This Article describes a form of discrimination – called non-determinative discrimination – that involves types of conduct that are not covered by current doctrine but that should be protected in order to serve the purposes of the laws against discrimination. It addresses the issue of mixed-motive discrimination and anticipates (and provides a framework for) the hostile environment claims of the 1990s
The term discriminate, in itself, simply means to make distinctions or discern differences. In that ...
What counts as discrimination? Sometimes an event has to be a deliberate act of hate before it is de...
This Article focuses on two muddled and contested areas of sex discrimination case law - the first d...
This Article describes a form of discrimination – called non-determinative discrimination – that inv...
In the background are two claims that I want to put on the table. First, although it may be wrong fo...
This Article suggests that the Court\u27s current confusion derives in part from its failure to dist...
Part I of this Article offers several justifications for providing remedies for present harms that a...
In this article, I hope to contribute to the ongoing debate on how our society treats the problem of...
In debates about the permissibility of certain kinds of differential treatment, our judgments often ...
Contemporary discrimination law is in crisis, both methodologically and conceptually. The crisis ari...
The Limits of Equality – Wishing for Discrimination? Yifat Bitton Abstract The article focuses on th...
We may mean very different things when we say that an actor (the putative defendant in a lawsuit des...
In the 1970s, federal courts began identifying categories of discrimination, such as disparate impac...
Is there any basis for a de minimis exception to our employment discrimination laws? This Article su...
Substantial confusion exists among lawyers, litigants and the courts about how to identify and prove...
The term discriminate, in itself, simply means to make distinctions or discern differences. In that ...
What counts as discrimination? Sometimes an event has to be a deliberate act of hate before it is de...
This Article focuses on two muddled and contested areas of sex discrimination case law - the first d...
This Article describes a form of discrimination – called non-determinative discrimination – that inv...
In the background are two claims that I want to put on the table. First, although it may be wrong fo...
This Article suggests that the Court\u27s current confusion derives in part from its failure to dist...
Part I of this Article offers several justifications for providing remedies for present harms that a...
In this article, I hope to contribute to the ongoing debate on how our society treats the problem of...
In debates about the permissibility of certain kinds of differential treatment, our judgments often ...
Contemporary discrimination law is in crisis, both methodologically and conceptually. The crisis ari...
The Limits of Equality – Wishing for Discrimination? Yifat Bitton Abstract The article focuses on th...
We may mean very different things when we say that an actor (the putative defendant in a lawsuit des...
In the 1970s, federal courts began identifying categories of discrimination, such as disparate impac...
Is there any basis for a de minimis exception to our employment discrimination laws? This Article su...
Substantial confusion exists among lawyers, litigants and the courts about how to identify and prove...
The term discriminate, in itself, simply means to make distinctions or discern differences. In that ...
What counts as discrimination? Sometimes an event has to be a deliberate act of hate before it is de...
This Article focuses on two muddled and contested areas of sex discrimination case law - the first d...