Nicole B. Porter

University of Toledo College of Law

Professor of Law

2801 W. Bancroft Street

Toledo, OH 43606

United States

SCHOLARLY PAPERS

41

DOWNLOADS
Rank 14,990

SSRN RANKINGS

Top 14,990

in Total Papers Downloads

4,365

SSRN CITATIONS
Rank 33,144

SSRN RANKINGS

Top 33,144

in Total Papers Citations

13

CROSSREF CITATIONS

12

Scholarly Papers (41)

1.

Sex Plus Age Discrimination: Protecting Older Women Workers

Denver University Law Review, Vol. 81, p. 79, 2003
Number of pages: 35 Posted: 31 Jan 2007 Last Revised: 22 Feb 2009
Nicole B. Porter
University of Toledo College of Law
Downloads 584 (60,776)
Citation 2

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employment, discrimination, age, sex-plus, ageism, sexism

2.

A New Look at the ADA's Undue Hardship Defense

Missouri Law Review, Forthcoming
Number of pages: 41 Posted: 09 Feb 2019
Nicole B. Porter
University of Toledo College of Law
Downloads 315 (125,393)

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ADA, Disability, Reasonable Accommodation, Undue Hardship, Employment, Special Treatment Stigma, Withdrawn Accommodations, Cost

3.

Debunking the Market Myth in Pay Discrimination Cases

Georgetown Journal of Gender and the Law, Vol. 12, No. 2, 2011, University of Toledo Legal Studies Research Paper No. 2011-07
Number of pages: 54 Posted: 25 Jul 2011
Nicole B. Porter and Jessica R. Vartanian
University of Toledo College of Law and United States Courts
Downloads 304 (130,211)
Citation 1

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discrimination, pay gap, market, EPA

4.

Re-Defining Superwoman: An Essay on Overcoming the Maternal Wall in the Legal Workplace

Duke Journal of Gender Law & Policy, Vol. 13, p. 55, 2006
Number of pages: 31 Posted: 28 Jan 2007 Last Revised: 22 Feb 2009
Nicole B. Porter
University of Toledo College of Law
Downloads 256 (155,424)
Citation 1

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lawyers, discrimination, motherhood

5.

The New ADA Backlash

Tennessee Law Review, Forthcoming, University of Toledo Legal Studies Research Paper No. 2014-07
Number of pages: 67 Posted: 23 Feb 2014 Last Revised: 07 May 2014
Nicole B. Porter
University of Toledo College of Law
Downloads 249 (159,825)
Citation 1

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disability, ADA, reasonable accommodation, Amendments, ADAAA, discrimination, employment

6.

Marital Status Discrimination: A Proposal for Title Vii Protection

Wayne Law Review, Vol. 46, p. 1, 2000
Number of pages: 49 Posted: 31 Jan 2007 Last Revised: 22 Feb 2009
Nicole B. Porter
University of Toledo College of Law
Downloads 153 (247,671)
Citation 1

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marital status, discrimination, Title VII, employment, sex

7.

Martinizing Title I of the Americans with Disabilities Act

Georgia Law Review, Forthcoming, University of Toledo Legal Studies Research Paper No. 2012-27
Number of pages: 47 Posted: 18 Feb 2012 Last Revised: 12 Dec 2012
Nicole B. Porter
University of Toledo College of Law
Downloads 139 (267,577)
Citation 1

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disability, reasonable accommodation, employment, ADA

8.

The Perfect Compromise: Bridging the Gap between At-Will Employment and Just Cause

Nebraska Law Review, Forthcoming, University of Toledo Legal Studies Research Paper No. 09-06
Number of pages: 61 Posted: 13 Jun 2008
Nicole B. Porter
University of Toledo College of Law
Downloads 138 (269,127)

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employment, at-will, discrimination

9.

The Blame Game: How the Rhetoric of Choice Blames the Achievement Gap on Women

8 FIU L. Rev. 447, 2013, University of Toledo Legal Studies Research Paper No. 2014-01
Number of pages: 22 Posted: 12 Sep 2013 Last Revised: 30 Apr 2014
Nicole B. Porter
University of Toledo College of Law
Downloads 136 (272,178)

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10.

Withdrawn Accommodations

Drake Law Review, Vol. 63, No. 885, 2015, University of Toledo Legal Studies Research Paper No. 2015-15
Number of pages: 35 Posted: 05 Sep 2015
Nicole B. Porter
University of Toledo College of Law
Downloads 120 (298,771)

Abstract:

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disability, accommodation, ADA, employment, discrimination

11.

Reasonable Burdens: Resolving the Conflict between Disabled Employees and Their Co-Workers

Florida State University Law Review, Vol. 34, 2007
Number of pages: 51 Posted: 11 Jan 2007 Last Revised: 22 Feb 2009
Nicole B. Porter
University of Toledo College of Law
Downloads 120 (298,771)

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Disability, employment, discrimination, reasonable accommodation

12.

Why Care About Caregivers?: Using Communitarian Theory to Justify Protection of 'Real' Workers

Kansas Law Review, Vol. 58, No. 355, 2010, University of Toledo Legal Studies Research Paper No. 09-04
Number of pages: 61 Posted: 21 May 2009 Last Revised: 07 Jan 2010
Nicole B. Porter
University of Toledo College of Law
Downloads 118 (302,351)

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discrimination, communitarian, caregiving, gender

13.

Victimizing the Abused?: Is Termination the Solution When Domestic Violence Comes to Work?

Michigan Journal of Gender & Law, Vol. 12, p. 275, 2006
Number of pages: 57 Posted: 11 Jan 2007 Last Revised: 22 Feb 2009
Nicole B. Porter
University of Toledo College of Law
Downloads 105 (327,845)
Citation 1

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domestic violence, discrimination, workplace violence, direct threat, reasonable accommodation

14.

#MeToo and the Process That's Due: Sexual Misconduct Where We Live, Work, and Learn

University of Illinois Law Review, Forthcoming, University of Toledo Legal Studies Research Paper Forthcoming
Number of pages: 46 Posted: 27 Jan 2021 Last Revised: 26 Apr 2021
Nicole B. Porter
University of Toledo College of Law
Downloads 102 (334,151)

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harassment, #MeToo, Title VII, sexual assault, sexual misconduct, Title IX, criminal law, rape, due process, regulations, higher education, employment

15.

Mutual Marginalization: Individuals with Disabilities and Workers with Caregiving Responsibilities

Florida Law Review, Forthcoming, University of Toledo Legal Studies Research Paper No. 2013-09
Number of pages: 49 Posted: 12 Feb 2013 Last Revised: 18 Jun 2013
Nicole B. Porter
University of Toledo College of Law
Downloads 94 (352,300)
Citation 1

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disability, caregiving, discrimination, gender, workplace, employment, bias, stigma

16.

Women, Unions, and Negotiation

Nevada Law Journal, 2013, University of Toledo Legal Studies Research Paper No. 2013-01, U Denver Legal Studies Research Paper
Number of pages: 34 Posted: 06 Feb 2013
Nicole B. Porter
University of Toledo College of Law
Downloads 93 (354,739)

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women, discrimination, labor, unions, negotiation

17.

Choices, Bias, and the Value of the Paycheck Fairness Act: A Response Essay

29 ABA Journal of Labor & Employment Law 429 (2014), University of Toledo Legal Studies Research Paper No. 2015-05
Number of pages: 16 Posted: 09 Jan 2015
Nicole B. Porter
University of Toledo College of Law
Downloads 92 (357,119)

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pay, gender, sex, equality, choice, glass ceiling, discrimination, bias

18.

Finding a Fix for the FMLA: A New Perspective, a New Solution

Hofstra Labor and Employment Law Journal, Vol. 31, No. 327, 2014, University of Toledo Legal Studies Research Paper No. 2015-01
Number of pages: 39 Posted: 09 Jan 2015
Nicole B. Porter
University of Toledo College of Law
Downloads 90 (362,069)

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FMLA, gender, employment, sex, leave, ADA, disability, equality

19.

Embracing Caregiving and Respecting Choice: An Essay on the Debate Over Changing Gender Norms

Southwestern University Law Review, Vol. 41, No. 1, 2011, University of Toledo Legal Studies Research Paper No. 2012-06
Number of pages: 42 Posted: 18 Feb 2012
Nicole B. Porter
University of Toledo College of Law
Downloads 81 (385,940)

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caregiving, social norms, gender norms, work/family balance, employment

20.

Relieving (Most of) the Tension: A Review Essay of Samuel R. Bagenstos, Law & the Contradictions of the Disability Rights Movement

Cornell Journal of Law and Public Policy, Vol. 20, 2011, University of Toledo Legal Studies Research Paper No. 2011-06
Number of pages: 59 Posted: 02 Dec 2010 Last Revised: 28 Sep 2011
Nicole B. Porter
University of Toledo College of Law
Downloads 79 (391,594)

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disability, discrimination

21.

Disclaiming Disability

UC Davis Law Review, 2022 Forthcoming, University of Toledo Legal Studies Research Paper Forthcoming
Number of pages: 62 Posted: 09 Apr 2021 Last Revised: 06 Nov 2021
Nicole B. Porter
University of Toledo College of Law
Downloads 74 (406,358)

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disability, ADA, stigma, special treatment, employment, discrimination, social model, universal

22.

Special Treatment Stigma after the ADA Amendments Act

Pepperdine Law Review, Forthcoming, University of Toledo Legal Studies Research Paper No. 2015-08
Number of pages: 40 Posted: 21 Jan 2015 Last Revised: 12 Nov 2015
Nicole B. Porter
University of Toledo College of Law
Downloads 74 (406,358)
Citation 1

Abstract:

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disability, stigma, accommodation, discrimination, equality, special treatment, ADA, workplace, employers

23.

Explaining 'Not Disabled' Cases Ten Years After the ADAAA: A Story of Ignorance, Incompetence, and Possibly Animus

Georgetown Journal on Poverty Law Policy, Vol. 26, No. 383, 2019
Number of pages: 33 Posted: 20 Jun 2019
Nicole B. Porter
University of Toledo College of Law
Downloads 71 (415,596)

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24.

Relationships and Retaliation in the #MeToo Era

72 Florida Law Review 797 (2020), University of Toledo Legal Studies Research Paper
Number of pages: 43 Posted: 20 Oct 2019 Last Revised: 04 Sep 2020
Nicole B. Porter
University of Toledo College of Law
Downloads 65 (435,476)

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employment, Title VII, retaliation, discrimination, feminism, relationship, harassment, sexual harassment

25.

Ending Harassment By Starting with Retaliation

Stanford Law Review Online, Vol. 71, No. 49, 2018, University of Toledo Legal Studies Research Paper
Number of pages: 14 Posted: 04 Feb 2019 Last Revised: 09 Feb 2019
Nicole B. Porter
University of Toledo College of Law
Downloads 62 (445,924)

Abstract:

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harassment, employment, discrimination, women, retaliation

26.

Mothers with Disabilities

Berkeley Journal of Gender, Law & Justice, Vol. 33, No. 75, 2018, University of Toledo Legal Studies Research Paper No. 2018-
Number of pages: 37 Posted: 04 Feb 2019
Nicole B. Porter
University of Toledo College of Law
Downloads 62 (445,924)

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Discrimination, Disability, Family Law, ADA, Children, Workplace

27.

Synergistic Solutions: An Integrated Approach to Solving the Caregiver Conundrum for ‘Real’ Workers

Stetson Law Review, Vol. 39, p. 775, 2010, University of Toledo Legal Studies Research Paper No. 2010-06
Number of pages: 84 Posted: 07 Jan 2010 Last Revised: 17 Sep 2010
Nicole B. Porter
University of Toledo College of Law
Downloads 60 (453,027)

Abstract:

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discrimination, gender, caregiving, pregnancy, reform

28.

Cumulative Hardship

George Mason Law Review, Forthcoming
Number of pages: 55 Posted: 15 Sep 2017
Nicole B. Porter
University of Toledo College of Law
Downloads 58 (460,602)

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ADA, Accommodation, Disability, Employment, Undue Hardship, Reasonable Accommodation, Stigma

29.

Accommodating Pregnancy Five Years After Young v. UPS: Where We Are & Where We Should Go

14 St. Louis U. J. Health L. & Pol'y 73 (2020), University of Toledo Legal Studies Research Paper
Number of pages: 43 Posted: 30 Oct 2020 Last Revised: 07 Jul 2021
Nicole B. Porter
University of Toledo College of Law
Downloads 56 (468,056)

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Disability, Pregnancy, ADA, PDA, Employment, Discrimination, Accommodations

30.

Mixed Signals: What Can We Expect From the Supreme Court in This Post-ADA Amendments Act Era?

Touro Law Review, Forthcoming
Number of pages: 26 Posted: 09 Feb 2019
Nicole B. Porter
University of Toledo College of Law
Downloads 50 (492,066)

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Disability, Reasonable Accommodation, ADA, Americans With Disabilities Act, ADAAA, Discrimination, Supreme Court, IDEA, Education

31.

A Defining Moment: Why Achieving Positive Employment Outcomes for Individuals with Disabilities Requires a Universal Definition of Disability — A Review of Disability & Equity at Work

Employee Rights and Employment Policy Journal, Vol. 18, No. 289, 2015, University of Toledo Legal Studies Research Paper No. 2015-18
Number of pages: 43 Posted: 05 Sep 2015
Nicole B. Porter
University of Toledo College of Law
Downloads 46 (509,459)

Abstract:

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discrimination, employment, workplace, disability, universal

32.

Caregiver Conundrum Redux: The Entrenchment of Structural Norms

91 Denver University Law Review, 963 (2014), University of Toledo Legal Studies Research Paper No. 2015-12
Number of pages: 31 Posted: 28 Jan 2015 Last Revised: 12 Nov 2015
Nicole B. Porter
University of Toledo College of Law
Downloads 46 (509,459)

Abstract:

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discrimination, gender, sex, caregiving, accommodation, caregivers, workplace, employees, ADA

33.

What Disability Means to Me: When the Personal and Professional Collide

5 HLRe: Off the Record 119 (Houston Law Review's Online Companion), 2015, University of Toledo Legal Studies Research Paper No. 2015-13
Number of pages: 12 Posted: 21 Mar 2015
Nicole B. Porter
University of Toledo College of Law
Downloads 44 (518,452)

Abstract:

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disability, stigma, accommodation, discrimination, ADA

34.

Working while Mothering during the Pandemic and Beyond

78 Washington & Lee Law Review Online 1 (2021), University of Toledo Legal Studies Research Paper Forthcoming
Number of pages: 31 Posted: 16 Aug 2021
Nicole B. Porter
University of Toledo College of Law
Downloads 43 (523,105)

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pandemic, women, mothers, discrimination, telecommute, Title VII, FMLA, ADA, disability, accommodation

35.

Accommodating Everyone

Seton Hall Law Review, Vol. 47, No. 85, 2016
Number of pages: 53 Posted: 15 Sep 2017
Nicole B. Porter
University of Toledo College of Law
Downloads 42 (527,868)

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ADA, Gender, Disability, Care-giving, Accommodations, Structural Norms, Universal, Special Treatment, Stigma, Employees, Reasonable Accommodations

36.

An Ambitious Approach: A Review of Lifetime Disadvantage, Discrimination and the Gendered Workforce

Employee Rights and Employment Policy Journal, Vol. 22, No. 125, 2018, University of Toledo Legal Studies Research Paper
Number of pages: 32 Posted: 13 Feb 2019
Nicole B. Porter
University of Toledo College of Law
Downloads 39 (542,540)

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Gender, Employment, Discrimination, Pregnancy, Title VII, FMLA, Comparative Law

37.

A Proposal to Improve the Workplace Law Curriculum from a Corporate Compliance Perspective

St. Louis University Law Journal, Vol. 58, p. 155, 2013, University of Toledo Legal Studies Research Paper No. 2014-06
Number of pages: 55 Posted: 23 Feb 2014 Last Revised: 23 Nov 2014
Nicole B. Porter
University of Toledo College of Law
Downloads 37 (552,597)

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discrimination, pedagogy, labor law, workplace law, curriculum, transactional skills

38.

Disabling ADA Retaliation Claims

Nevada Law Journal, Forthcoming
Number of pages: 44 Posted: 21 Oct 2019
Nicole B. Porter
University of Toledo College of Law
Downloads 27 (609,619)

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disability, ADA, retaliation, employment, discrimination, empirical, study

39.

Adverse Employment Actions in Failure-to-Accommodate Claims: Much Ado About Nothing

NYU L. Rev. Online, 2019, University of Toledo Legal Studies Research Paper
Number of pages: 24 Posted: 23 Sep 2019
Nicole B. Porter
University of Toledo College of Law
Downloads 27 (609,619)

Abstract:

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disability, ADA, discrimination, reasonable accommodation, employment

40.

The Difficulty Accommodating Health Care Workers

9 Saint Louis University Journal of Health Law & Policy 1 (2015)
Number of pages: 19 Posted: 15 Sep 2017
Nicole B. Porter
University of Toledo College of Law
Downloads 11 (726,142)
Citation 3

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Disability, ADA, Reasonable Accommodations, Employment, Discrimination, Health Care, Workers, Stigma, Special Treatment, ADA Amendments Act

41.

Feminist Perspectives on Bostock v. Clayton County

Connecticut Law Review Online, Vol. 53, No. 1, 2020
Number of pages: 20 Posted: 18 Nov 2021
University of Detroit Mercy School of Law, University of Nevada, Las Vegas, William S. Boyd School of Law, University of Toledo College of Law, University of Arkansas - School of Law, South Texas College of Law Houston and Mercer University - Walter F. George School of Law
Downloads 3 (790,268)

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Equal Protection, LGBTQ+, transgender, gay, lesbian, bisexual, queer, sexual orientation discrimination, transgender discrimination