Introduction -- Federal Equal Employment Opportunity law -- Quid pro quo harassment -- Same-sex harassment -- Remedies -- Liability of employers and supervisors for monetary damages -- Vicarious employer liability: the Ellerth/Faragher affirmative defense -- Sexual harassment in the schools -- Violence Against Women Act -- United States v. Lanier.
Since America’s founding, natural law principles play a critical role in the development of rights and human dignity. Commencing with the notion that rights are derived from a higher, metaphysical power over mere promulgation and human legislation, the natural law advocate sees law and human rights in the context of a more perpetual and perennial philosophy. Coupled with this is the view that natural law provides a series of undeniable precepts for human operations or a natural prescription for human life based on the natural order. Hence early court cases tend to emphasize the “natural” versus the unnatural and just as compellingly argue that the natural order, aligned with the eternal law, delivers a measure for human action. Earlier US Supreme Court cases often use this sort of language in granting or denying rights in certain human activity. As a result, a survey of some of the most significant landmark cases from the Supreme Court are assessed in Natural Law Jurisprudence in U.S. Supreme Court Cases since “Roe v. Wade” and, by implication, those cases which seem to disregard these fundamental principles, such as the slavery decisions, are highlighted.
Few issues seem able to polarise the nation as easily as affirmative action. The question of how, even whether, to rectify past discrimination in jobs, schools, and law against women and minorities is a perpetually vexing one. While some call for a quota system to set minimum percentages and numbers for minority positions, others say qualifications should take precedence over race when hiring an employee, admitting a student, or enforcing a law. Civil rights groups claim that specific quotas are often the only way to make up for systemic racism; those opposing such actions cite 'reverse racism' affecting whites. Recent federal, state, and local cases have challenged several affirmative action programs, particularly those involving school admissions. Decisions in Texas and Michigan, for example have struck down the use of racial standards in choosing which applicants to admit to universities. Bills have been introduced to eliminate affirmative action programs in many state legislatures, though there are some who want to 'mend, not end' affirmative action. Because this most crucial issue of race relations shows no signs of disappearing, the analysis in this book takes on added importance. Taking a look at affirmative action from a legal standpoint, the book addresses and assesses the history, current status, and future of affirmative action initiatives and programs. Such a study is much-needed in gathering information about a raging national debate.
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