Home | Author/Section results
Cail, Jared T., and Tracy Wang, Sexuality and Transgender Issues in Employment Law. 9 Georgetown J. Gender & L. 855-879 (2008).
An unusual aspect to this review article of federal Title VII as well as state cases is the inclusion as Part III a discussion of the Solomon Amendment that withholds federal funding from schools that deny access to military recruiters (see Rumsfeld v. FAIR, 547 U.S. 47 (2006)). Given the exceptional status of the military, the decision to include this material here among "ordinary" employers can be questioned. Nevertheless, like the other articles in this special issue, the material is succinct, offering a good broad sweep of the field especially helpful to nonspecialists.
More on: Employment, Rumsfeld
Newman, Mari, Workplace Discrimination on the Basis of Sexual Orientation or Gender Identity. 35 Colo. Law 63-68 (2006).Written as a guide for Colorado practitioners who represent gay, lesbian, bisexual or transgender clients, with workplace discrimination claims, this article presents legal strategies which may be used in support of such claims (not necessarily limited to Colorado). Strategies explored include gender non-conformance, Title VII retaliation, same-sex harassment, local non-discrimination ordinances, and wrongful discharge in violation of public policy. The article was presented by the Colorado Bar Association Labor and Employment Law Section.
More on: employment, Newman, non-discrimination ordinance
Tulin, Edward L., Where Everything Old is New Again—Enduring Episodic Discrimination Against Homosexual Persons. 84 Tex. L. Rev. 1587-1632 (2006).An exploration of the history of discrimination against homosexuals, this article also warns of history’s nature of repeating itself. The author begins with discrimination against homosexuals in the Progressive Era (1886-1915), then shifts to the Cold War Era (1946-1961), in which homosexuals faced “unprecedented discrimination in the name of national security.” After laying the historical groundwork, the author demonstrates how all of the old arguments used to justify discrimination against homosexuals (particularly those of familial sanctity) have been revived. The author explains that we are witnessing this re-emergence of discrimination as a backlash in the wake of Lawrence v. Texas, and subsequent legal victories.
More on: discrimination, Lawrence, Tulin
