Feminist Judgments Rewritten Employment Discrimination Opinions Feminist Judgment Series: Rewritten Judicial Opinions Series

How would feminist perspectives and analytical methods change the interpretation of employment discrimination law? Would the conscious use of feminist perspectives make a difference? This volume shows the difference feminist analysis can make to the interpretation of employment discrimination statutes. This book brings together a group of scholars and lawyers to rewrite fifteen employment discrimination decisions in which a feminist analysis would have changed the outcome or the courts' reasoning. It demonstrates that use of feminist perspectives and methodologies, if adopted by the courts, would have made a significant difference in employment discrimination law, leading to a fairer and more egalitarian workplace, and a more prosperous society.

1. Introduction Ann C. McGinley and Nicole Buonocore Porter; 2: Supreme Court and gender narratives Desert Palace, Inc. v. Costa, 539 U.S. 90 (2003) Commentary: Naomi M. Mann Judgment: Anne Mullins; 3. Pregnancy discrimination Int'l Union, UAW v. Johnson Controls, 499 U.S. 187 (1991) Commentary: Wynter Allen Judgment: Marcia McCormick, Young v. United Parcel Service, Inc., 135 S.Ct. 1338 (2015) Commentary: Bradley Areheart Judgment: Deborah Widiss; 4. Appearances – intersectional approaches Jespersen v. Harrah's Operating Co., 444 F.3d 1104 (9th Cir. 2006) (en banc) Commentary: Roxanna Bell Judgment: Angela Onwuachi-Willig and JoAnne Sweeney, E.E.O.C. v. Catastrophe Management Solutions, 852 F. 3d 1018 (11th Cir. 2016) Commentary: Jaspir (Jesse) Bawa Judgment: D. Wendy Greene, Webb v. City of Philadelphia, 562 F.3d 256 (3d Cir. 2009) Commentary: Sahar Aziz Judgment: Valorie Vojdik; 5. Harassment because of sex Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986) (opinion reproduced from Feminist Judgments) Commentary: Trina Jones Judgment: Angela Onwuachi-Willig, Oncale v. Sundowner Services, 523 U.S. 75 (1998) (opinion reproduced from Feminist Judgments) Commentary: Nancy E. Dowd Judgment: Ann C. McGinley; 6. Sexual orientation and gender identity discrimination as sex discrimination Etsitty v. Utah Transit Authority, 502 F.3d 1215 (10th Cir. 2007) Commentary: Pamela Wilkins Judgment: Catherine Archibald, Hively v. Ivy Tech Community College, 853 F.3d 339 (7th Cir. 2017) (en banc) Commentary: Danielle D. Weatherby Judgment: Ryan H. Nelson; 7. Systemic claims and gender: proving disparate treatment and impact AFSCME v. State of Washington, 770 F.2d 1401 (9th Cir. 1985) Commentary: Stephanie Bornstein Judgment: Teresa Godwin Phelps, E.E.O.C. v. Sears, Roebuck & Co., 839 F.2d 302 (7th Cir. 1988) Commentary: Maria Ontiveros Judgment: Leticia Saucedo, Ricci v. DeStefano, 557 U.S. 557 (2009) Commentary: Rebecca K. Lee Judgment: Marley Weiss, Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011) Commentary: Charles Sullivan Judgment: Tristin Green; 8. Retaliation Clark County School District v. Breeden, 532 U.S. 268 (2001) Commentary: Rebecca Hanner White Judgment: Michael Z. Green.

Ann C. McGinley is William S. Boyd Professor of Law and Co-Director of the Workplace Law Program at Boyd School of Law, University of Nevada, Las Vegas. She writes about the intersection of race, gender, masculinities, and employment discrimination law. Author of Masculinity at Work: Employment Discrimination through a Different Lens (2016) and co-editor of Masculinities and the Law: A Multidimensional Approach (2012), McGinley applies masculinities theory to advocate new interpretations of employment law.
Nicole Buonocore Porter is Associate Dean for Academic Affairs and Professor of Law at University of Toledo College of Law. She writes about the employment rights of women and individuals with disabilities, concentrating on exploring ways that the law can avoid marginalizing both groups of employees. She is the co-author of two casebooks and one treatise. In 2018, she won a university-wide award for outstanding researcher.