Thu Aug 13 20:05:41 CDT 1998
I think this is an intriguing idea. Frank made some good suggestions.
Since I have nothing to lose by revealing my potential case ideas, I think
I will join in. Just a reminder: I don't work for any school, this is
not some secret hint into the thinking of NU, WFU, UGA or anyone else; I
have not discussed case ideas with anyone.
Anyway, here are my thoughts. Some of them may turn out to be
non-topical, but they are ideas nonetheless. I got them all from law
reviews I glanced at. If anyone wants a cite, I'm happy to provide it in
backchannel, but I'm too lazy to include them all tonight.
1. extend title vii to include gender based/race based hate crimes
2. apply title vii to transsexuals
3. extend title vii to small businesses
4. extend title vii to "older women"
5. eliminate BFOQ (bona fide occupational qualification) for women
6. ban mandatory arbitration
7. protect Latinos/Asian Americans for being fired for their
8. take the court cases from the end of last term (you don't need to have
suffered an impact from quid pro quo harassment to sue for it and
employers can duck liability by having a working system of dealing with
complaints in place) and turn them into legislation
9. increase the statute of limitations
10. eliminate the EEOC portion of the process for filing a claim against
11. remove damage caps
12. allow claims for hostile work env't based on single events
13. include pregnancy discrimination as a form of gender discrimination
14. apply title vii to gender stereotyping
I hope this is helpful and that others play along.
"I think Mulder is the worst FBI agent in the world. He spends millions
of dollars investigating these paranormal phenomena and never comes up
with any evidence. He's the Kenneth Starr of the FBI." --David Duchovny
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