| Author | Title | Citation | Summary | Year |
| Anat Alon-Beck |
TIMES THEY ARE A-CHANGIN': WHEN TECH EMPLOYEES REVOLT! |
80 Maryland Law Review 120 (2020) |
The COVID-19 pandemic sparked social distancing, economic crisis, mass layoffs, furloughs, inequality, and civil unrest. Corporate responses to the pandemic have profound effects on employee rights, employees' role in the corporations that they serve, and overall economic activity in the United States. In the last few decades, corporate governance... |
2020 |
| Shameka Rolla |
TITLE VII AND COLOR: HOW BRINGING TITLE VII CLAIMS UNDER THE PROTECTED CLASS OF COLOR CAN FURTHER HIGHLIGHT COLORISM IN EMPLOYMENT AND SOCIETY AT LARGE |
10 Wake Forest Journal of Law and Policy 277 (March, 2020) |
In January 2018, Lupita Nyong'o announced that she would write a children's book. In the book, titled Sulwe, a five-year-old Kenyan girl, unable to see the beauty in her dark complexion, is determined to lighten her skin. With a global skin-lightening industry that was worth $4.8 billion in 2017, and that is projected to grow to $8.9 billion by... |
2020 |
| Christine Neylon O'Brien |
TWENTY-FIRST CENTURY LABOR LAW: STRIKING THE RIGHT BALANCE BETWEEN WORKPLACE CIVILITY RULES THAT ACCOMMODATE EQUAL EMPLOYMENT OPPORTUNITY OBLIGATIONS AND THE LOSS OF PROTECTION FOR CONCERTED ACTIVITIES UNDER THE NATIONAL LABOR RELATIONS ACT |
12 William & Mary Business Law Review 167 (November, 2020) |
Employees who engage in protected concerted activities relating to work generally are shielded from discipline by Section 7 of the National Labor Relations Act (NLRA). Where otherwise protected work-related activity involves profanity or offensive speech or actions, whether in or out of the workplace, on a picket line, or on social media, such may... |
2020 |
| Ra'Mon Jones |
WHAT THE HAIR: EMPLOYMENT DISCRIMINATION AGAINST BLACK PEOPLE BASED ON HAIRSTYLES |
36 Harvard Blackletter Law Journal 27 (Spring, 2020) |
When you see a person with an afro, braids, dreadlocks (locs), or any other popular natural hairstyle, do you think of them as unprofessional or unemployable? Apparently, many employers do. Black men and women who don their natural tresses, either wooly and full, in intricate twists or braids, or in velvet-ropy locs often receive bold and awkward... |
2020 |
| Andrew Melzer , Whittney Barth |
WHETHER EMPLOYEES CAN BE FIRED FOR PARTICIPATING IN PEACEFUL PROTESTS |
2020 University of Illinois Law Review Online 221 (Fall, 2020) |
Protestors across the country have poured into the streets in the days and weeks following the police killings of George Floyd in Minneapolis, Minnesota and Breonna Taylor in Louisville, Kentucky, among others. These tragic deaths are but the latest chapter in the long struggle for racial justice and systemic reform in the United States. As the... |
2020 |
| Matthew U. Scherer , Allan G. King , Marko J. Mrkonich |
APPLYING OLD RULES TO NEW TOOLS: EMPLOYMENT DISCRIMINATION LAW IN THE AGE OF ALGORITHMS |
71 South Carolina Law Review 449 (Winter 2019) |
I. Introduction. 450 II. Background. 453 A. Algorithmic Selection Tools. 453 1. Machine Learning and Deep Learning. 453 2. Algorithmic Employee Selection. 456 B. Law of Discrimination. 457 1. Disparate Treatment. 459 2. Disparate Impact. 460 a. The Development of the Disparate Impact Doctrine. 460 b. Prima Facie Case. 462 c. Business Necessity... |
2019 |
| Brent K. Nakamura , Lauren B. Edelman |
BAKKE AT 40: HOW DIVERSITY MATTERS IN THE EMPLOYMENT CONTEXT |
52 U.C. Davis Law Review 2627 (June, 2019) |
C1-3Table of Contents L1-2Introduction . L32629 I. Diversity as a Compelling State Interest in Education; in Employment, Not So Much. 2631 II. Public-Facing Symbolism and Commitments to Diversity in the Workplace and Higher Education. 2636 III. Why Diversity Structures Are Not Evidence of a Diverse Workforce or a Nondiscriminatory Workplace. 2640... |
2019 |
| Julie A. Gafkay |
BALANCING CUSTOMER CARE AND EMPLOYEE CIVIL RIGHTS |
98-JUN Michigan Bar Journal 18 (June, 2019) |
When a patient or customer is denied service or receives inferior service based on race or color, it seems obvious he or she should be protected under the Civil Rights Acts. What about discrimination in the inverse situation: when a patient or customer preference for services based on race is granted and an employee is excluded from performing his... |
2019 |
| Melissa Pascualini |
BAN THE BOX: BREAKING BARRIERS TO EMPLOYMENT IN THE PRIVATE SECTOR |
37 Hofstra Labor and Employment Law Journal 255 (Fall, 2019) |
Discrimination in the workplace is normally thought of as affecting individuals of different race, religion, or sexual orientation; however, one of the most common and long-lasting types of workplace discrimination is based on an applicant's criminal history. Many individuals convicted of a crime are forced to be followed with a criminal record for... |
2019 |
| Bradley A. Areheart, Jessica L. Roberts |
GINA, BIG DATA, AND THE FUTURE OF EMPLOYEE PRIVACY |
128 Yale Law Journal 710 (January, 2019) |
Threats to privacy abound in modern society, but individuals currently enjoy little meaningful legal protection for their privacy interests. We argue that the Genetic Information Nondiscrimination Act (GINA) offers a blueprint for preventing employers from breaching employee privacy. GINA has faced significant criticism since its enactment in 2008:... |
2019 |
| Ruqaiijah Yearby |
INTERNALIZED OPPRESSION: THE IMPACT OF GENDER AND RACIAL BIAS IN EMPLOYMENT ON THE HEALTH STATUS OF WOMEN OF COLOR |
49 Seton Hall Law Review 1037 (2019) |
As advocates from the #MeToo and #TimesUp movements work to end sexual harassment and unequal pay in employment, they must not ignore the unique problems women of color face. As noted in Kimberle Crenshaw's theory of intersectionality, women of color face gender and racial bias in employment, thus eradicating gender bias will not make women of... |
2019 |
| Brittney Watkins |
KAEPERNICK CAN KICK IT!: EMPLOYMENT DISCRIMINATION, POLITICAL ACTIVISM, AND SPEECH IN THE NFL |
59 Washington University Journal of Law & Policy 259 (2019) |
There is never time in the future in which we will work out our salvation. The challenge is in the moment, the time is always now. --James Baldwin, Nobody Knows My Name Anti-discrimination laws do not offer enough protection against employment discrimination. Colin Kaepernick has yet to be hired by hired by an NFL team following his anti-police... |
2019 |
| Jean R. Sternlight |
MANDATORY ARBITRATION STYMIES PROGRESS TOWARDS JUSTICE IN EMPLOYMENT LAW: WHERE TO, #METOO? |
54 Harvard Civil Rights-Civil Liberties Law Review 155 (Winter, 2019) |
The arc of the moral universe is long, but it bends towards justice. Introduction. 156 I. Courts' Interpretations and Reinterpretations (Often) Bring Greater Justice. 161 II. The Rise and Stultifying Impact of Mandatory Employment Arbitration. 170 A. What is Employment Arbitration?. 170 B. Is Mandatory Employment Arbitration Legal?. 175 C. Impact... |
2019 |
| Austin Howard |
NETWORKING AWAY THE AMERICAN DREAM: HOW REINTERPRETING TITLE VII CAN REDUCE EMPLOYER RELIANCE ON EXCLUSIVE NETWORKS IN HIRING AND BROADEN ACCESS TO PROFESSIONAL OPPORTUNITY |
41 Cardozo Law Review 721 (December, 2019) |
C1-2Table of Contents Introduction. 722 I. Background. 729 A. Title VII of the Civil Rights Act of 1964. 729 B. Griggs v. Duke Power Co.: The Birth of Disparate Impact. 732 C. Burden-Shifting for Disparate Impact Claims. 734 D. Wards Cove Packing Co. v. Atonio: Easing the Burden on Employers & Imposing a Heightened Causation Requirement on... |
2019 |
| Elizabeth C. Tippett |
OPPORTUNITY DISCRIMINATION: A HIDDEN LIABILITY EMPLOYERS CAN FIX |
23 Employee Rights and Employment Policy Journal 165 (2019) |
Society has embraced the rhetoric of equal opportunity without fulfilling its promise. - Kimberlé Crenshaw I. Introduction. 165 II. Existing Law. 170 A. How Courts Define Adverse Employment Action. 170 B. The Legal Significance of Opportunity Discrimination in Title VII Jurisprudence. 176 C. How Lost Opportunities Can Help Establish Causation.... |
2019 |
| George S. Scoville III |
PURGED BY PRESS RELEASE: FIRST RESPONDERS, FREE SPEECH, AND PUBLIC EMPLOYMENT RETALIATION IN THE DIGITAL AGE |
97 Oregon Law Review 477 (2019) |
Introduction. 479 I. Firing Anthony Venable. 483 II. Speech Retaliation Claims Pursuant to Section 1983. 485 A. The Section 1983 Civil Rights Claim. 486 B. Pickering Distinguishes Categories of Speakers and Speech. 488 C. Myers Narrows What Constitutes a Matter of Public Concern. 490 D. Garcetti Severely Limits Speech Protections for Public... |
2019 |
| Hina B. Shah |
RADICAL RECONSTRUCTION: (RE) EMBRACING AFFIRMATIVE ACTION IN PRIVATE EMPLOYMENT |
48 University of Baltimore Law Review 203 (Spring, 2019) |
You do not take a person who, for years, has been hobbled by chains and liberate him, bring him up to the starting line of a race and then say, you are free to compete with all the others, and still justly believe that you have been completely fair. The history of employment in this country is the history of racism. Using public and private... |
2019 |
| Amy Dygert |
RECONCILING THE MINISTERIAL EXCEPTION AND TITLE VII: CLARIFYING THE EMPLOYER'S BURDEN FOR THE MINISTERIAL EXCEPTION |
58 Washington University Journal of Law & Policy 367 (2019) |
The ministerial exception, under the Free Exercise and Establishment Clauses of the First Amendment, provides an immunity for churches or religious organizations from employment discrimination claims. Under the exception, qualifying religious organizations are protected from employment discrimination claims brought by employees who hold or held a... |
2019 |
| Mark Shank, Greg McAllister |
SHOW ME THE MONEY: RECENT DEVELOPMENTS REGARDING EMPLOYMENT LAW DAMAGES |
38 Corporate Counsel Review 79 (May, 2019) |
INTRODUCTION. 81 I. FEDERAL EMPLOYMENT LAWS. 81 A. Title VII and ADA. 81 1. Remedies for Lost Wages and Benefits. 81 a. Back Pay. 81 b. Front Pay. 84 2. Compensatory and Punitive Damages. 84 a. Compensatory Damages. 84 b. Punitive Damages. 85 3. Attorneys' Fees. 88 a. Prevailing Plaintiff. 88 b. Prevailing Defendant. 92 4. Paralegals' Fees. 92... |
2019 |
| Anastasia M. Boles |
VALUING THE "RACE CARD": TEACHING EMPLOYMENT DISCRIMINATION USING CULTURALLY PROFICIENT INSTRUCTION |
44 Thurgood Marshall Law Review 25 (Fall, 2019) |
Imani approached me immediately after our Employment Discrimination class one afternoon. She was visibly upset, and I invited her up to my office. Imani, a Black woman with natural hair, expressed frustration at her perceived inability to engage in discussions related to race and gender during class. She felt unable to integrate her background and... |
2019 |
| Martin Childs IV |
WHO TOLD YOU YOUR HAIR WAS NAPPY?: A PROPOSAL FOR REPLACING AN INEFFECTIVE STANDARD FOR DETERMINING RACIALLY DISCRIMINATORY EMPLOYMENT PRACTICES |
2019 Michigan State Law Review 287 (2019) |
Courts often hold that race-neutral grooming policies do not constitute the type of race-based discrimination that is prohibited under Title VII of the Civil Rights Act of 1964. In reaching this decision, courts rely on a narrow interpretation of Title VII, in which the statute only prohibits discrimination that is directed at an individual's... |
2019 |
| Kristen Southworth |
"YOU DON'T HAVE TO CALL ME DARLIN, DARLIN": HOW EVIDENTIARY PROOF MODELS HAVE CONFUSED COURTS IN EMPLOYMENT DISCRIMINATION CASES |
42 Southern Illinois University Law Journal 539 (Spring, 2018) |
Henry Ortiz brought a discrimination suit against his employer, Werner Enterprises, after Werner terminated him for allegedly falsifying records. Ortiz argued that the practice was commonplace and the employer's real reason was racially motivated. To prove his claim, Ortiz cited rules placed on him but not on non-Hispanic workers, his stellar... |
2018 |
| David Cynamon, John Freedman |
A SURVEY OF THE LAWYERS' COMMITTEE WORK ON PRIVATE AND PUBLIC EMPLOYMENT DISCRIMINATION CASES: 1984-PRESENT |
62 Howard Law Journal 1 (Fall, 2018) |
INTRODUCTION. 2 I. THE COMMITTEE'S EARLY YEARS: 1971-1983. 3 II. CASE SCREENING AND SELECTION. 5 III. PRIVATE SECTOR EMPLOYMENT CASES: 1984-PRESENT. 7 A. Tester Cases. 7 B. Ironworkers' Union Litigation. 10 C. Circuit City. 11 D. Railroads and Utilities. 16 E. LGBTQ Discrimination. 18 F. Wage Theft Cases. 19 G. Individual Cases. 21 1. Garcia... |
2018 |
| Jamillah Bowman Williams, J.D., Ph.D. |
ACCOUNTABILITY AS A DEBIASING STRATEGY: TESTING THE EFFECT OF RACIAL DIVERSITY IN EMPLOYMENT COMMITTEES |
103 Iowa Law Review 1593 (May, 2018) |
Congress passed Title VII of the Civil Rights Act of 1964 with the primary goal of integrating the workforce and eliminating arbitrary bias against minorities and other groups who had been historically excluded. Yet substantial research reveals that racial bias persists and continues to limit opportunities and outcomes for racial... |
2018 |
| Tyler D. Lane |
ARE YOU READY FOR THE CHECK?: EMPLOYERS FACE TITLE VII DISPARATE IMPACT LIABILITY FOR DISCRIMINATORY TIPPING PRACTICES |
44 University of Dayton Law Review 53 (Fall, 2018) |
53 I. INTRODUCTION. 54 II. DISPARATE IMPACT. 56 A. Civil Rights Act of 1964. 57 B. Civil Rights Act of 1991. 59 C. Similar Statutory Provisions. 61 D. Burden-Shifting in a Disparate Impact Claim. 62 III. ELEMENTS OF DISPARATE IMPACT WAGE DISCRIMINATION. 63 A. Studies Demonstrating Racial Bias. 63 1. Implicit Bias. 63 2. Study on Taxi... |
2018 |
| Alex Reed |
ASSOCIATIONAL DISCRIMINATION THEORY & SEXUAL ORIENTATION-BASED EMPLOYMENT BIAS |
20 University of Pennsylvania Journal of Business Law 731 (2018) |
Introduction. 731 I. Associational Sex Discrimination in the Academic Literature. 735 II. The EEOC and Associational Sex Discrimination. 738 III. Associational Sex Discrimination: An Imperfect Means of Redressing Sexual Orientation-Based Employment Bias. 742 A. Expanding Coverage Beyond Race. 743 B. Demonstrating Membership in a Protected Class.... |
2018 |
| Bill Ong Hing |
BEYOND DACA--DEFYING EMPLOYER SANCTIONS THROUGH CIVIL DISOBEDIENCE |
52 U.C. Davis Law Review 299 (November, 2018) |
C1-2Table of Contents Introduction. 301 I. Deferred Action for Childhood Arrivals (DACA). 306 II. The Particularized Passionate Sentiment on Behalf of DACA Recipients. 310 III. A Call for Civil Disobedience. 313 IV. Civil Disobedience in the Corporate Context. 318 V. Potential Penalties. 319 A. Employer Sanctions Provisions. 320 1. Civil Fines... |
2018 |
| Shelle Shimizu |
BEYOND THE BOX: SAFEGUARDING EMPLOYMENT FOR ARRESTED EMPLOYEES |
128 Yale Law Journal Forum 226 (October 20, 2018) |
Individuals across the country are often denied employment opportunities because of their criminal histories. Growing awareness and concern for this form of lingering punishment has engendered a proliferation of laws, colloquially known as ban-the-box or fair-chance laws. These laws aim to address the employment-related collateral... |
2018 |
| Crystal Powell |
BIAS, EMPLOYMENT DISCRIMINATION, AND BLACK WOMEN'S HAIR: ANOTHER WAY FORWARD |
2018 Brigham Young University Law Review 933 (2018) |
C1-2Contents I. Introduction. 933 II. History of Black Hair, Implicit Bias, and Workplace Grooming Standards. 937 A. History of Black Hair Texture and Hairstyle: Centuries of Stereotyping. 938 B. Clean, Neat, and Kept Versus Extreme, Eye-Catching, and Unprofessional: Workplace Grooming Policies Reflect Racial Stereotypes. 943 III. Should Black... |
2018 |
| John Winn, JD, LLM , Kevin H. Govern, JD, LLM |
DUE DILIGENCE AND LEGAL OBLIGATIONS OF EMPLOYMENT SCREENING IN HEALTHCARE ORGANIZATIONS |
87 University of Cincinnati Law Review 1 (2018) |
Few career fields are as dynamic as healthcare. Even non-clinical employees and volunteer staff may encounter risks or assume responsibilities unforeseeable in other career fields. Clinical workers in particular must respond to life and death workplace challenges with competence and compassion. Employee reliability is the single most important... |
2018 |
| Major Taren E. Wellman |
EMPLOYMENT DISCRIMINATION AGAINST MILITARY SPOUSES: A CASE FOR ILLEGALITY CONTRARY TO POPULAR BELIEF AND PRACTICE |
79 Air Force Law Review 207 (2018) |
I. Introduction 209 A. Discrimination Against the Spouse is Discrimination Against the Member 215 B. How Big is the Problem? 217 II. State of Current Law 220 A. The Statutory Legal Framework 220 1. Title VII of the Civil Rights Act of 1964 220 2. Non-Title VII Antidiscrimination Sources of Protection 222 a. Equal Pay Act 222 b. Executive Order... |
2018 |
| Elizabeth Westrope |
EMPLOYMENT DISCRIMINATION ON THE BASIS OF CRIMINAL HISTORY: WHY AN ANTI-DISCRIMINATION STATUTE IS A NECESSARY REMEDY |
108 Journal of Criminal Law and Criminology 367 (Spring, 2018) |
The harms of mass incarceration do not end when an individual is released from prison. Instead, criminal records haunt approximately 70 million people throughout the United States today. Criminal histories follow persons convicted of crimes for the rest of their lives, creating collateral consequences that make it difficult for these individuals to... |
2018 |
| Theanne Liu |
ETHNIC STUDIES AS ANTISUBORDINATION EDUCATION: A CRITICAL RACE THEORY APPROACH TO EMPLOYMENT DISCRIMINATION REMEDIES |
11 Washington University Jurisprudence Review 165 (2018) |
This Note will use a critical race theory lens to argue that most trainings on equal employment opportunity (EEO), diversity, or implicit bias operate as a restrictive remedy to Title VII race discrimination violations, and that incorporating an ethnic studies framework into these trainings can further an expansive view of antidiscrimination law.... |
2018 |
| Margaux Joselow |
MAYHEW v. TOWN OF SMYRNA: THE SIXTH CIRCUIT FRUSTRATES PUBLIC EMPLOYEES' RIGHT TO A JURY TRIAL |
59 Boston College Law Review E-Supplement 83 (March 19, 2018) |
On May 11, 2017, the U.S. Court of Appeals for the Sixth Circuit, in Mayhew v. Town of Smyrna, held that the protected status of a public employee's speech in a First Amendment retaliation claim remains one of law, rather than one of mixed law and fact. In so doing, the Sixth Circuit disallowed jury determinations on the fact-intensive... |
2018 |
| Vicki Schultz |
OPEN STATEMENT ON SEXUAL HARASSMENT FROM EMPLOYMENT DISCRIMINATION LAW SCHOLARS |
71 Stanford Law Review Online 17 (June, 2018) |
For Law Professors Rachel Arnow-Richman, Ian Ayres, Susan Bisom-Rapp, Tristin Green, Rebecca Lee, Ann McGinley, Angela Onwuachi-Willig, Nicole Porter, Vicki Schultz, and Brian Soucek We, the undersigned legal scholars and educators with expertise in employment discrimination law, seek to offer a new vision and agenda for eliminating sexual... |
2018 |
| Michael Pego |
THE DELUSION OF AMATEURISM IN COLLEGE SPORTS: WHY SCHOLARSHIP STUDENT ATHLETES ARE DESTINED TO BE CONSIDERED "EMPLOYEES" UNDER THE NLRA |
13 FIU Law Review 277 (Fall, 2018) |
I tend to be more worried about college players than NFL players in the sense that the NFL players have a union . and most of them are well-compensated for the violence they do to their bodies. You read some of these stories about college players who undergo some of these same problems with concussions and so forth and then have nothing to fall... |
2018 |
| Ruqaiijah Yearby |
THE IMPACT OF STRUCTURAL RACISM IN EMPLOYMENT AND WAGES ON MINORITY WOMEN'S HEALTH |
43 Human Rights 21 (2018) |
In 2010, at the end of the great recession that disproportionately harmed racial minorities and women, the federal government recognized that health disparities are caused by the social determinants of health (SDOH) (Figure 1), which are outside an individual's control. (Sec'y's Advisory Comm, on Nat'l Health Promotion & Disease Prevention... |
2018 |
| Emily Gold Waldman |
THE PREFERRED PREFERENCES IN EMPLOYMENT DISCRIMINATION LAW |
97 North Carolina Law Review 91 (December, 2018) |
In theory, customer preferences cannot justify discriminatory treatment by employers. The reality is more complicated. Built into the structure of federal employment discrimination law are several openings for customer preferences to provide employer defenses to what would otherwise likely be actionable discrimination. This Article explores when... |
2018 |
| Ryan H. Vann , Melissa A. Logan |
THE TENSION BETWEEN THE NLRA, THE EEOC, AND OTHER FEDERAL AND STATE EMPLOYMENT LAWS: THE MANAGEMENT PERSPECTIVE |
33 ABA Journal of Labor & Employment Law 291 (Fall, 2018) |
Public opinion relating to workplace harassment has undergone a dramatic revolution in the past year. Rarely a day passes without news of a high-profile harassment allegation. Employers have responded to the demands of the public and their employees by erring on the side of assuring more reporting options, swifter and more thorough investigations,... |
2018 |
| Manuel Quinto-Pozos |
THE TENSION BETWEEN THE NLRA, THE EEOC, AND OTHER FEDERAL AND STATE EMPLOYMENT LAWS: THE UNION PERSPECTIVE |
33 ABA Journal of Labor & Employment Law 277 (Fall, 2018) |
Many labor and employment lawyers have encountered circumstances presenting tensions between employees' National Labor Relations Act (NLRA or Act) Section 7 rights and another law. The other law often raises the specter of employer liability to additional employees, individuals, or entities. Here are some examples: While picketing outside the... |
2018 |
| Jeffrey Selbin, Justin McCrary, Joshua Epstein |
UNMARKED? CRIMINAL RECORD CLEARING AND EMPLOYMENT OUTCOMES |
108 Journal of Criminal Law and Criminology 1 (Winter, 2018) |
An estimated one in three American adults has a criminal record. While some records are for serious offenses, most are for arrests or relatively low-level misdemeanors. In an era of heightened security concerns, easily available data, and increased criminal background checks, these records act as a substantial barrier to gainful employment and... |
2018 |
| Dallan F. Flake |
WHEN SHOULD EMPLOYERS BE LIABLE FOR FACTORING BIASED CUSTOMER FEEDBACK INTO EMPLOYMENT DECISIONS? |
102 Minnesota Law Review 2169 (May, 2018) |
Following a checkup at the local medical clinic, Mark stops by the reception desk to fill out an anonymous survey about his visit in exchange for ten dollars off his bill. Mark skims the questionnaire, rates his doctor, Melanie Flowers, mostly threes (out of five), and is on his way. When the clinic is forced to lay off one of its doctors two... |
2018 |
| Tyler Sherman |
ALL EMPLOYERS MUST WASH THEIR SPEECH BEFORE RETURNING TO WORK: THE FIRST AMENDMENT & COMPELLED USE OF EMPLOYEES' PREFERRED GENDER PRONOUNS |
26 William & Mary Bill of Rights Journal 219 (October, 2017) |
Under an ordinary gloss, it is easy to limit the First Amendment's Free Speech Clause to its black-letter text. Taken purely at face value, the Free Speech Clause only prohibits the government from making laws abridging the freedom of speech. The text makes no other direct mention of speech rights, guarantees, or proscriptions. However, the First... |
2017 |
| Ariela Rutbeck-Goldman |
AN "UNFAIR AND CRUEL WEAPON": CONSEQUENCES OF MODERN-DAY POLYGRAPH USE IN FEDERAL PRE-EMPLOYMENT SCREENING |
7 UC Irvine Law Review 715 (December, 2017) |
I. Doug Williams's Case and Its Precedents. 718 II. Background of Polygraph Technology and Its Use in Employment. 722 A. Polygraph Background and Basics. 722 B. Banning the Test for Employment Screening. 725 1. Background of the Ban: Unreliability. 725 2. The Federal Government's Exemption in the EPPA. 726 3. Specific Issues in Expansion to CBP.... |
2017 |
| Deborah Dinner |
BEYOND "BEST PRACTICES": EMPLOYMENT-DISCRIMINATION LAW IN THE NEOLIBERAL ERA |
92 Indiana Law Journal 1059 (Summer, 2017) |
Why does U.S. legal culture tolerate unprecedented economic inequality even as it valorizes social equality along identity lines? This Article takes a significant step toward answering this question by examining the relationship between U.S. employment-discrimination law and neoliberalism. It shows that the rise of antidiscrimination ideals in the... |
2017 |
| Rebecca J. Wilson , Kiley M. Belliveau , Leigh Ellen Gray |
BUSTING THE BLACK BOX: BIG DATA, EMPLOYMENT AND PRIVACY |
84 Defense Counsel Journal 1 (July, 2017) |
We live in an era of big data. Our increasing reliance on digital communication coupled with the technological ability to capture, collect, and analyze ever-growing volumes of data has led to the application of predictive analytics techniques to many of the most important facets of our lives, including healthcare, education, and employment. The... |
2017 |
| Andrew T. Williamson |
CLEARLY UNFAIR: MCCLEARY-EVANS AND THE PROBLEMS ASSOCIATED WITH PLEADING AN EMPLOYMENT DISCRIMINATION CASE |
11 Charleston Law Review 270 (Winter, 2017) |
I. INTRODUCTION. 271 II. A SUMMARY OF THE CASE. 273 A. Factual Summary. 273 B. Procedural Summary. 274 III. THE EVOLUTION OF THE FEDERAL CIVIL PLEADING STANDARD. 276 A. The Birth of the Federal Rules of Civil Procedure--Common Law to Code Pleading. 276 B. The Era of Notice Pleading. 279 1. Conley v. Gibson: No Set of Facts. 279 2. McDonnell... |
2017 |
| Einat Albin |
CUSTOMER DOMINATION AT WORK: A NEW PARADIGM FOR THE SEXUAL HARASSMENT OF EMPLOYEES BY CUSTOMERS |
24 Michigan Journal of Gender & Law 167 (2017) |
This Article introduces a novel legal paradigm--customer domination at work--to address the sexual harassment of employees by customers. This new approach challenges the prevailing paradigm, which focuses on the employer-employee binary relationship. I show how, under current Title VII law, the prevailing paradigm leads to a weaker form of employer... |
2017 |
| Laura Beth Nielsen , Ellen C. Berrey , Robert L. Nelson |
DIGNITY AND DISCRIMINATION: EMPLOYMENT CIVIL RIGHTS IN THE WORKPLACE AND IN COURTS |
92 Chicago-Kent Law Review 1185 (2017) |
Gerry Handley (plaintiff): They would like always bring up these racial conversations and make these racial jokes . I'd just ignore them. I wouldn't laugh or I wouldn't listen in .. They started talking about incest, and they started talking about blacks from slavery time, you know, they bred them and sold them, and they inbred them down in the... |
2017 |
| Matthew Bottoms |
EMPLOYER BEWARE: CHANGING THE LANDSCAPE OF EMPLOYMENT DISCRIMINATION CLAIMS AT THE SUMMARY JUDGMENT STAGE |
68 Mercer Law Review 1145 (Summer, 2017) |
In Quigg v. Thomas County School District, the United States Court of Appeals for the Eleventh Circuit changed the summary judgment framework for mixed-motive employment discrimination cases. The ruling in Quigg will affect both employers and employees and will lead to more mixed-motive discrimination claims reaching the jury, rather than being... |
2017 |