Papers by Kingsley Browne
Divided labours: An evolutionary view of women at work
... 16 Page 25. CHAPTER 2 Sex Differences in Temperament Evolutionary theory predicts that men wi... more ... 16 Page 25. CHAPTER 2 Sex Differences in Temperament Evolutionary theory predicts that men will exhibit greater status-seeking, competitiveness, and nsk-taking than women, and that women will exhibit more nurtur-ing behaviour. ...
The disjunction between evolutionary psychology and sex-discrimination law and policy
Evolution and Human Behavior
The Evolutionary Psychology of Sexual Harassment
Evolutionary Forensic Psychology, 2008
Rutgers L. Rev., 1994
Law School. I would like to thank Joseph Grano for helpful comments on a draft of this article.
Evolutionary Psychology and the Workplace: Implications of Evolved Sex Differences
PsycEXTRA Dataset, 2004
Biology at Work
Rutgers University Press eBooks, May 29, 2020
6. The Gender Gap in Compensation
Rutgers University Press eBooks, Dec 31, 2020
3. Sex Differences in Cognitive Abilities
Rutgers University Press eBooks, Dec 31, 2020
Academic Questions, Dec 1, 2001
R ecent well-publicized legal and political developments have cast a cloud over the explicit use ... more R ecent well-publicized legal and political developments have cast a cloud over the explicit use of race in admissions to undergraduate, graduate, and professional schools. Because of a widely shared perception that raceneutral application of traditional predictors of academic success would result in a substantial decrease in minority admissions, alternative criteria have been sought that would yield an acceptable measure of proportional representation by race. In Texas, California, and Florida, for example, grades, SAT scores, and judgments about the rigor of an applicant's high school curriculum have been subordinated to high-school class rank in university admissions decisions. In each of those states, admission to universities or university systems is guaranteed to students who graduate in the top portion-10 percent, 4 percent, and 20 percent, respectively-of their high school class. Where a high level of de facto residential segregation exists, class-rank policies virtually guarantee a racially diverse student body. The trend toward race-neutral policies adopted for their racial result ("raceneutral affirmative action") has been driven by the rigor of the legal standard applied to racial classifications. An explicitly race-based policy must satisfy the demanding "strict scrutiny" test; that is, the policy violates the Equal Protection Clause of the Fourteenth Amendment unless it furthers a "compelling" governmental interest and employs means that are "narrowly tailored" to serve that interest. The only compelling interest that the Court has so far identified for race-based preferences is to remedy past discrimination. Indeed, Justice O'Connor's four-Justice plurality opinion in City of Richmond v. J.A. Croson Co. declared that racial classifications must be "strictly reserved for remedial settings," 1 and Justice Scalia, who did not join Justice O'Connor's opinion, would have gone further and allow racial classifications only in response to "a social emergency rising to the level of imminent danger to life and limb." 2 The discrimination warranting remedial action is not an amorphous "societal discrimination," but rather discrimination by the state actor itself or "passive participation" by the state in the private discrimination of others. Although it is often asserted that the Court's decision in Regents of the University of California v. Bakke 3 authorized race-based preferences under a
Sexual Harassment
Oxford University Press eBooks, Jan 26, 2023
In Meritor Savings Bank, FSB v. Vinson,' the Supreme Court ruled that Title VII of the Civil Righ... more In Meritor Savings Bank, FSB v. Vinson,' the Supreme Court ruled that Title VII of the Civil Rights Act of 19642 prohibits sexual harassment of the "hostile environment" variety, stating that employees need not "run a gauntlet of sexual abuse in return for the privilege of being allowed to work." 3 The Court appeared to endorse the EEOC Guidelines, which describe sexual harassment as "verbal or physical conduct of a sexual nature [that] has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment." 4 Not all speech or conduct that might be labeled "harassment" is necessarily actionable, however; instead, the Court has said that in order to be actionable, harassment must be "sufficiently severe or pervasive 'to alter the conditions of [the victim's] employment and create an abusive working environment." 5 In Meritor and subsequent cases, 6 the Supreme Court has held that employers may, in some circumstances, avoid liability for harassment by adopting effective anti-harassment policies and taking reasonable corrective action against harassment that does occur. Much of the "conduct" that is complained of in harassment cases constitutes speech or other expression. Sexual jokes, sexual propositions, sexually explicit pictures or cartoons, and sexist remarkssuch as statements that women should not be doctors or police officersare common fare in sexual harassment cases. 7 Courts have held that no malicious intent is necessary on the part of the accused harasser, 8 and the Ninth Circuit has stated * Professor, Wayne State University Law School. The author would like to thank Bob Sedler for helpful comments on a draft of this article and for our many discussions of the issues discussed herein.
Law School. I would like to thank Joseph Grano for helpful comments on a draft of this article.
Denver Law Review, 1982
Writing for the Court, Justice Stewart stated that a valid cause of action was stated in paragrap... more Writing for the Court, Justice Stewart stated that a valid cause of action was stated in paragraph 2 because the indictment alleged that one of the means by which the objects of the conspiracy were achieved was "[b]y caus-2. 383 U.S. 745 (1966). 3. 18 U.S.C. § 241 (1976) states: Consp'racy against nghts of atizens. If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured-They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, they shall be subject to imprisonment for any term of years or for life. 4. 383 U.S. at 753. 5. Id at 757. [Vol. 59:3 mon law. ... II He did, however, state that there are a few rights protected against individual interference that have been read into the Constitution, such as rights against interferences with voting in federal elections, with federal law enforcement, and with communication with the federal government. An interesting feature of the Guest decision is that six members of the Court specifically stated that Congress has power under section 5 to reach 6. Id. at 756. 7. Id. at 761. 8. id at 762. 9. Id at 774. 10. Id at 762. 11. Id at 771. 1982) race or color."-d at 1271. 24. See generally Hohfeld, Some Fundamental Legal Conceptios as Appled to Judicial Reasoning,
Case Western Reserve law review, 1993
Congress has not commanded that the less qualified be preferred over the better qualified simply ... more Congress has not commanded that the less qualified be preferred over the better qualified simply because of minority origins. Far from disparaging job qualifications as such, Congress has made such qualifications the controlling factor, so that race, religion, nationality, and sex become irrelevant.' * Associate Professor of Law, Wayne State Umversity Law School. I would like to thank Joseph Grano, Michael McIntyre, Stephen Schulman, and Robert Sedler for thewr valuable comments on an earlier draft of tis article.
Berkeley Journal of Employment and Labor Law, 1986
Loyola of Los Angeles law review, 1989
I. INTRODUCTION Under the general principle of "comparable worth" or "pay equity," the amount of ... more I. INTRODUCTION Under the general principle of "comparable worth" or "pay equity," the amount of compensation paid should be the same for employees performing work requiring "comparable skill, effort and responsibility under similar working conditions."' In a recent article, Paul Weiler wrote that the issue of comparable worth has taken the place held by affirmative action in the 1970s as the most controversial civil rights issue of the decade. 2 While Professor Weiler's statement may be true, he and other commentators have failed to recognize that most comparable worth systems, properly understood, are simply a species of affirmative action. 3 Although comparable worth is not necessarily a form of affirmative action, many comparable worth plans are, because they establish sex pref
Social Science Research Network, 2005
When Harvard President Lawrence H. Summers suggested that innate sex differences might partially ... more When Harvard President Lawrence H. Summers suggested that innate sex differences might partially account for women's low levels of representation in certain scientific fields, 1 he provoked a torrent of outrage. One woman walked out claiming that his remarks caused her to feel physically ill, and another announced that she would no longer donate to Harvard. 2 Yet another critic commented that Summers had unleashed an "intellectual tsunami." 3 Unfortunately, the "intellectual tsunami" turned out to be an emotional one instead, and despite the nuanced and tentative nature of his suggestions, Dr. Summers apparently felt compelled, perhaps for institutional reasons, to retreat from the beach to avoid being engulfed in the maelstrom. He has apologized repeatedly and announced a new initiative to recruit women into the sciences. 4 Not one but two task forces have been created to figure out how to recruit more women, 5 and based upon the recommendations of these task forces he has pledged at least $50 million to increase faculty diversity. 6 A more fitting response might have been to convene a conference to study diversity in the sciences that actually considered all potential causes rather than blindly assuming that discrimination and sexist socialization are to blame for every unwelcome statistic. Such examination would disclose that the suggestion that Summers made so tentatively could legitimately have been stated with much greater force.
Social Science Research Network, 2012
The recommendation of the Military Leadership Diversity Commission to lift the exclusion of women... more The recommendation of the Military Leadership Diversity Commission to lift the exclusion of women from ground combat is deeply irresponsible and cannot be taken seriously. The Commission's lodestar was diversity, not military effectiveness, and it failed to take into consideration a wealth of information bearing on its recommendation.
Human Relations, May 1, 2001
Survey data from two samples of African-American students supported the hypothesis that the assoc... more Survey data from two samples of African-American students supported the hypothesis that the association between political ideology and attitudes toward affirmative action (AA) is moderated by the experience of workplace discrimination. Specifically, ideology was associated with support for AA, but only among individuals who had not experienced discrimination. Among these individuals, egalitarians, who view fairness in terms of group equality, were more supportive of AA than were individualists, who view fairness from the perspective of the individual. Conversely, among individuals who had experienced discrimination, ideology was not related to attitude toward AA: support was high and approximately equal regardless of ideology. Findings were interpreted in terms of Referent Cognitions Theory (Folger, 1986). K E Y W O R D S affirmative action attitudes discrimination egalitarianism ideology individualism racial discrimination Over the past 30 years, organizations have enacted affirmative action (AA) programs to remedy past discrimination and increase demographic diversity 5 6 1
Social Science Research Network, Sep 21, 2007
an out-of-control fraternity party from Animal House-a reputation not wholly undeserved-it also s... more an out-of-control fraternity party from Animal House-a reputation not wholly undeserved-it also served the more serious function of a professional association, including symposia on aviation issues and providing aviators the opportunity to mingle with their superiors. 4 The events for which the convention has come to be known were not themselves sponsored by the Association, but rather by individual members and their flight squadrons. In all, about 4,000 participants attended this Tailhook convention (the first since the military's dazzling success in the 1991 Gulf War), including thirty-two activeduty Navy admirals and Marine generals. 5 The story is a familiar one that has been told many times, often being embellished in the retelling. On Friday and Saturday of the convention, "hospitality suites" hosted by various flight squadrons were the scene of what can accurately be described as debauchery. 6 The activities included performances by female strippers, sexual interaction with these strippers, 7 drinking "belly/navel shots," 8 which entails men drinking alcohol out of women's navels, "butt biting" 9 and leg shaving, 10 which are what they sound like, and "ball walking," which consisted of fully clothed male officers walking around with their genitals exposed. 11 The activities spread into the third-floor hall linking the suites. The most infamous of the activities occurred on Saturday night. A "gauntlet" (or "gantlet")-a double line of male aviators, one on each side of the hallway-was set up, and those women who had the fortune or misfortune, depending upon their preferences, of finding themselves in the hallway were fondled and groped as they walked past the men.
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Papers by Kingsley Browne