Employment Law

Hernandez v. New York vs. Hively v. Ivy Tech Community College

Hernandez v. New York, 500 U.S. 352 (1991)·853 F.3d 339 (7th Cir. 2017)

Comparative analysis of Hernandez v. New York and Hively v. Ivy Tech Community College: similarities, differences, and exam strategy for Employment Law.

Comparative Essay

Hernandez v. New York and Hively v. Ivy Tech Community College illustrate pivotal intersections in employment law, particularly concerning discrimination and juror bias. In Hernandez, the Supreme Court examined the exclusion of jurors based on ethnicity, ruling that such decisions could be justified when grounded on legitimate, non-discriminatory reasons. Conversely, Hively addressed workplace discrimination, where the Seventh Circuit held that discrimination on the basis of sexual orientation constitutes a violation of Title VII of the Civil Rights Act, expanding workplace protections.

Despite their different focal points, both decisions underline an evolving understanding of discrimination in American law. They share a commitment to scrutinizing motives behind seemingly neutral employment practices—whether jury selection or workplace treatment—and highlight the critical importance of ensuring equality under the law.

On the other hand, the cases differ significantly in their implications and legal context. Hernandez directly relates to jury selection and the justice system's integrity, where pretextual exclusion of jurors based on race/ethnicity raises constitutional concerns, while Hively reflects ongoing changes in societal attitudes toward sexual orientation and a broader interpretation of anti-discrimination statutes. Furthermore, Hernandez centers on the balancing of individual rights against procedural standards in legal contexts, while Hively embodies a direct challenge to traditional interpretations of federal employment law protections.

Similarities
  • Both cases address issues of discrimination within legal frameworks.
  • Each case involves judicial scrutiny of motives behind employment-related decisions.
  • Both decisions reflect a shifting landscape of civil rights in the United States.
Differences
  • Hernandez focuses on juror exclusion based on race, while Hively deals with sexual orientation discrimination in employment.
  • The legal contexts differ: Hernandez deals with constitutional law, while Hively pertains to federal statutory law under Title VII.
  • Hernandez emphasizes the implications for jury integrity, whereas Hively concerns workplace equality and protection.
Exam Strategy

Cite Hernandez v. New York when discussing jury selection and issues of racial discrimination in the courtroom. Use Hively v. Ivy Tech Community College to frame arguments about protections against discrimination based on sexual orientation and broader interpretations of Title VII.

Synthesis

Together, Hernandez and Hively demonstrate the law's ongoing evolution in addressing discrimination, highlighting how societal changes impact judicial interpretations of both constitutional and statutory protections. They indicate a trend towards more inclusive definitions of discrimination that reflect contemporary values within the legal framework.

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