This article focuses on the study of masculinities, a body of theoretical and empirical work by sociologists, feminist theorists and organization management theorists. This work, much of which employment law scholars have ignored, studies the role of masculinities, which are often invisible, in...

The Supreme Court has recognized that Congress enacted the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400-1482 (IDEA) to ensure that children with disabilities have available to them a Free Appropriate Public Education that emphasizes special education and related services...

In this Essay I reply to Professor David Gregory and Paul Secunda's comments about my principal article, Sprint/United Management Co. vs. Mendelsohn: The Supreme Court Appears To Have Punted On The Admissibility of Me Too Evidence Of Discrimination. But Did it? 102 Nw. U. L. Rev. 264 (2008)....

This paper documents that the employment of Asian Americans with no college education has been especially hard hit by the economic crisis associated with the Covid-19 pandemic. This cannot be explained by differences in demographics or in job characteristics, and the pattern does not apply to...

Researchers have used audit studies to provide causal evidence of racial discrimination for nearly sixty years. While audits are excellent methodological tools to investigate the “what,” “where,” and “when” aspects of racial/ethnic discrimination, they are less appropriate, by...

The increasing presence of women in upper echelon positions draws attention to the possible effects of executive gender on corporate decisions and actions. In this study, we formulate theory about the impact of CFO gender on financial misreporting to generate two key insights. First, we...

Online correspondence audit studies have emerged as the primary method to examine racial discrimination. Although audits use distinctive names to signal race, few studies scientifically examine data regarding the perception of race from names. Different names treated as black or white may be...

This article investigates misclassification and antidiscrimination. Misclassification is employers' practice of classifying workers as independent contractors whom the law would categorize as employees. Misclassified workers are exempt from most federal antidiscrimination statutes, unless they...

Precedent from the Roberts Court shows the Justices taking three distinct approaches to precedent they dislike. Each provides a template for the Court to criticize race-based affirmative action in higher education, as Fisher v. University of Texas at Austin is widely expected to do. Most...

This Essay briefly considers both the current and optimal role of privacy in employment discrimination jurisprudence. The recently passed Genetic Information Nondiscrimination Act (GINA) is illustrative of one way to value privacy through employment discrimination mandates. In particular, GINA...