Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-8kt4b Total loading time: 0 Render date: 2024-07-01T11:17:53.875Z Has data issue: false hasContentIssue false

1 - Introduction

Published online by Cambridge University Press:  01 October 2020

Ann C. McGinley
Affiliation:
University of Nevada, Las Vegas
Nicole Buonocore Porter
Affiliation:
University of Toledo, Ohio
Get access

Summary

Chapter 1 demonstrates that employment discrimination law is not neutral or objective, favoring employers’ interests over those of employees as victims. It introduces fifteen US federal cases, rewritten using feminist perspectives and techniques, as well as only information available at the time of the original opinions. Commentaries accompany each opinion, explaining differences from the original and differences the rewritten opinion would have made to employment discrimination law. The chapter summarizes these cases and argues that the opinions, as rewritten: better narrate victims’ stories; improve the law around proving discrimination; diminish appearance regulation and encourage diversity in workplaces; eliminate the “double bind”; recognize LGBTQ+ rights in the workplace; prevent sex- and gender-based harassment; offer insight into intersectional approaches; and recognize the implicit bias and stereotypes that cause discrimination. This chapter also briefly examines the issues in employment discrimination law that this book does not discuss in depth, such as age and disability discrimination, predispute arbitration clauses, and discrimination by religious employers.

Type
Chapter
Information
Feminist Judgments
Rewritten Employment Discrimination Opinions
, pp. 1 - 29
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×