In this chapter, we unpack "intersectionality as an analytical framework." First, we cite Black Lives Matter as an impetus for discussing intersectionality's current traction. Second, we review the genealogy of "intersectionality" beginning with Kimberlé Crenshaw's formulation, which brought a Black Studies provocation into…

Challenges confront lesbian, gay, bisexual, queer, and transgender public school teachers or those who are perceived as such or who desire to be open about their sexual orientations or gender identities or expression. Teachers who do not conform to gender and sexual orientation norms currently are and historically have been the subject of…

This article provides a critical analysis of microaggressions and anti-discrimination law in academia. There are many challenges for faculty claiming discrimination under current civil rights laws. Examples of microaggressions that fall outside of anti-discrimination law will be provided. Traditional legal analysis of discrimination will not end…

An emerging area of law is developing regarding sex/gender identity discrimination, also referred to as transgender discrimination, as distinguished from discrimination based on sexual orientation. A transgendered individual is defined as "a person who has a gender-identity disorder which is a persistent discomfort about one?s assigned sex or…

Comparable worth is a concept not merely alien but also inferior to the traditions of the American people. The thesis that jobs of "comparable worth" demand pay equivalency--at least as between male-dominated and female-dominated occupations--is unworthy of serious attention in both legal and economic terms. The consequences of accepting…

Legal protection against employment discrimination is being provided for handicapped workers through the Vocational Rehabilitation Act of 1973 along with individual State laws. Successful affirmative action programs will require careful attention by rehabilitation professionals to guarantee proper utilization of the skills of the handicapped…

Describes the evolution of "race-norming," or "within-group scoring," the practice by which job candidates' scores on employment tests are reported relative to comparison groups of their own race or ethnicity. Contends that race-norming fosters group rather than individual rights and perpetuates the inequality it intends to…

An examination was made of the evidentiary problems that exist in using a disparate impact theory to challenge the subjective criteria many organizations use to hire, promote, or dismiss upper-level professional and managerial employees. Although subjective criteria occur at all levels of employment, they are especially prevalent when dealing with…