Abstract

http://ssrn.com/abstract=1835847
 


 



Disparate Impact's Impact: The Gender Violence Lens


Julie Goldscheid


CUNY School of Law

May 8, 2011

Oregon Law Review, Vol. 90, 2011

Abstract:     
Although disparate impact theory often is touted as an important remedy for workplace inequality, in practice, it is less frequently used. Nevertheless, it can be a meaningful remedy for gender violence survivors who are subjected to adverse employment actions, or termination, for reasons that may not appear gendered. An employee may argue that the action had an impermissible gender-based disparate impact due to the disproportionate number of survivors who are women. Consequently, disparate impact would seem a natural remedy. This article reviews infrequently explored interpretations that could limit the theory’s utility. It concludes that those limitations should not bar the theory’s use. Instead, disparate impact should offer an alternative remedy for the hidden role domestic and sexual violence plays in perpetuating women’s economic inequality.

Number of Pages in PDF File: 33

Keywords: discrimination, disparate impact, gender

Accepted Paper Series


Download This Paper

Date posted: May 10, 2011 ; Last revised: June 8, 2011

Suggested Citation

Goldscheid, Julie, Disparate Impact's Impact: The Gender Violence Lens (May 8, 2011). Oregon Law Review, Vol. 90, 2011. Available at SSRN: http://ssrn.com/abstract=1835847

Contact Information

Julie Goldscheid (Contact Author)
CUNY School of Law ( email )
2 Court Square Room 6-306
Long Island City, NY 11101
United States
718-340-4507 (Phone)
718-340-4275 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 253
Downloads: 31

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.266 seconds