Title IX, a landmark federal statute enacted in 1972 to prohibit sex discrimination in education, has worked its way into American culture as few other laws have. It is an iconic law, the subject of ...web blogs and T-shirt slogans, and is widely credited with opening the doors to the massive numbers of girls and women now participating in competitive sports. Yet few people fully understand the law's requirements, or the extent to which it has succeeded in challenging the gender norms that have circumscribed women's opportunities as athletes and their place in society more generally.In this first legal analysis of Title IX, Deborah L. Brake assesses the statute's successes and failures. While the statute has created tremendous gains for female athletes, not only raising the visibility and cultural acceptance of women in sports, but also creating social bonds for women, positive body images, and leadership roles, the disparities in funding between men's and women's sports have remained remarkably resilient. At the same time, female athletes continue to receive less prestige and support than their male counterparts, which in turn filters into the arena of professional sports. Brake provides a richer understanding and appreciation of what Title IX has accomplished, while taking a critical look at the places where the law has fallen short. A unique contribution to the literature on Title IX, Getting in the Game fully explores the theory, policy choices, successes, and limitations of this historic law.
In its first significant pregnancy discrimination case in nearly a quarter century, the Supreme Court issued a decision in 2015 in 'Young v United Parcel Service, Inc.' that cuts against the grain of ...entrenched employment discrimination doctrine. The starting point for employment discrimination law generally proceeds from a sharp divide between the disparate impact and disparate treatment theories of discrimination. Disparate treatment claims are characterized by courts' requirement that plaintiffs bear the burden of establishing that the employer acted with discriminatory intent, rigid reliance on proof frameworks to frame the discriminatory inquiry, and insistence on a strict proximity between comparators when discriminatory intent is inferred from differential treatment. These features of employment discrimination cut across the various protected classes enumerated in Title VII of the 'Civil Rights Act of 1964' and the dominant federal statutes with employment discrimination protections modeled on Title VII, such as the 'Age Discrimination in Employment Act' (ADEA) and the 'Americans with Disabilities Act' (ADA).
The early case law carved out a benefit-burden distinction that, at best, protected only those pregnant women who could work unencumbered by pregnancy, effectively protecting workers from being ...punished for the status of pregnancy but not the effects.19 Even Phillips v. Martin Marietta Corp.,20 an important early victory challenging discrimination against mothers, was still a limited win. Since the plaintiff had challenged a policy facially discriminating between women and men with young children, the Court did not require a similarly situated comparator in order to establish the violation,21 a hurdle which now confronts plaintiffs in the absence of what courts recognize as facially discriminatory policies.22 In vacating the Court of https://verdict.justia.com/2015/03/31/forceps-delivery-the-supreme-court-narrowly-saves-the-pregnancy-discrimination-act-in-young-v-ups, Appeals' reading of Title VII, which would have upheld Martin Marietta's policy, the Court vindicated the rights of mothers to work on the same terms as men with young children.23 It did nothing to ease the conflicts that parents of young children face in the workplace-conflicts that still disproportionately burden women.24 The Court went on to opine that the differential treatment of mothers might meet the statutory bona fide occupational qualification ("BFOQ") defense if the employer proved that the child care conflicts of its female employees impaired their work performance more than those of its male workers.25 Into this morass entered the PDA.
Until recently, devoting a chapter in a book about Title IX and sports to the topic of pregnancy would be unexpected, to say the least.¹ Sports and pregnancy are two topics that have not often ...appeared in the same sentence. And yet, Title IX’s treatment of pregnancy reveals much about the law’s approach to sex equality and the difficulties of and possibilities for restructuring the institution of sport to suit women’s needs.
The issues facing athletes who become pregnant have long been neglected in Title IX discourse, although pregnancy has been a focal point in other areas of sex equality
Established in 1684, over a century before the Commonwealth,
Pennsylvania's Supreme Court is the oldest appellate court in North
America. This balanced, comprehensive history of the Court examines
...over three centuries of legal proceedings and cases before the
body, the controversies and conflicts with which it dealt, and the
impact of its decisions and of the case law its justices
created
Introduced by constitutional scholar Ken Gormley, this volume
describes the Supreme Court's structure and powers and focuses at
length on the Court's work in deciding notable cases of
constitutional law, civil rights, torts, criminal law, labor law,
and administrative law. Through three sections, "The Structure and
Powers of the Supreme Court," "Decisional Law of the Supreme
Court," and "Reporting Supreme Court Decisions," the contributors
address the many ways in which the Court and its justices have
shaped life and law in Pennsylvania and beyond. They consider how
it has adjudicated new and complex issues arising from some of the
most notable events and tragedies in American history, including
the struggle for religious liberty in colonial Pennsylvania, the
Revolutionary War, slavery, the Johnstown Flood, the Homestead
Steel Strike and other labor conflicts, both World Wars, and, more
recently, the dramatic rise of criminal procedural rights and the
expansion of tort law.
Featuring an afterword by Chief Justice Saylor and essays by
leading jurists, deans, law and history professors, and practicing
attorneys , this fair-minded assessment of the Court is
destined to become a criterion volume for lawmakers, scholars, and
anyone interested in legal history in the Keystone State and the
United States.
Established in 1684, over a century before the Commonwealth, Pennsylvania’s Supreme Court is the oldest appellate court in North America. This balanced, comprehensive history of the Court ...examines over three centuries of legal proceedings and cases before the body, the controversies and conflicts with which it dealt, and the impact of its decisions and of the case law its justices created
Introduced by constitutional scholar Ken Gormley, this volume describes the Supreme Court’s structure and powers and focuses at length on the Court’s work in deciding notable cases of constitutional law, civil rights, torts, criminal law, labor law, and administrative law. Through three sections, “The Structure and Powers of the Supreme Court,” “Decisional Law of the Supreme Court,” and “Reporting Supreme Court Decisions,” the contributors address the many ways in which the Court and its justices have shaped life and law in Pennsylvania and beyond. They consider how it has adjudicated new and complex issues arising from some of the most notable events and tragedies in American history, including the struggle for religious liberty in colonial Pennsylvania, the Revolutionary War, slavery, the Johnstown Flood, the Homestead Steel Strike and other labor conflicts, both World Wars, and, more recently, the dramatic rise of criminal procedural rights and the expansion of tort law.
Featuring an afterword by Chief Justice Saylor and essays by leading jurists, deans, law and history professors, and practicing attorneys , this fair-minded assessment of the Court is destined to become a criterion volume for lawmakers, scholars, and anyone interested in legal history in the Keystone State and the United States.
According to one author, reviewing the literature on pregnancy discrimination, "almost half of all working women in western countries have experienced tangible discrimination on this basis, such as ...being denied training opportunities, changes to job descriptions, criticism of their performance or appearance, reduced working hours and dismissal without good reason after the announcement of pregnancy. ...while the PDA still offers some protection from animus-based discrimination, it has become increasingly unhelpful to those women whose pregnancies are most likely to harm their economic security.
Masculinities and the Law McGinley, Ann C; Cooper, Frank Rudy; Kimmel, Michael
08/2012, Letnik:
13
eBook
According to masculinities theory, masculinity is not a biological imperative but a social construction. Men engage in a constant struggle with other men to prove their masculinity.Masculinities and ...the Lawdevelops a multidimensional approach. It sees categories of identity - including various forms of raced, classed, and sex-oriented masculinities - as operating simultaneously and creating different effects in different contexts. By applying multidimensional masculinities theory to law, this cutting-edge collection both expands the field of masculinities and develops new thinking about important issues in feminist and critical race theories. The topics covered include how norms of masculinity influence the behavior of policemen, firefighters, and international soldiers on television and in the real world; employment discrimination against masculine cocktail waitresses and all transgendered employees; the legal treatment of fathers in the U.S. and the ways unauthorized migrant fathers use the dangers of border crossing to boost their masculine esteem; how Title IX fails to curtail the masculinity of sport; the racist assumptions behind the prison rape debate; the surprising roots of homophobia in Jamaican dancehall music; and the contradictions of the legal debate over women veiling in Turkey. Ultimately, the book argues that multidimensional masculinities theory can change how law is interpreted and applied.
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