| Author | Title | Citation | Summary | Year |
| 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 |
| Taylore Karpa |
"AN EQUAL OPPORTUNITY EMPLOYER": PROPOSED JUDICIAL AND LEGISLATIVE SOLUTIONS TO RESTRICT THE DISPARATE IMPACT CAUSED BY EMPLOYER USE OF CREDIT CHECKS |
49 New England Law Review 83 (Fall 2014) |
In today's society, prospective employees are subject to many different evaluative methods by employers when applying for a job. While most methods are narrowly tailored to the goal of determining whether an applicant is adequately qualified, studies show that this cannot be said for the information provided by credit checks. This Note discusses... |
2014 |
| Christopher Doty |
"BECAUSE OF SUCH INDIVIDUAL'S RACE": EMPLOYERS' USE OF CRIMINAL RECORDS AS UNLAWFUL EMPLOYMENT DISCRIMINATION |
44 Cumberland Law Review 79 (2013-2014) |
Like millions of other Americans in the last few years, the man that enters the department store is searching for steady employment. From his limited research on the retailer, he believes that he holds the job skills, education, and qualifications to perform the duties of the available positions the store currently offers. The sales clerk behind... |
2014 |
| Candice S. Thomas |
"FELONY" IS THE NEW N-WORD: STATISTICAL EVIDENCE TO MEASURE A DISPARATE IMPACT CLAIM FOR THE USE OF CRIMINAL RECORDS CHECKS IN EMPLOYMENT DECISIONS |
82 University of Cincinnati Law Review 1295 (Summer, 2014) |
The whites only signs may be gone, but new signs have gone up-notices placed in job applications . . . informing the general public that felons' are not wanted here. A criminal record today authorizes precisely the forms of discrimination we supposedly left behind-discrimination in employment[[.] For an employer, selecting the best candidate... |
2014 |
| Stephen M. Rich |
A MATTER OF PERSPECTIVE: TEXTUALISM, STARE DECISIS, AND FEDERAL EMPLOYMENT DISCRIMINATION LAW |
87 Southern California Law Review 1197 (July, 2014) |
When the Supreme Court rules on matters of statutory interpretation, it does not establish methodological precedents. The Court is not bound to follow interpretive practices employed in a prior case even if successive cases concern the same statute. Instead, the Court's interpretive practices may change without warning or explanation, and at... |
2014 |
| Sophia Z. Lee |
A REVOLUTION AT WAR WITH ITSELF? PRESERVING EMPLOYMENT PREFERENCES FROM WEBER TO RICCI |
123 Yale Law Journal 2964 (June, 2014) |
Two aspects of the constitutional transformation Bruce Ackerman describes in The Civil Rights Revolution were on a collision course, one whose trajectory has implications for Ackerman's account and for his broader theory of constitutional change. Ackerman makes a compelling case that what he terms reverse state action (the targeting of private... |
2014 |
| Aaron F. Nadich |
BAN THE BOX: AN EMPLOYER'S MEDICINE MASKED AS A HEADACHE |
19 Roger Williams University Law Review 767 (Summer 2014) |
Have you ever been convicted of a crime? This was one of the many questions that employers had traditionally included on employment applications to screen out applicants, even though such criteria was often irrelevant to the employer's vacant position. A check in the yes box next to this question could send an application directly to the... |
2014 |
| Johnathan J. Smith |
BANNING THE BOX BUT KEEPING THE DISCRIMINATION?: DISPARATE IMPACT AND EMPLOYERS' OVERRELIANCE ON CRIMINAL BACKGROUND CHECKS |
49 Harvard Civil Rights-Civil Liberties Law Review 197 (Winter, 2014) |
Introduction. 197 I. How Employers' Criminal Background Policies Can Violate Title VII's Disparate Impact Provision. 200 II. Federal Court Responses to Disparate Impact Challenges to Employers' Criminal Records Policies. 202 A. Favorable Treatments of Plaintiffs' Claims. 203 B. Negative Treatment of Plaintiffs' Claims. 204 III. The Impact of the... |
2014 |
| Kimani Paul-Emile |
BEYOND TITLE VII: RETHINKING RACE, EX-OFFENDER STATUS, AND EMPLOYMENT DISCRIMINATION IN THE INFORMATION AGE |
100 Virginia Law Review 893 (September, 2014) |
Introduction. 894 I. Criminal Records, Employment Discrimination, and the Background Checking Industry. 902 A. Criminal History Reports and Commercial Background Checking Companies. 903 B. Problems with Criminal History Reports. 907 C. Race Discrimination in Employment Through the Use of Criminal History Reports. 910 D. Race, Criminal History... |
2014 |
| Richard Thompson Ford |
BIAS IN THE AIR: RETHINKING EMPLOYMENT DISCRIMINATION LAW |
66 Stanford Law Review 1381 (June, 2014) |
Employment discrimination jurisprudence assumes that key concepts such as discrimination, intent, causation, and the various prohibited grounds of discrimination refer to discrete and objectively verifiable phenomena or facts. I argue that all of these concepts are not just poorly or ambiguously defined; most are not capable of precise... |
2014 |
| Steven L. Willborn |
COLLEGE ATHLETES AS EMPLOYEES: AN OVERFLOWING QUIVER |
69 University of Miami Law Review 65 (Fall 2014) |
This article discusses whether college athletes should be considered employees under a broad range of employment statutes. The central thesis is that, if college athletes are persistent, it is inevitable that some of them, somewhere, sometime, will be found to be employees. A major reason for this is that the basic rules for determining who is an... |
2014 |
| Tammy R. Pettinato |
DEFYING "COMMON SENSE?": THE LEGITIMACY OF APPLYING TITLE VII TO EMPLOYER CRIMINAL RECORDS POLICIES |
14 Nevada Law Journal 770 (Summer 2014) |
Many ex-offenders face steep odds when searching for employment. Policies banning or restricting employment opportunities for those with criminal records are widespread in both the public and private sectors. Furthermore, the number of employers checking criminal backgrounds is growing. Given the disproportionate number of African American and... |
2014 |
| Andrea J. Sinclair |
DELIMITING TITLE VII: REVERSE RELIGIOUS DISCRIMINATION AND PROXY CLAIMS IN EMPLOYMENT DISCRIMINATION LITIGATION |
67 Vanderbilt Law Review 239 (January, 2014) |
I. Introduction. 240 II. Anti-Discrimination Law and Constitutional Values. 243 A. A Crossroads of Constitutional Principles. 244 1. Religious Expression. 244 2. Privacy. 245 3. Equality. 245 B. Pursuing Equality: Title VII. 246 1. Traditional Title VII Claims. 247 2. Reverse Discrimination Claims. 248 3. Reverse Religious Discrimination Claims.... |
2014 |
| Stacey L. Pine |
EMPLOYMENT ARBITRATION AGREEMENTS AND THE FUTURE OF CLASS-ACTION WAIVERS |
4 American University Labor & Employment Law Forum 1 (2014) |
Nearly a century ago, Congress enacted the Federal Arbitration Act (FAA) to reverse the longstanding judicial hostility that existed towards arbitration agreements, and to encourage the use of arbitration as a means of reducing the excessive costs and delays commonly associated with litigation. As a result of the enactment of the FAA and numerous... |
2014 |
| Tammy R. Pettinato |
EMPLOYMENT DISCRIMINATION AGAINST EX-OFFENDERS: THE PROMISE AND LIMITS OF TITLE VII DISPARATE IMPACT THEORY |
98 Marquette Law Review 831 (Winter, 2014) |
I. Introduction. 832 II. The Collateral Consequences of Convictions. 834 A. Collateral Consequences Generally. 834 B. Particular Employment Consequences. 836 III. Disparate Impact Challenges To Criminal Records Exclusion Policies. 839 A. The New EEOC Enforcement Guidelines. 840 IV. Critiques of Disparate Impact Theory--Treatment in the Courts. 842... |
2014 |
| John Dayton, J.D., Ed. D. and Ann Elizabeth Blankenship, J.D., Ph. D. |
EMPLOYMENT DISCRIMINATION LAW: AN ANALYSIS OF THE IMPACT OF THE U.S. SUPREME COURT'S DECISION IN VANCE V. BALL STATE UNIVERSITY |
300 West's Education Law Reporter 713 (March 13, 2014) |
No one should have to endure employment discrimination or workplace harassment as a condition of making a living. These types of workplace misconduct may indulge the pathologies of office bigots and harassers, but they serve no legitimate workrelated purpose. Instead, employment discrimination and workplace harassment are the antithesis of... |
2014 |
| David Sherwyn, Michael Heise, Zev J. Eigen |
EXPERIMENTAL EVIDENCE THAT RETALIATION CLAIMS ARE UNLIKE OTHER EMPLOYMENT DISCRIMINATION CLAIMS |
44 Seton Hall Law Review 455 (2014) |
I. Introduction. 456 II. The Burden of Proof in Discrimination Cases under Title VII and the ADEA. 460 A. A Brief History. 461 B. The Current and Proposed State of Employment Discrimination Law. 473 III. Employer Retaliation. 475 A. The Law of Employer Retaliation. 479 B. The Supreme Court's Characterization of Employer Retaliation. 482 C.... |
2014 |
| Sara Chico, Esq. |
FEDERAL LABOR AND EMPLOYMENT LAW 2012-2013 TERM ANALYSIS |
5 University of Puerto Rico Business Law Journal 190 (2014) |
I. Introduction. 191 II. Administrative Law. 191 III. Alternative Dispute Resolution. 192 IV. Bankruptcy Automatic Stay. 193 V. Benefits. 194 VI. ERISA. 194 A. Attorney's Fees. 197 VII. Collective Bargaining. 199 VIII. Compensation. 200 A. Fair Labor Standards Act. 201 B. Distribution Tips. 202 IX. Workers' Compensation. 203 X. Discrimination. 204... |
2014 |
| Sansan Lin |
FREE TO RETALIATE: A PLAINTIFF MUST SHOW RETALIATION IS THE ONLY MOTIVATION FOR AN EMPLOYER'S RETALIATORY ACTION |
47 Loyola of Los Angeles Law Review 481 (2014) |
University of Texas Southwestern Medical Center v. Nassar, an employment discrimination case, was overshadowed in the media by other high-profile cases decided in the same three-day period. But the Supreme Court's 5-4 decision in Nassar will significantly weaken workers' rights and protections against discrimination in the workplace. An employee... |
2014 |
| Jessica L. Roberts |
HEALTHISM AND THE LAW OF EMPLOYMENT DISCRIMINATION |
99 Iowa Law Review 571 (January, 2014) |
Recently, several employers around the country announced they would no longer hire applicants who use nicotine, even off the clock. Just last year, one entity adopted a policy that it would not employ individuals classified as severely obese. Read together, nicotine and obesity bans can be understood as employer practices that... |
2014 |
| Jessica K. Fink |
IN DEFENSE OF SNOOPING EMPLOYERS |
16 University of Pennsylvania Journal of Business Law 551 (Winter 2014) |
In recent months, a plethora of states have turned their legislative attention to protecting employee privacy in the workplace, focusing specifically on passing state laws that protect the social media privacy of individuals in their states. Indeed, discussions of workplace privacy are everywhere nowadays: Media stories condemn employers' efforts... |
2014 |
| Sarah K. Starnes |
INTERVIEWING STRIPES INSTEAD OF SUITS: ADDRESSING THE INADEQUACY OF INDIANA'S CURRENT LEGISLATION AND HOW TO ASSIST EMPLOYERS IN EFFECTIVELY HIRING CONVICTED FELONS |
49 Valparaiso University Law Review 311 (Fall, 2014) |
David is the owner of a small retail business. He spends time and effort finding applicants who appear to be efficient and motivated workers who also fit in well with his current team of employees. Because his company is so small, David feels that he must be very careful and considerate when choosing whom he brings into his place of business. He... |
2014 |
| Robert Rachal, Page Griffin, Madeline Chimento Rea |
LABOR AND EMPLOYMENT AND ERISA CLASS ACTIONS AFTER WAL-MART AND COMCAST: A DEFENSE PERSPECTIVE |
29 ABA Journal of Labor & Employment Law 319 (Winter, 2014) |
In Wal-Mart Stores, Inc. v. Dukes, the Supreme Court reminded everyone that class actions are exception[s] to the usual rule that litigation is conducted by and on behalf of the individual named parties only, including in employment discrimination cases. To justify this exception to the usual rule, Wal-Mart requires courts to conduct a rigorous... |
2014 |
| Amy J. Zdravecky , Douglas A. Hass |
ON THE BORDER: THE NLRB'S ENTRY INTO IMMIGRATION ISSUES--THE EMPLOYER'S PERSPECTIVE |
29 ABA Journal of Labor & Employment Law 505 (Spring, 2014) |
Researchers estimate that, as of March 2010, there were approximately eight million undocumented workers employed in the United States. Existing immigration law makes it unlawful to knowingly, or with constructive knowledge, hire such workers. At the same time, the National Labor Relations Act (NLRA or Act) recognizes that undocumented workers have... |
2014 |
| Tanya Katerí Hernández |
ONE PATH FOR "POST-RACIAL" EMPLOYMENT DISCRIMINATION CASES--THE IMPLICIT ASSOCIATION TEST RESEARCH AS SOCIAL FRAMEWORK EVIDENCE |
32 Law & Inequality: A Journal of Theory and Practice 309 (Summer, 2014) |
To create new norms, you have to understand people's existing norms and barriers to change. You have to understand what's getting in their way. The 50th Anniversary of the Civil Rights Act of 1964 finds the status of civil rights in the United States at a critical juncture. The formal edifice of a civil rights structure precariously stands amidst... |
2014 |
| Lucas Loafman , Andrew Little |
RACE, EMPLOYMENT, AND CRIME: THE SHIFTING LANDSCAPE OF DISPARATE IMPACT DISCRIMINATION BASED ON CRIMINAL CONVICTIONS |
51 American Business Law Journal 251 (Summer, 2014) |
The disparate impact theory of discrimination under Title VII of the Civil Rights Act of 1964 is not new, yet it is taking on a different, more antagonistic dimension. Since the early 1970s it has been a recognized theory under which plaintiffs may seek redress for discriminatory practices. In addition, by the mid-1970s the courts recognized that... |
2014 |
| Michael Z. Green |
RETALIATORY EMPLOYMENT ARBITRATION |
35 Berkeley Journal of Employment and Labor Law 201 (2014) |
Introduction 202 I. Overwhelming Supreme Court Enforcement of Agreements to Arbitrate Statutory Employment Discrimination Claims. 206 A. The Civil Rights Act of 1991 and Gilmer v. Interstate/Johnson Lane Corp.. 206 B. The EEOC Response to Gilmer: 1997 Policy Statement on Mandatory Arbitration. 209 C. Circuit City Stores, Inc. v. Adams. 212 D. 14... |
2014 |
| Gregory S. Fisher , Erin “Faith” Rose |
SELLING ICE IN ALASKA: EMPLOYMENT PREFERENCES AND STATUTORY EXEMPTIONS FOR ALASKA NATIVE CORPORATIONS 40 YEARS AFTER ANCSA |
31 Alaska Law Review 1 (June, 2014) |
In 1971, Congress enacted the Alaska Native Claims Settlement Act (ANCSA) in order to settle land disputes between Alaska Natives and the federal government. ANCSA established Alaska Native Corporations (ANCs), which were tasked with managing settlement funds to provide for the health, education, and economic welfare of Alaska Natives. To enable... |
2014 |
| Jessica Ireton |
SOCIAL MEDIA: WHAT CONTROL DO EMPLOYERS HAVE OVER EMPLOYEE SOCIAL MEDIA ACTIVITY IN THE WORKPLACE? |
14 Houston Business and Tax Law Journal 144 (2014) |
I. Introduction. 145 II. Background: Historical Application of the NLRA. 46 A. The Right to Concerted Activity. 146 B. What is Lawfully Prohibited Behavior Under the NLRA?. 148 C. Testing the Limits of Protected Conduct: Atlantic Steel, the Jefferson Standard and Wright Line. 151 III. Analysis: Application of the NLRA to Social Media Cases. 153... |
2014 |
| Joseph Fishkin |
THE ANTI-BOTTLENECK PRINCIPLE IN EMPLOYMENT DISCRIMINATION LAW |
91 Washington University Law Review 1429 (2014) |
State legislatures and the Equal Opportunity Employment Commission (EEOC) have moved in parallel in recent years to provide new protections for the employment prospects of some surprising groups: people who are unemployed, people who have poor credit, and people with past criminal convictions. These new protections confound our usual theories of... |
2014 |
| Margo Schlanger , Pauline Kim |
THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND STRUCTURAL REFORM OF THE AMERICAN WORKPLACE |
91 Washington University Law Review 1519 (2014) |
In one of its most-watched recent cases, the United States Supreme Court struck down a class action alleging that Wal-Mart stores discriminated against female employees in pay and promotion decisions. The plaintiffs alleged that Wal-Mart's corporate culture and highly discretionary decision-making practices led to sex discrimination on a... |
2014 |