| Author | Title | Citation | Summary | Year |
| Matthew W. Green Jr. |
SAME-SEX SEX AND IMMUTABLE TRAITS: WHY OBERGEFELL v. HODGES CLEARS A PATH TO PROTECTING GAY AND LESBIAN EMPLOYEES FROM WORKPLACE DISCRIMINATION UNDER TITLE VII |
20 Journal of Gender, Race and Justice 1 (February, 2017) |
The plaintiffs also state that, by treating their marriages as if they did not exist, the state . encourages private citizens to deny their marriages and exposes them to discrimination in their daily lives. I. Introduction. 2 II. Same-Sex Sex and Immutable Traits. 7 A. Lawrence, Obergefell, and Same-Sex Sex. 8 1. Due Process and Fundamental Rights.... |
2017 |
| Randall John Bunnell |
SUMMARY JUDGMENT PRINCIPLES IN LIGHT OF TOLAN v. COTTON: EMPLOYMENT DISCRIMINATION IMPLICATIONS IN THE FIFTH CIRCUIT |
63 Loyola Law Review 77 (Spring, 2017) |
INTRODUCTION. 77 I. THE FRAMEWORK AND ITS ARENA. 79 A. The Framework. 80 1. The Establishment of the McDonnell Douglas Framework. 80 2. Proving Pretext. 82 3. Variations on a Theme: Views of Pretext. 84 4. The Fifth Circuit Post-Reeves. 87 B. The Arena. 89 1. A Brief History of Summary Judgment. 89 2. The Summary Judgment Trilogy. 90 3. Recent... |
2017 |
| Matthew T. Bodie |
THE BEST WAY OUT IS ALWAYS THROUGH: CHANGING THE EMPLOYMENT AT-WILL DEFAULT RULE TO PROTECT PERSONAL AUTONOMY |
2017 University of Illinois Law Review 223 (2017) |
Employment at-will is the default rule of termination for the vast majority of American employment relationships. The rule creates a presumption--a strong one--that the contract for employment allows either party to terminate the contract at any point in time. Since its inception, this bright-line rule has given way to carefully curated exceptions,... |
2017 |
| Benjamin D. Geffen |
THE COLLATERAL CONSEQUENCES OF ACQUITTAL: EMPLOYMENT DISCRIMINATION ON THE BASIS OF ARRESTS WITHOUT CONVICTIONS |
20 University of Pennsylvania Journal of Law and Social Change 81 (2017) |
Lawmakers, advocates, and scholars have trained a great deal of attention on the collateral consequences of criminal convictions, particularly the effects of conviction on employment. This article focuses on an overlooked problem: employers' widespread use of non-convictions, including acquittals, to reject job applicants or fire employees. Using... |
2017 |
| Alexander M. Nourafshan |
THE NEW EMPLOYMENT DISCRIMINATION: INTRA-LGBT INTERSECTIONAL INVISIBILITY AND THE MARGINALIZATION OF MINORITY SUBCLASSES IN ANTIDISCRIMINATION LAW |
24 Duke Journal of Gender Law & Policy 107 (Spring, 2017) |
I. Introduction. 108 II. The Roots of Intersectional Invisibility. 111 A. The Single-Axis Framework in Employment Discrimination Law. 111 B. Judicial Responses to Intersectional Claims. 115 III. LGBT Intersectionality. 120 A. LGBT Workplace Discrimination. 122 B. The Precariousness of Intersectional LGBT Claims. 126 C. Intra-LGBT Intersectionality.... |
2017 |
| Deborah L. Brake |
THE SHIFTING SANDS OF EMPLOYMENT DISCRIMINATION: FROM UNJUSTIFIED IMPACT TO DISPARATE TREATMENT IN PREGNANCY AND PAY |
105 Georgetown Law Journal 559 (March, 2017) |
C1-3Table of Contents L1-2Introduction . L3560 I. A Brief Overview of Employment Discrimination Law: The Tyranny of the Proof Frameworks and the Judiciary's Narrow View of Discriminatory Intent. 563 A. TRACING THE IMPACT AND TREATMENT DIVIDE AND THEIR SEPARATE PROOF FRAMEWORKS. 564 B. THE MEANING OF DISCRIMINATORY INTENT: WHAT COURTS HAVE IN MIND.... |
2017 |
| Maurice Wexler |
THE SURVIVAL OF THE INTENTIONALITY DOCTRINE IN EMPLOYMENT LAW: TO BE OR NOT TO BE? |
47 University of Memphis Law Review 699 (Spring, 2017) |
I. Introduction. 700 II. Challenging the Intentionality Doctrine. 701 II. The Long and Short of Implicit Bias. 704 III. Old Fashioned Stereotyping and the Intentionality Doctrine: Their Genesis and Survival. 705 A. One Hundred Fifty Years and Then Some of Explicit Racial Discrimination and Stereotyping and the Intentionality Doctrine. 706 1. Racial... |
2017 |
| Todd R. Wulffson, Emily K. Borman |
THE WAGE EQUALITY ACT OF 2016: PROMOTING EQUITY OR STUNTING EMPLOYMENT? |
59-FEB Orange County Lawyer 32 (February, 2017) |
Celebrated during the month of February, National African American History Month honors the contributions of African Americans to United States history, and recognizes the continuing struggle of many courageous individuals for fair and equal rights. The call for equality is not limited to African Americans, but encompasses the sacrifice's and... |
2017 |
| Nina Kucharczyk |
THINKING OUTSIDE THE BOX: REFORMING EMPLOYMENT DISCRIMINATION DOCTRINE TO COMBAT THE NEGATIVE CONSEQUENCES OF BAN-THE-BOX LEGISLATION |
85 Fordham Law Review 2803 (May, 2017) |
As part of the larger movement to reform the criminal justice system, legislation has recently been implemented to expand job opportunities for formerly incarcerated individuals as they exit the system. Specifically, ban-the-box laws were passed to reduce widespread employment discrimination that formerly incarcerated individuals encounter by... |
2017 |
| Sarah Khanghahi |
THIRTY YEARS AFTER AL-KHAZRAJI: REVISITING EMPLOYMENT DISCRIMINATION UNDER SECTION 1981 |
64 UCLA Law Review 794 (March, 2017) |
Many scholars have written about the racialization process experienced by people of Southwest Asia and North African (SWANA) descent, emphasizing the increased discrimination experienced by those perceived as Middle Eastern or SWANA. There is very little scholarship, however, concentrating specifically on employment discrimination faced by those of... |
2017 |
| Susan D. Carle |
ANGRY EMPLOYEES: REVISITING INSUBORDINATION IN TITLE VII CASES |
10 Harvard Law & Policy Review 185 (Winter, 2016) |
To read federal case law decided under Title VII of the Civil Rights Act of 1964 --the provision that prohibits employment discrimination on the basis of race, sex, and other characteristics--is to be struck by the continuing racial and sexual hostility in U.S. workplaces today, and also at courts' too frequent unwillingness to address it. Courts... |
2016 |
| Shane O'Halloran |
DOES TITLE VII WORK FOR TEMPS? FAUSH v. TUESDAY MORNING RECONSIDERS THE EMPLOYMENT RELATIONSHIP |
61 Villanova Law Review 653 (2016) |
And you have all these people say, When are you going to get a real job? I mean, you're going through all the motions of a real job. I mean, you're showing up at a place between eight and five. And technically, you're probably doing as much as anyone else who works there full-time. You know? But you're just sort of this ghost. Matthew Faush was... |
2016 |
| Nicholas Larkin |
EMPLOYMENT DISCRIMINATION: HAVE THE FEDERAL COURTS REACHED A CONSENSUS ON HOW TO INTERPRET TITLE VII CLAIMS ALLEGED BY PLAINTIFFS WHO IDENTIFY AS LESBIAN, GAY, BISEXUAL, OR TRANSGENDER? |
6 American University Labor & Employment Law Forum 1 (2016) |
Discrimination, especially when it occurs in the workplace, is a controversial and complicated subject that society has struggled to overcome for many years. When workplace discrimination is directed towards those who identify as Lesbian, Gay, Bisexual, or Transgender (LGBT), employment discrimination becomes even more complex. Employment... |
2016 |
| Elizabeth P. Weissert |
GET OUT OF JAIL FREE? PREVENTING EMPLOYMENT DISCRIMINATION AGAINST PEOPLE WITH CRIMINAL RECORDS USING BAN THE BOX LAWS |
164 University of Pennsylvania Law Review 1529 (May, 2016) |
Introduction. 1530 I. The Problem of Discrimination Against People with Criminal Records in Hiring. 1533 A. The Prevalence and Negative Impacts of Employment Discrimination Against People with Criminal Records. 1533 B. Employers' Motivations for Refusing to Hire Job Applicants with Criminal Records. 1536 II. The Limitations of the Current Legal... |
2016 |
| Leora F. Eisenstadt , Jeffrey R. Boles |
INTENT AND LIABILITY IN EMPLOYMENT DISCRIMINATION |
53 American Business Law Journal 607 (Winter 2016) |
In March 2015, The New Yorker brought a question typically debated by legal scholars firmly into the public consciousness when it published the article, The Ellen Pao Trial: What Do We Mean by Discrimination? The article was prompted by an employment discrimination case brought by Ellen Pao, a former junior partner at the Silicon Valley-based... |
2016 |
| Shayak Sarkar |
INTIMATE EMPLOYMENT |
39 Harvard Journal of Law & Gender 429 (Summer, 2016) |
Intimate employees work to facilitate, maintain, and protect our private bodies, moments, and spaces. Amidst such interdependencies, how do we legally balance the interests of employers, including parents and those with physical disabilities, with those of their intimate employees? A national movement for domestic workers' rights unsettles a status... |
2016 |
| W. Jonathan Martin II , F. Damon Kitchen , Gary R. Wheeler |
LABOR AND EMPLOYMENT LAW |
67 Mercer Law Review 955 (Summer 2016) |
This Article surveys the United States Court of Appeals for the Eleventh Circuit precedent from January 1, 2015 to December 31, 2015. The following is a discussion of those opinions. The United States Supreme Court issued three decisions affecting employment law this survey period. First, in Young v. United Parcel Service, Inc., a divided Supreme... |
2016 |
| Lawrence D. Rosenthal |
NO GOOD DEED GOES UNPUNISHED: THE LACK OF PROTECTION FOR VOLUNTEERS UNDER FEDERAL ANTI-DISCRIMINATION STATUTES |
2016 Brigham Young University Law Review 117 (2016) |
One issue that often arises in cases involving Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) is whether a particular individual is an employee. There are many reasons why this issue is important. First, only employees can sue under these... |
2016 |
| John H. Shannon , Susan A. O'Sullivan-Gavin |
POST QUON: AN ANALYSIS OF THE EVOLUTION OF NEW MEDIA AND THE EMPLOYMENT RELATIONSHIP |
11 Journal of Business & Technology Law 179 (2016) |
New Media and the employment relationship intersect on several fronts: the initial hiring process, maintenance and termination of an employment relationship, intraoffice communication, contacts with clients and customers, supply chain exchanges, governmental agency relationships, and public relations. In each scenario, both the employer and... |
2016 |
| Peter Siegelman |
PROTECTING THE COMPROMISED WORKER: A CHALLENGE FOR EMPLOYMENT DISCRIMINATION LAW |
64 Buffalo Law Review 565 (May, 2016) |
Only the very best workers are completely satisfactory, and they are not likely to be discriminated against-the cost of discrimination is too great. The law tries to protect average and even below-average workers against being treated more harshly than would be the case if they were of a different race, sex, religion, or national origin, but it has... |
2016 |
| Hanna Martin |
RACE, RELIGION, AND RFRA: THE IMPLICATIONS OF BURWELL v. HOBBY LOBBY STORES, INC. IN EMPLOYMENT DISCRIMINATION |
2016 Cardozo Law Review de novo 1 (2016) |
C1-2Table of Contents Introduction. 2 I. The Prevalence Of White Separatism And White Nationalism In The United States. 4 II. The Religious Freedom Restoration Act and Hobby Lobby. 10 A. The Free Exercise Clause and Passage of the Religious Freedom Restoration Act. 10 B. State Religious Freedom Restoration Acts. 11 C. The Contraceptive Mandate and... |
2016 |
| Shirley W. Bi |
RACE-BASED REVERSE EMPLOYMENT DISCRIMINATION CLAIMS: A COMBINATION OF FACTORS TO THE PRIMA FACIE CASE FOR CAUCASIAN PLAINTIFFS |
2016 Cardozo Law Review de novo 40 (2016) |
C1-2Table of Contents Introduction. 41 I. Background: Reverse Racial Discrimination and the Three Approaches to the McDonnell Douglas Burden-Shifting Framework. 44 A. Back to Title VII and the McDonnell Douglas Framework. 44 B. All Groups Are Protected. 47 C. The First Approach--The Background Circumstances. 48 D. A Second Approach--The Protected... |
2016 |
| Hal K. Gillespie, Mark A. Shank, Dallas, Gillespie Sanford, Dallas, Gruber Hurst Johansen Hail Shank |
RECENT CASE LAW AND DEVELOPMENTS IN EMPLOYMENT LAW |
74 The Advocate (Texas) 127 (Spring, 2016) |
I. FEDERAL CASES. 1 A. Title VII / Discrimination. 1 B. Administrative, Jurisdictional and Procedural. 8 C. Age Discrimination in Employment Act (ADEA). 11 D. Americans with Disability Act (ADA/ADAAA). 16 E. Arbitration. 19 F. Attorney-Client Relationship. 20 G. Attorneys' Fees and Injunctive Relief. 21 H. Employment at-will Relationship. 22 I.... |
2016 |
| Craig Robert Senn |
REDEFINING PROTECTED "OPPOSITION" ACTIVITY IN EMPLOYMENT RETALIATION CASES |
37 Cardozo Law Review 2035 (August, 2016) |
Over the last decade, retaliation claims under our federal employment discrimination laws--such as Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act of 1990 (ADA), and the Age Discrimination in Employment Act of 1967 (ADEA)--have skyrocketed. In that period, these claims have increased in number by over... |
2016 |
| Emily Meyer |
REIGNING IN THE LITIGIOUS EMPLOYEE: A PROPOSAL FOR FEDERAL ANTI-DISCRIMINATION LAW REFORM |
54 University of Louisville Law Review 505 (2016) |
There is no doubt that discrimination is odious but a frivolous or malicious charge of such conduct . . . is at least equally obnoxious. Consider this scenario: You own a small factory employing fifty workers. You recently transferred a Hispanic employee to a different division in the factory because you believed the employee's skills would be... |
2016 |
| Dallan F. Flake |
RELIGIOUS DISCRIMINATION BASED ON EMPLOYER MISPERCEPTION |
2016 Wisconsin Law Review 87 (2016) |
This Article addresses the circuit split over whether Title VII prohibits discrimination based on an employer's misperception of an employee's religion. This is an especially critical issue because misperception-based religious discrimination is likely to increase as the United States continues to experience unprecedented religious diversification.... |
2016 |
| Heather S. Dixon |
REVISITING TITLE VII AFTER 50 YEARS: THE NEED FOR INCREASED REGULATORY OVERSIGHT OF EMPLOYERS' PERSONNEL DECISIONS |
59 Howard Law Journal 441 (Winter 2016) |
INTRODUCTION. 441 I. BACKGROUND AND DATA. 443 II. PROBLEMS WITH THE CURRENT EEOC MODEL. 450 A. Retaliation. 451 B. Resources. 454 C. Information. 454 D. Detrimental Delay. 455 III. THE IMPORTANCE OF CHANGE. 456 IV. THE PROPOSED REGULATORY OVERSIGHT. 459 V. JUSTIFICATION AND AUTHORITY. 464 CONCLUSION. 467 |
2016 |
| Joni Hersch , Jennifer Bennett Shinall |
SOMETHING TO TALK ABOUT: INFORMATION EXCHANGE UNDER EMPLOYMENT LAW |
165 University of Pennsylvania Law Review 49 (December, 2016) |
To avoid the appearance of sex discrimination that would violate Title VII of the Civil Rights Act, Equal Employment Opportunity Commission (EEOC) guidance coupled with a common misunderstanding of the law have resulted in little or no information about family status being provided in pre-employment interviews. To investigate whether concealing... |
2016 |
| David A. Green |
THE FALLACY OF LIBERAL DISCOVERY: LITIGATING EMPLOYMENT DISCRIMINATION CASES IN THE E-DISCOVERY AGE |
44 Capital University Law Review 693 (Fall, 2016) |
As part of the Civil Rights Act of 1964, the United States Congress enacted legislation that protects the employment of those who fall into protected categories of race, color, religion, sex, and national origin. Employees may sue their employers for violating Title VII of the Act if the employers fail or refuse to hire or to discharge any... |
2016 |
| Michelle Y. DiMaria |
THE FINE LINE EMPLOYERS WALK: IS IT A JUSTIFIED BUSINESS PRACTICE, OR DISCRIMINATION? |
6 American University Labor & Employment Law Forum 1 (2016) |
The focus on equal protection in employment and labor matters has steadily evolved in the United States in recent decades. This evolution has involved the Equal Employment Opportunity Commission (EEOC) increasing in power and authority to enforce employee protections, which has resulted in increased challenges to employers. Additionally, the... |
2016 |
| Joseph A. Dempewolf |
THROWING THE RED FLAG: A REVIEW OF THE NLRB'S FUMBLED DECISION REGARDING COLLEGIATE FOOTBALL PLAYERS AS EMPLOYEES [NORTHWESTERN UNIV., 362 N.L.R.B. NO. 167 (AUG. 17, 2015)] |
55 Washburn Law Journal 789 (Summer, 2016) |
College football is a sport that bears the same relation to education that bullfighting does to agriculture. - Elbert Hubbard, American Author Every Saturday in the fall, thousands of collegiate football players across the country lace up their cleats and put on their pads, ready to clash with the opposing team. Some play college football with the... |
2016 |
| Lu-in Wang |
WHEN THE CUSTOMER IS KING: EMPLOYMENT DISCRIMINATION AS CUSTOMER SERVICE |
23 Virginia Journal of Social Policy and the Law 249 (Fall, 2016) |
Introduction. 250 I. The Service Triangle: Beyond the Employer-Employee Dyad. 254 II. The Customer as King, the Worker as the Service, and Employment Discrimination as Customer Service. 262 A. The Customer as King. 263 B. The Worker as the Service. 265 C. The Culture of Customer Sovereignty and Harassment of Workers. 268 D. Employment... |
2016 |
| Maria Greco-Danaher |
WITH A LACK OF POLICY AND STAFF TRAINING, EMPLOYERS COULD FACE LIABILITY FOR A NONEMPLOYEE'S RACIAL BIAS |
18 Lawyers Journal 7 (May 27, 2016) |
Most - if not all - employers are aware that both federal and state laws preclude employment discrimination based upon the race or national origin of an employee, and know that illegal activity can include both discriminatory actions and biased statements. Most employers, however, are unaware that certain of those laws preclude discrimination by a... |
2016 |
| Timothy M. Snyder |
YOU'RE FIRED! A CASE FOR AGENCY MODERATION OF MACHINE DATA IN THE EMPLOYMENT CONTEXT |
24 George Mason Law Review 243 (Fall, 2016) |
Imagine a world where computer programs govern your entire work experience: from application, to promotion, to exit. These programs do not simply inform corporate Talent Management about you; they leverage complex algorithms to predict your future performance and make employment decisions that deeply affect you. Upon applying to a job, Talent... |
2016 |
| Rachel A. Spector |
"DIGNIFIED JOBS AT DECENT WAGES": REVIVING AN ECONOMIC EQUITY MODEL OF EMPLOYMENT DISCRIMINATION LAW |
36 Berkeley Journal of Employment and Labor Law 123 (2015) |
That crisis is born of the twin evils of racism and economic deprivation. They rob all people, Negro and white, of dignity, self-respect, and freedom. The original goal of equal employment opportunity laws - most importantly Title VII - was to increase economic opportunity for racial minorities by dismantling discriminatory barriers to attaining... |
2015 |
| Sabreena El-Amin |
ADDRESSING IMPLICIT BIAS EMPLOYMENT DISCRIMINATION: IS LITIGATION ENOUGH? |
2015 Harvard Journal on Racial and Ethnic Justice Online 1 (2015) |
After the election of America's first Black president, many commentators--of all races--began to exclaim that Black people have no more excuses for failure. For these commentators, this historical moment seemed to symbolize that all obstacles had been lifted and that persisting racial disparities had to be the result of agency issues within the... |
2015 |
| Joshua P. Thompson, Ralph W. Kasarda |
AT FIFTY, TITLE VII NEEDS A FACELIFT: TWO REFORMS THAT WOULD ENSURE TITLE VII WORKS TO PROHIBIT ALL RACIAL DISCRIMINATION IN EMPLOYMENT |
28 Journal of Civil Rights & Economic Development 257 (Fall 2015) |
Fifty years have elapsed since President Johnson signed the 1964 Civil Rights Act into law in one of the largest signing ceremonies ever held at the White House. Enacted only ten years after Brown v. Board of Education of Topeka, where the Supreme Court held that racially segregated public schools were unconstitutional, the legislation eliminated... |
2015 |
| Ingrid Cepero |
BANNING THE BOX: RESTRICTING THE USE OF CRIMINAL BACKGROUND CHECKS IN EMPLOYMENT DECISIONS IN SPITE OF EMPLOYERS' PREROGATIVES |
10 FIU Law Review 729 (Spring, 2015) |
People don't realize that all you want to do is have a normal life, and then there's the box you have to check on a job application. --Jamie Scott, convicted felon. Yolanda Quesada devoted her career at Wells Fargo as a customer service representative. She was awarded multiple recognition awards, service excellence pins, certificates of... |
2015 |
| Julie A. Totten , Michael W. Disotell |
BETWEEN THE POSSIBLE AND THE PLAUSIBLE: EMPLOYMENT LITIGATION IN THE WAKE OF TWOMBLY AND IQBAL |
31 ABA Journal of Labor & Employment Law 109 (Fall, 2015) |
Rule 8(a)(2) of the Federal Rules of Civil Procedure requires that plaintiffs plead each claim with a short and plain statement of the claim showing that the pleader is entitled to relief. For decades, plaintiffs were able to meet this pleading requirement by merely alleging the elements of a claim and then relying on discovery to unveil... |
2015 |
| John E. Rumel |
BEYOND NEXUS: A FRAMEWORK FOR EVALUATING K-12 TEACHER OFF-DUTY CONDUCT AND SPEECH IN ADVERSE EMPLOYMENT AND LICENSURE PROCEEDINGS |
83 University of Cincinnati Law Review 685 (Spring, 2015) |
Seldom does a week pass without the popular press reporting on teacher off-duty conduct or speech that causes a stir in the local community and triggers adverse employment or licensure consequences for K-12 teachers. In 2009, a Georgia teacher was forced to resign--an employment consequence which was later upheld by a court--after a parent objected... |
2015 |
| Wanjiru Njoya |
CORPORATE GOVERNANCE AND THE EMPLOYMENT RELATIONSHIP: THE FISSURED WORKPLACE IN CANADA AND THE UNITED KINGDOM |
37 Comparative Labor Law and Policy Journal 121 (Fall 2015) |
Since the early 1980s, a relentless process of vertical disintegration of enterprise has resulted in the fragmentation of work relationships through arrangements such as subcontracting, franchising, or networks of supply chains. Through these mechanisms, workers in positions of social subordination and economic dependence are classified as... |
2015 |
| Terrence Reed, Jacqueline Harding, William Kelly |
EMPLOYEE CLASS ACTIONS FOUR YEARS AFTER WAL-MART v. DUKES |
82 Defense Counsel Journal 255 (July, 2015) |
LAWSUITS arising out of the workplace are one of the fastest growing areas of litigation in the country today. The U.S. Supreme Court's decision in Wal-Mart Stores, Inc. v. Dukes was anticipated bring the growth of class actions in the employment context under control. In the immediate aftermath of Dukes, commentators predicted that the decision... |
2015 |
| J.H. Verkerke |
EMPLOYMENT REGULATION AND YOUTH EMPLOYMENT: A CRITICAL PERSPECTIVE |
38 Harvard Journal of Law & Public Policy 803 (Summer, 2015) |
An important body of legal and economic scholarship considers whether, and to what extent, employment regulations increase firms' firing costs and reduce their demand for labor. Researchers have debated this question for decades without reaching a definitive conclusion. In their contributions to this panel, Professor Heriot and Professor Epstein... |
2015 |
| Barak Ariel, Ilanit Tobby-Alimi, Irit Cohen, Mazal Ben Ezra, Yafa Cohen, Gabriela Sosinski |
ETHNIC AND RACIAL EMPLOYMENT DISCRIMINATION IN LOW-WAGE AND HIGH-WAGE MARKETS: RANDOMIZED CONTROLLED TRIALS USING CORRESPONDENCE TESTS IN ISRAEL |
9 Law & Ethics of Human Rights 113 (May, 2015) |
A rich body of literature on employment discrimination exists. Theoretically, discriminatory practices are explained by taste-based discrimination, differences in the bargaining ability of applicants or statistical discrimination. Global experimental research tends to show significant anti-minority attitudes in the hiring process,... |
2015 |
| Rosalie Berger Levinson |
GENDER EQUALITY VS. RELIGIOUS AUTONOMY: SUING RELIGIOUS EMPLOYERS FOR SEXUAL HARASSMENT AFTER HOSANNA-TABOR |
11 Stanford Journal of Civil Rights & Civil Liberties 89 (January, 2015) |
The Supreme Court in Hosanna-Tabor ruled that the Religion Clauses of the Constitution trump the right of ministerial employees to be free from discrimination in the workplace. Further, the ministerial exception is merely a subcategory of the broader ecclesiastical abstention or church autonomy doctrine, which forecloses any cause of action that... |
2015 |
| Chuck Henson |
IN DEFENSE OF MCDONNELL DOUGLAS: THE DOMINATION OF TITLE VII BY THE AT-WILL EMPLOYMENT DOCTRINE |
89 Saint John's Law Review 551 (Summer-Fall 2015) |
It has been said that within Title VII of the Civil Rights Act of 1964, Congress gave the moral principle of equality a foundation in national law. Taken as a statement of Title VII's purpose, such purpose anchors the persistent belief that Congress intended Title VII as a radical and permanent departure from the past. De jure and de facto... |
2015 |
| Michael L. Huggins |
NOT "FIT" FOR HIRE: THE UNITED STATES AND FRANCE ON WEIGHT DISCRIMINATION IN EMPLOYMENT |
38 Fordham International Law Journal 889 (April, 2015) |
Would I employ you if you were obese? No I would not. You would give the wrong impression to the clients of my business. I need people to look energetic, professional and efficient. If you are obese you look lazy. --Katie Hopkins, Former Apprentice Contestant INTRODUCTION. 890 I. WEIGHT DISCRIMINATION IN THE UNITED STATES. 897 A. Attitudes... |
2015 |
| Brett D. Baber |
PRETEXT: PROVING THE EMPLOYER'S DISCRIMINATORY INTENT THROUGH CIRCUMSTANTIAL EVIDENCE |
30 Maine Bar Journal 68 (Spring, 2015) |
It is the rare case when an employer declares an intent to discriminate. I am sorry, we did not hire you because you are black. You were not promoted because you are a woman. Mike, you're fired because you're just too old to work for us. Anne, we are transferring you to the mailroom because your asthma might get aggravated by working in the... |
2015 |
| LaDelle “DeDe” Davenport |
VANCE V. BALL STATE UNIVERSITY AND THE ILL-FITTED SUPERVISOR/CO-WORKER DICHOTOMY OF EMPLOYER LIABILITY |
52 Houston Law Review 1431 (Spring 2015) |
I. Introduction. 1432 II. Sexual Harassment Under Title VII and Employer Vicarious Liability. 1434 A. Title VII of the Civil Rights Act. 1434 B. EEOC Guidelines. 1436 C. Supreme Court Tailoring. 1437 1. Meritor Savings Bank, FSB v. Vinson. 1437 2. Burlington Industries, Inc. v Ellerth and Faragher v. City of Boca Raton. 1439 III. The Circuit Split... |
2015 |
| Dallan F. Flake |
WHEN ANY SENTENCE IS A LIFE SENTENCE: EMPLOYMENT DISCRIMINATION AGAINST EX-OFFENDERS |
93 Washington University Law Review 45 (2015) |
For the sixty-five million Americans with a criminal record, it is cruelly ironic that perhaps the most important resource for turning their lives around--employment--is also often the most elusive. Shut out from legitimate job opportunities, many ex-offenders resort to illegal means of survival that hasten their return to prison. Recidivism has... |
2015 |