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Caribbeanomics: Assessing the Effectiveness of U.S. Foreign Aid in the English-speaking Caribbean
Get PDFInclusion Riders and Diversity Mandates
Get PDFIn this piece, I situate these sorts of diversity requests within the broader context of other customer/client preferences that implicate Title VII. To be sure, the “inclusion riders” are not literal customer/client requests, but rather requests from celebrities who are themselves being hired by the employer for a specific project. Broadly speaking, however, they raise the same legal issue regarding third-party preferences that implicate protected characteristics under Title VII.
As a starting point, the general rule within employment discrimination law is that customer preferences cannot justify discriminatory treatment by employers. That baseline has led courts to rule that employers cannot, for instance, hire only female flight attendants on grounds that people prefer to be served by women, or accommodate racist customers\u27 requests for white employees. However, there are certain openings within federal employment discrimination law for some customer/client preferences, in some situations, to provide successful defenses to what would otherwise likely be actionable discrimination. In a recent article, I provided a taxonomy of those preferences, which I deem the “preferred preferences.” Such preferences include (1) aesthetic appeal; (2) physical privacy from employees of the opposite sex; (3) psychological comfort/affinity with employees of the same sex; (4) an English-speaking environment; (5) the desire not to be proselytized to/feel judged; and (6) convenience. As I noted there, an open question is whether diversity itself may become a seventh preferred preference to which courts will defer.
This piece addresses that specific question. First, I describe the broader context of “preferred preferences” within Title VII. Second, I explore how the diversity preference does--and does not--fit into that landscape, and how it connects up with affirmative action doctrine. I conclude with some suggestions about the best ways for employers to respond to the growing diversity preference
Climate Displaced Peoples: Utilizing Regional Approaches to Combat Climate-Induced Displacement in the 21st Century
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Parenting from a County Jail: Parenting from Beyond the Bars. Issues in Mental Health Nursing
No full textThe incarceration of mothers affects 1.7 million minor children who are at high risk of behavioral problems, emotional trauma, and future incarceration. The jail setting removes women from society for brief periods of time providing an opportunity to offer essential interventions for those who will be returning to the community, and possibly their children, rather quickly. Utilizing a pre- and post-test quasi-experimental design, we measured the self-reported treatment effects for female inmates, housed in a county jail in the New York metropolitan area, who completed an evidence-based parenting program. Program participants reported reduced depression, increased parental knowledge, and increased communication with their families and fellow inmates. The results indicated that alternative ways of measuring program success are needed – particularly for populations who present with long histories of criminal justice involvement and drug use