law of sexual harassment has not lived up to its potential. Rather than creating a cause of action empowering women to […]

R George Wright, ‘Political Discrimination by Private Employers’

ABSTRACT In general, private employers are not legally prohibited from discriminating against current and prospective employees on the basis of political beliefs. But there are exceptions to this rule, within the United States and internationally. This Article examines the persuasiveness and limitations of this general rule and the exceptions, with special attention to our own […]

‘The Market as a Legal Construct’: special number of Law and Contemporary Problems

The Law of the Market (Hanoch Dagan, Avihay Dorfman, Roy Kreitner, and Daniel Markovits) The Key to Value: The Debate over Commensurability in Neoclassical and Credit Approaches to Money (Christine Desan) Employer Organization and the Law: American Exceptionalism in Comparative Perspective (Kathleen Thelen) Why Did Belgium Pay Leopold’s Bonds? (Kim Oosterlinck, Joseph Blocher, and Mitu […]

Jane Thomson, ‘Discrimination and the Private Law in Canada: Reflections on Spence v BMO Trust Co

ABSTRACT Discrimination has long been identified as detrimental to the basic functioning of multicultural countries like Canada. While governments have adopted constitutional law and passed human rights legislation to combat and control discrimination, these laws are inapplicable to a significant portion of Canadian law. Areas of private law, such as wills and trusts are therefore […]