Abstract

http://ssrn.com/abstract=2401056
 


 



Taking Seriously Title VII's 'Floor, Not a Ceiling' Invitation


Craig Gurian


Anti-Discrimination Center; Remapping Debate; Fordham Law School

February 25, 2014

Taking Seriously Title Vii's "Floor, Not a Ceiling" Invitation, in A Nation of Widening Opportunities? The Civil Rights Act at Fifty (Samuel Bagenstos and Ellen Katz, eds., University of Michigan Press 2014), Forthcoming

Abstract:     
Civil rights advocates have been insufficiently attentive to the promise of creative state and local legislating as the means by which to counteract the erosion of federal civil rights protections. The promise has not only a defensive component (trying to hold on to doctrine that the Supreme Court has been abandoning) but an offensive one as well (introducing more robust substantive and procedural provisions than Title VII has ever had). This paper examines a so-far successful attempt in New York City to implement a vision that proposed to "meld the broadest vision of social justice with the strongest law enforcement deterrent" (one that, for example, has removed the "severe or pervasive" hurdle to the prosecution of sexual harassment lawsuits). The paper, while recognizing that state and local action is no cure-all, goes on to identify several doctrinal areas that are particularly ripe for state and local legislative innovation.

Number of Pages in PDF File: 33

Keywords: civil rights, discrimination, employment, state remedies, Title VII

JEL Classification: J70, J71, J78

Accepted Paper Series





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Date posted: February 27, 2014  

Suggested Citation

Gurian, Craig, Taking Seriously Title VII's 'Floor, Not a Ceiling' Invitation (February 25, 2014). Taking Seriously Title Vii's "Floor, Not a Ceiling" Invitation, in A Nation of Widening Opportunities? The Civil Rights Act at Fifty (Samuel Bagenstos and Ellen Katz, eds., University of Michigan Press 2014), Forthcoming. Available at SSRN: http://ssrn.com/abstract=2401056

Contact Information

Craig Gurian (Contact Author)
Anti-Discrimination Center ( email )
1745 Broadway, 17th Floor
New York, NY 10019
United States
212-537-5824 (Phone)
HOME PAGE: http://www.antibiaslaw.com
Remapping Debate ( email )
1745 Broadway, 17th Floor
New York, NY 10019
United States
212-537-5824 (Phone)
HOME PAGE: http://www.remappingdebate.org
Fordham Law School ( email )
140 West 62nd Street
New York, NY 10023
United States
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