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Sexual Exploitation of Teenagers"Adolescent Development, Discrimination, and Consent Law"$
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Jennifer Ann Drobac

Print publication date: 2016

Print ISBN-13: 9780226301013

Published to Chicago Scholarship Online: September 2016

DOI: 10.7208/chicago/9780226301150.001.0001

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Wising Up in the Workplace

Wising Up in the Workplace

Modern Antidiscrimination Law and Its Application

Chapter:
(p.139) Chapter Seven Wising Up in the Workplace
Source:
Sexual Exploitation of Teenagers
Author(s):

Jennifer Ann Drobac

Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226301150.003.0007

Chapter 7 evaluates the efficacy of modern antidiscrimination law. It explains how Title VII of the 1964 Civil Rights Act never contemplated juvenile workers. State fair employment practices statutes (FEPS) that often mirror Title VII also fail to address working minors. Under almost all of these statutes, a target’s consent to sex insulates the employer from liability. Because federal and state laws do not account for teen behavior, they prompt odd results in civil courts when jurists conflate adolescent developmental capacity with legal capacity and actual “consent” with legal consent. Antidiscrimination laws, originally implemented to foster equality, now must redress the intersectional biases, power imbalances, and corrupting manipulations of adults who target teenagers. This chapter examines public policy and the application of workplace antidiscrimination law. In particular, Chapter 7 examines the decision in one teenage male’s case to trace how and why the law fails to protect American adolescents adequately.

Keywords:   Title VII, state fair employment practice statutes, affirmative defense, antidiscrimination law, consent, capacity, comparative fault, unwelcomeness

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