AuthorTitleCitationSummaryYear
William B. Gould THE SUPREME COURT'S LABOR AND EMPLOYMENT DOCKET IN THE 1980 TERM: JUSTICE BRENNAN'S TERM 53 University of Colorado Law Review 1 (Fall, 1981) C1-2CONTENTS I. NLRB Unfair Labor Practice Cases A. Employer Has No Duty to Bargain Over the Decision to Close Partially Its Business.. 5 L1-2 First National Maintenance Corp. v. NLRB B. Union Economic Pressure to Compel Employer to Contribute to a Pension or Welfare Fund: Trustees are not Collective Bargaining Representatives.. 18 L1-2 NLRB v.... 1981
Bernard H. Friedman TITLE IX DOES NOT APPLY TO FACULTY EMPLOYMENT 1981 Duke Law Journal 566 (June, 1981) Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in any educational program or activity receiving federal financial assistance. In 1975 the Department of Health, Education, and Welfare (HEW) promulgated regulations implementing Title IX. Subpart E of these regulations, entitled Discrimination on the Basis... 1981
  TITLE VII AND CONGRESSIONAL EMPLOYEES: THE "CHILLING EFFECT" AND THE SPEECH OR DEBATE CLAUSE 90 Yale Law Journal 1458 (May, 1981) Protection from discrimination in employment on the basis of race, creed, sex, and place of national origin is a fundamental national policy of constitutional dimension. Congress, however, has consistently exempted itself from its own fair employment laws, gaining for itself a reputation as the nation's last plantation. Extension to congressional... 1981
  ELIMINATING SEX DISCRIMINATION IN EDUCATIONAL INSTITUTIONS: DOES TITLE IX REACH EMPLOYMENT? 129 University of Pennsylvania Law Review 417 (December, 1980) Title IX of the Education Amendments of 1972 was among the many remedial measures enacted by the Ninety-second Congress to address congressional concerns about gender-based discrimination. Title IX prohibits discrimination on the basis of sex in educational programs or activities receiving federal financial assistance. Each agency distributing... 1980
Kimberley A. Bieter THE EMPLOYMENT INTEREST AND AN IRRATIONAL APPLICATION OF THE RATIONALITY TEST: NEW YORK CITY TRANSIT AUTHORITY v. BEAZER 51 University of Colorado Law Review 641 (Summer, 1980) In New York City Transit Authority v. Beazer the United States Supreme Court addressed the issue of whether methadone users constitutionally may be denied employment. The case concerned the Transit Authority's enforcement of a general policy of not employing persons who use narcotic drugs. While that policy was successfully challenged in the lower... 1980
Robert Brousseau TOWARD A THEORY OF RIGHTS FOR THE EMPLOYMENT RELATION 56 Washington Law Review 1 (December, 1980) Recent cases from the several corners of labor law leave the impression that there exists in this important branch of the law some confusion as to the nature of the rights and obligations which it treats. There is a clear tendency to deal with the myriad cases ad hoc, in accordance with principles and prejudices drawn from the general jurisprudence... 1980
Jonathan B. Schwartz COMMERCIAL TREATIES AND THE AMERICAN CIVIL RIGHTS LAWS: THE CASE OF JAPANESE EMPLOYERS 31 Stanford Law Review 947 (May, 1979) Two cases currently in federal district court pose an entirely novel question for American civil rights law. The plaintiffs in both cases allege that Japanese-owned companies doing business in the United States have violated the American civil rights laws by discriminating impermissibly in choosing their managerial staff to work in the United... 1979
  THE COST OF GROWING OLD: BUSINESS NECESSITY AND THE AGE DISCRIMINATION IN EMPLOYMENT ACT 88 Yale Law Journal 565 (January, 1979) In passing the Age Discrimination in Employment Act (ADEA), Congress resolved to promote and protect the rights of older workers, including their right not to be discharged on the basis of age. Securing this right may require employer expenditures, just as employers have elsewhere been forced to bear additional costs in order to further the... 1979
Elaine W. Shoben DIFFERENTIAL PASS-FAIL RATES IN EMPLOYMENT TESTING: STATISTICAL PROOF UNDER TITLE VII 91 Harvard Law Review 793 (February, 1978) In this Comment, Professor Shoben advocates the use of a statistical techniquea test of the difference between independent proportionsto assess the substantiality of differences in pass rates among various groups on employment tests, in order to facilitate determination of disproportionate impact under title VII of the Civil Rights Act of 1964.... 1978
Lieutenant Colonel George M. Nakano, USAF EQUAL EMPLOYMENT OPPORTUNITY CIVIL SUITS: AN ANALYSIS OF THEIR IMPACT 20 Air Force Law Review 119 (1978) There is an easy rule to know upon a sudden, whether the action 1 be to do, be against the law of nature of not: and it is but this, That a man imagine himself in the place of the parly with whom he hath to do, and reciprocally him in his; which is not more but a changing (as it were) of the scales. For every man's passion weigheth heavy in his own... 1978
John P. Dean TITLE VII AND PUBLIC EMPLOYERS: DID CONGRESS EXCEED ITS POWERS? 78 Columbia Law Review 372 (March, 1978) Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of race, religion, sex or national origin by most employers engaged in industries affecting interstate commerce. It provides remedies for persons who have been victims of such discrimination, and allows the federal government to take action against... 1978
Elaine W. Shoben PROBING THE DISCRIMINATORY EFFECTS OF EMPLOYEE SELECTION PROCEDURES WITH DISPARATE IMPACT ANALYSIS UNDER TITLE VII 56 Texas Law Review 1 (December, 1977) Last term the Supreme Court handed down three decisions in which it defined with some precision the proper use of statistics in Title VII cases. Those decisions filled a void that had existed since Griggs v. Duke Power Co., but they left some questions unanswered. In this article Professor Shoben discusses those decisions and addresses the issues... 1977
  DAMAGES FOR FEDERAL EMPLOYMENT DISCRIMINATION: SECTION 1981 AND QUALIFIED EXECUTIVE IMMUNITY 85 Yale Law Journal 518 (March, 1976) For over a decade, Congress has sought to eliminate racial discrimination in employment. The effort began with the passage of Title VII of the Civil Rights Act of 1964, aimed at private employment discrimination. In 1972, Congress amended Title VII with the Equal Employment Opportunity Act. Section 717, added by that Act, extended Title VII to... 1976
Nicholas G. Miller INSURANCE FOR EX-OFFENDER EMPLOYEES: A PROPOSAL 28 Stanford Law Review 333 (January, 1976) Released criminal offenders consistently have difficulty obtaining the employment that is vital to their successful reintegration into society. This hardship emanates partially from simple employer reluctance to hire persons with criminal records. While the causes of this discrimination are not altogether certain, fear of monetary loss is clearly a... 1976
Ray Guy ADMINISTRATIVE LAW 53 Texas Law Review 1509 (November, 1975) Federal civilian employee Helen Bowers pursued her complaint of racial discrimination by her supervisors through all available administrative levels losing at each stagebefore bringing suit in a federal district court. Bowers invoked federal jurisdiction under 42 U.S.C. ยง 1981, the corresponding jurisdictional statutes, and the judicial review... 1975
  BEYOND THE PRIMA FACIE CASE IN EMPLOYMENT DISCRIMINATION LAW: STATISTICAL PROOF AND REBUTTAL 89 Harvard Law Review 387 (December, 1975) Reliance upon statistical methods of proof is common in discrimination suits. In the field of employment discrimination, for example, the demonstration of a disparity between a minority's presence in the pool qualified for a position and its representation in the group selected for that position has been a critical step in the establishment of a... 1975
Stephen F. Lazor JURY TRIAL IN EMPLOYMENT DISCRIMINATION CASES-CONSTITUTIONALLY MANDATED? 53 Texas Law Review 483 (March, 1975) In increasing numbers, the victims of racially discriminatory employment practices invoke federal jurisdiction to redress violations of their civil rights. Claimants predicate their suits on Title VII of the Civil Rights Act of 1964, on a statutory derivative of the Civil Rights Act of 1866, and, when the requisite state action is involved, on a... 1975
Howard F. Fine PLANT SENIORITY AND MINORITY EMPLOYEES: TITLE VII'S EFFECT ON LAYOFFS 47 University of Colorado Law Review 73 (Fall, 1975) Deteriorating economic conditions necessitating large-scale cutbacks in the workforce illumine for the first time a clash between the national dedication to minority rights articulated in the civil rights acts and the traditional attachment to seniority systems held inviolable by American workers. The controversy calls into question the... 1975
  LABOR LAW--PROTECTED ACTIVITY--CONCERTED ACTIVITIES TO ACHIEVE RACIALLY NONDISCRIMINATORY EMPLOYMENT CONDITIONS ARE PROTECTED BY THE NLRA EVEN THOUGH UNAUTHORIZED BY THE UNION 87 Harvard Law Review 656 (January, 1974) In April 1968, several black employees of the Emporium, a San Francisco department store, complained to their union representative that management was discriminating against racial minorities in its promotion policies. After discussions with the Emporium and an investigation of the charges, the union concluded that the store had been acting... 1974
William B. Gould THE SEATTLE BUILDING TRADES ORDER: THE FIRST COMPREHENSIVE RELIEF AGAINST EMPLOYMENT DISCRIMINATION IN THE CONSTRUCTION INDUSTRY 26 Stanford Law Review 773 (April, 1974) Mr. Tobin: Total membership in the Union (Plumbers' Union No. 12, in Boston) . is approximately 1,200 working on building construction. Rev. Drinan: And the minority membership is what? Mr. Tobin: Eleven apprentices and two journeymen. Rev. Drinan: How does that compare with ten or fifteen years ago? Mr. Tobin: Excellent. In other words,... 1974
William J. Isaacson , William C. Zifchak AGENCY DEFERRAL TO PRIVATE ARBITRATION OF EMPLOYMENT DISPUTES 73 Columbia Law Review 1383 (November, 1973) C1-3Table of Contents Introduction. 1383 I. Development of the Deferral Doctrine Through Collyer. 1385 A. The Triumph of Arbitration in the Courts. 1385 B. The NLRB and the Precursors of Collyer. 1387 C. The Collyer Decision. 1390 II. Development of the Deferral Doctrine Since Collyer. 1392 A. Applications of the Collyer Doctrine. 1393 1.... 1973
Judith Bartnoff TITLE VII AND EMPLOYMENT DISCRIMINATION IN "UPPER LEVEL" JOBS 73 Columbia Law Review 1614 (December, 1973) Title VII of the Civil Rights Act of 1964 has proved a powerful weapon against employment discrimination because of race, color, religion, sex or national origin. It has provided a basis for successful attacks upon a number of once-common discriminatory employment practices. But nearly all such litigation to date has focused on discrimination in... 1973
  CIVIL RIGHTS - EMPLOYMENT DISCRIMINATION - COMPANY RULE CALLING FOR DISCHARGE AFTER SEVERAL WAGE GARNISHMENTS DISCRIMINATES AGAINST BLACK EMPLOYEES IN VIOLATION OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. - JOHNSON v. PIKE CORP. OF AMERICA, 332 F.SUPP. 85 Harvard Law Review 1482 (May, 1972) Last term in Griggs v. Duke Power Co., the Supreme Court sanctioned the use of Title VII of the 1964 Civil Rights Act to prohibit employment practices which disproportionately limited the opportunities of minority group members, even when the employer had no intent to discriminate. In Johnson v. Pike Corp. of America, Judge Ferguson, by a... 1972
  EMPLOYMENT TESTING: THE AFTERMATH OF GRIGGS V. DUKE POWER COMPANY 72 Columbia Law Review 900 (May, 1972) The growing importance of testing in America has been well documented. Long used to determine educational opportunities, tests are now used increasingly to determine occupational opportunities as well. Ability tests so utilized often decide who will be hired, transferred, or promoted for jobs ranging from menial to high executive. Various levels of... 1972
Herbert N. Bernhardt GRIGGS V. DUKE POWER CO.: THE IMPLICATIONS FOR PRIVATE AND PUBLIC EMPLOYERS 50 Texas Law Review 901 (May, 1972) Social scientists have long been aware of the potential for racial discrimination in the standardized tests widely used to screen job applicants. Last term, the Supreme Court took a broad swipe at these tests in Griggs v. Duke Power Co., outlawing those not strictly designed to predict job success. Professor Bernhardt discusses some of the... 1972
George R. Bedell CIVIL RIGHTS 49 Texas Law Review 141 (December, 1970) Plaintiff, a Negro, was hired by Litton Systems, Inc., as a sheet metal mechanic. Before beginning work, plaintiff was required to complete an information form, in which he disclosed that, although never convicted of a crime, he had been arrested fourteen times for nontraffic offenses. Pursuant to its policy of not hiring any applicant who had been... 1970
Antonia H. Chayes , Christopher L. Kaufman , Raymond L. Wheeler, Jr. THE UNIVERSITY'S ROLE IN PROMOTING MINORITY GROUP EMPLOYMENT IN THE CONSTRUCTION INDUSTRY 119 University of Pennsylvania Law Review 91 (November, 1970) Guaranteeing equal employment opportunity in federally created jobs has traditionally been at the forefront of the Government's attack on nationwide racial discrimination. This emphasis reflects the Government's ostensibly great ability to change patterns of employment where the sanction of withholding federal funds is available. A series of... 1970
  III. STANDARDIZED EMPLOYMENT TESTS 82 Harvard Law Review 1637 (June, 1969) Standardized employment tests play a major role in American industry. Employers rely on tests to determine who will be hired, who will be promoted, and who will be assigned the most desirable jobs. Sometimes the tests are used on a competitive basis: an available position goes to the highest scorer of a group. More often tests are used to determine... 1969
George Cooper , Richard B. Sobol SENIORITY AND TESTING UNDER FAIR EMPLOYMENT LAWS: A GENERAL APPROACH TO OBJECTIVE CRITERIA OF HIRING AND PROMOTION 82 Harvard Law Review 1598 (June, 1969) An employer's use of test scores and seniority rules to govern hiring, promotion, layoffs, and transfers can significantly disadvantage members of minority groups, who have often been prevented by past discrimination from earning seniority or acquiring test-taking skills. The authors maintain that when this is the case, use of tests and seniority... 1969
Captain James T. Austin THE STAFF JUDGE ADVOCATE AND NONDISCRIMINATION IN AIR FORCE EMPLOYMENT PRACTICES 11 Air Force Law Review 285 (Summer, 1969) In a recent memorandum to all the civilian employees of the Department of Defense, the former Secretary of Defense, Clark M. Clifford, stated: I wish to reaffirm that the principle of equal employment opportunity without regard to race, creed, color or national origin, must and will continue to command total support throughout the Department of... 1969
  LEGAL IMPLICATIONS OF THE USE OF STANDARDIZED ABILITY TESTS IN EMPLOYMENT AND EDUCATION 68 Columbia Law Review 691 (April, 1968) The average American adult under thirty years of age does not need to be told how important tests are in his life. If he grew up in the New York City school system, for example, he was given a minimum of nineteen different standardized tests between grades one and nineat least one test each year. After that he took New York State Regents... 1968
Louis H. Pollak, Dean and Professor of Law, Yale University LEGAL RESTRAINTS ON RACIAL DISCRIMINATION IN EMPLOYMENT 67 Columbia Law Review 1180 (June, 1967) In 1945, in Supplement One to The American Language, Mencken devoted a number of pages to cataloguing and analyzing the plethora of pejoratives with which Americans (white and black) have verbalized the Negro's outcast state. At the close of his discussion Mencken drew attention to a curious euphemism for Negro, apparently originating in the... 1967
Sanford Jay Rosen LEGAL RESTRAINTS ON RACIAL DISCRIMINATION IN EMPLOYMENT. BY MICHAEL I. SOVERN. NEW YORK: THE TWENTIETH CENTURY FUND. 1966. PP. IX, 270, 54 (NOTES). $6.00. 81 Harvard Law Review 276 (November, 1967) Professor Sovern's study, five years in preparation, has been well worth the wait. Addressed principally to the concerned layman, the practitioner, and the government official, this book also satisfies much of the demand for a truly scholarly work in the field of employment discrimination. After defining the problem and tracing a brief history of... 1967
Pauli Murray LEGAL RESTRAINTS ON RACIAL DISCRIMINATION IN EMPLOYMENT 45 Texas Law Review 390 (December, 1966) Racial discrimination in employment, a major civil-rights issue since the beginning of World War II, has been a strong motivating factor of numerous protest demonstrations in the 1960's. It contributes heavily to chronic joblessness and poverty among Negroes and to the continued unrest which explodes into violent racial disturbances. Against a... 1966
  EMPLOYEE CHOICE AND SOME PROBLEMS OF RACE AND REMEDIES IN REPRESENTATION CAMPAIGNS 72 Yale Law Journal 1243 (May, 1963) The National Labor Relations Board in its zeal to ensure a reasoned choice by employees in representation elections has created a distinction between emotional and rational campaign propaganda on the subject of race. While a closer consideration of the requirements of a free choice suggests that this distinction is not a tenable one, other... 1963
  STATE FAIR EMPLOYMENT PRACTICES ACT AS APPLIED TO INTERSTATE CARRIER HELD INVALID UNDER THE COMMERCE CLAUSE 62 Columbia Law Review 1348 (November, 1962) Plaintiff, a Negro air force captain, applied for the position of pilot with defendant, a commercial air line operating in several western states with headquarters, hangars, and employment offices in Denver, Colorado. Plaintiff underwent tests and interviews in Denver and was found highly qualified; nevertheless he was rejected although a number of... 1962
  THE RIGHT TO EQUAL TREATMENT: ADMINISTRATIVE ENFORCEMENT OF ANTIDISCRIMINATION LEGISLATION 74 Harvard Law Review 526 (January, 1961) Discrimination by private persons on the basis of race, color, or religion has been contrary to the public policy of some states for many years. The first statutes implementing this policy were in the area of public accommodations and established either criminal penalties against persons discriminating or a right to damages in persons discriminated... 1961
Robert A. Leflar , Wylie H. Davis SEGREGATION IN THE PUBLIC SCHOOLS - 1953 67 Harvard Law Review 377 (January, 1954) THE legal problems which inhere in the movement away from racial segregation in American public schools are much broader and more numerous than the issues directly presented in the five cases now pending before the United States Supreme Court. Yet all these problems, as well as others that are primarily political, social, and economic, necessarily... 1954
  RACIAL DISCRIMINATION BY A UNION AGAINST EMPLOYEES IT DOES NOT REPRESENT 52 Columbia Law Review 1058 (December, 1952) A contract between defendant railroad and defendant brotherhood of brakemen stipulated that another class of employees, designated as train porters and represented by a separate union, could no longer perform the work of brakemen. Since train porters' duties consisted almost entirely in the performance of brakemen's work and since, being Negroes,... 1952
Raymond R. Farrell REGULATION OF UNION SECURITY CONTRACTS 59 Yale Law Journal 554 (February, 1950) The main purpose of a union security agreement is to increase the union's bargaining power. With greater control over dissident members, and with the employer tied to a union-dominated labor market, the secured union can more forcefully press its demands for better working conditions. But the monopoly power conferred by such agreements has at times... 1950
Alex Elson, Leonard Schanfield LOCAL REGULATION OF DISCRIMINATORY EMPLOYMENT PRACTICES 56 Yale Law Journal 431 (February, 1947) The social and economic stresses of war and reconversion have produced an upsurge of activity to make more effective use of the processes of law to reduce discrimination in employment. The federal Fair Employment Practices Committee carried on intense efforts in this direction during the war; several states have enacted anti-discrimination... 1947
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