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107 Part III Sharpening Disparate Treatment and Disparate Impact Claims Part II discussed the use of multidimensional masculinities theory to aid courts in evaluating hostile work environment claims. This part discusses the use of multidimensional masculinities theory to illuminate disparate treatment and disparate impact claims under Title VII. The courts have made clear that Title VII is not a remedy for socially unacceptable behavior unless it is motivated by the plaintiff’s membership in one of the protected classes or a neutral policy has a disparate effect on members of a protected class. Courts have consistently protested that they do not act as “super personnel committees” and that Title VII is not a “general civility code.” In other words, Title VII does not prohibit bad behavior or bullying in a workplace that is not related to the victim’s membership in a protected class. As a result, the courts’ efforts focus on distinguishing bullying or legal discrimination from illegal discrimination, and the law of Title VII is inextricably intertwined with a number of complicated court-­ created proof structures to determine whether the discrimination occurred because of the alleged victim’s race, color, national origin, sex, or religion. Chapters 5 through 8 examine the most common structures used to prove violations of Title VII, identify the problems in the courts’ application of these structures, and discuss how masculinities research can aid in interpreting and proving Title VII violations under the disparate treatment and disparate impact theories of discrimination. Chapter 5 explains the development and the methods of proving disparate treatment and disparate impact proof mechanisms under Title VII. Chapter 6 addresses proving intent—­ a particularly thorny question arising in disparate treatment cases. Chapters 7 and 8 analyze how an understanding of masculinities theory can aid in the interpretation of disparate treatment and disparate impact claims under Title VII and other antidiscrimination statutes. This page intentionally left blank ...


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MARC Record
Launched on MUSE
Open Access
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