| Author | Title | Citation | Summary | Year |
| 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 |
| Michael Selmi |
THE EVOLUTION OF EMPLOYMENT DISCRIMINATION LAW: CHANGED DOCTRINE FOR CHANGED SOCIAL CONDITIONS |
2014 Wisconsin Law Review 937 (2014) |
Introduction. 937 I. The 1970s and the Development of Supreme Court Doctrine. 942 A. The Origins of Employment Discrimination Law. 942 B. The Political Backlash of the 1980s. 950 II. The Court's Recent Updating of the Doctrine. 953 A. Ledbetter v. Goodyear Tire: Rejecting the Continuing Violations Doctrine. 954 B. AT&T v. Hulteen and Lost Pension... |
2014 |
| Theresa M. Beiner |
THE MANY LANES OUT OF COURT: AGAINST PRIVATIZATION OF EMPLOYMENT DISCRIMINATION DISPUTES |
73 Maryland Law Review 837 (2014) |
After Congress enacted the first laws prohibiting employment discrimination in 1964, workplaces changed significantly. No longer could employers segregate workplaces based on race or sex. In many workplaces, workers who had been separated now worked side by side. One only need board an airline flight to realize how law can transform jobs and... |
2014 |
| Ernest F. Lidge III |
THE NECESSITY OF EXPANDING PROTECTION FROM RETALIATION FOR EMPLOYEES WHO COMPLAIN ABOUT HOSTILE ENVIRONMENT HARASSMENT |
53 University of Louisville Law Review 39 (2014) |
Our nation's employment discrimination laws contain an inherent contradiction. The law imposes a greater duty on employees to complain when they have suffered from a discriminatory hostile environment than when they have been subjected to a discriminatory tangible employment action. However, the anti-retaliation laws, as a practical matter, provide... |
2014 |
| Abigail L. Perdue , Gregory S. Parks |
THE NTH DECREE: EXAMINING INTRARACIAL USE OF THE N-WORD IN EMPLOYMENT DISCRIMINATION CASES |
64 DePaul Law Review 65 (Fall 2014) |
In 2012, rap moguls Jay-Z and Kanye West won a Grammy for their hit song Ni** as in Paris. In April 2013, Grammy award-winning music artist Rihanna posted a photo on Instagram of herself posing with a black toddler; she captioned it My lil nigga. A few months later, former NBA star Charles Barkley commented, I use the N- word. I'm going to... |
2014 |
| Andrea Giampetro-Meyer |
THE PROPER PLACE FOR INTELLECTUAL PROPERTY IN EMPLOYMENT DISCRIMINATION LAW |
25 George Mason University Civil Rights Law Journal 1 (Fall, 2014) |
Intellectual property law . . . [has] far too long . . .been cloaked by a presumption of race and gender neutrality. Every day, in companies across the United States, marketing professionals are making decisions about how to meet the needs of consumers in specific markets. How can a financial services company offer advice to African Americans who... |
2014 |
| W. Jonathan Cardi |
THE ROLE OF NEGLIGENCE DUTY ANALYSIS IN EMPLOYMENT DISCRIMINATION CASES |
75 Ohio State Law Journal 1129 (2014) |
I. Introduction. 1129 II. Duty Reasoning in Employment Discrimination Cases. 1131 A. The Nature of Duty in Tort Law. 1131 B. The Role of Duty Reasoning in Employment Discrimination Cases. 1135 1. Mixed-Motives Cases. 1135 2. Employment at Will. 1140 a. The Development of and Justifications for the Employment-at-Will Principle. 1142 b. Employment at... |
2014 |
| William B. Gould IV |
THE SUPREME COURT, JOB DISCRIMINATION, AFFIRMATIVE ACTION, GLOBALIZATION, AND CLASS ACTIONS: JUSTICE GINSBURG'S TERM |
36 University of Hawaii Law Review 371 (Spring, 2014) |
Thirty-three years ago, I called the October 1980 term of the Supreme Court Justice Brennan's Term, as he registered a number of important labor law dissents as well as authored some majority opinions. That term was just beginning to absorb the results of the 1968 elections, as a result of which President Richard M. Nixon was almost immediately... |
2014 |
| Theresa M. Beiner |
THE TROUBLE WITH TORGERSON: THE LATEST EFFORT TO SUMMARILY ADJUDICATE EMPLOYMENT DISCRIMINATION CASES |
14 Nevada Law Journal 673 (Summer 2014) |
Legal scholars have lamented the use of summary judgment by both courts and defendants in employment discrimination cases. In spite of court statements that employment discrimination cases are not well suited for summary judgment, summary judgment is often granted. Breaking its own precedent on this point, the Eighth Circuit recently has taken what... |
2014 |
| Joni Hersch , Blair Druhan Bullock |
THE USE AND MISUSE OF ECONOMETRIC EVIDENCE IN EMPLOYMENT DISCRIMINATION CASES |
71 Washington and Lee Law Review 2365 (Fall, 2014) |
Statistical analyses play an important role in employment discrimination cases, as the Supreme Court has long recognized. Regression analysis can help a plaintiff establish a claim of discrimination under Title VII of the Civil Rights Act of 1964 by showing that, even when controlling for relevant characteristics, individuals of a certain class... |
2014 |
| Trina Jones |
TITLE VII AT 50: CONTEMPORARY CHALLENGES FOR U.S. EMPLOYMENT DISCRIMINATION LAW |
6 Alabama Civil Rights & Civil Liberties Law Review 45 (2014) |
In June 2003, Jennifer Lu and eight other young adults of color filed a lawsuit against Abercrombie & Fitch (A&F) alleging that the clothing retailer had engaged in race, color, and national origin discrimination by refusing, among other things, to hire qualified African Americans, Latinos/as, and Asians to work on its sales floors as Brand... |
2014 |
| Matthew E. Blakely |
TITLE VII: DISCRIMINATORY USE OF TEST SCORES WATCHDOG EVOLUTION OF THE REGULATION OVER EMPLOYMENT TEST SCORE USAGE FROM 703(H) TO 703(L) |
44 Southwestern Law Review 27 (2014) |
More than 200 years ago, Declaration of Independence drafter Thomas Jefferson opined that an individual's positioning and classification in the fledgling nation should be based on a natural aristocracy of his or her virtues and talents. Proponents of general aptitude examinations, such as those used by universities, surmised that one's virtues... |
2014 |
| Lauren Timmons |
WHOSE ROLE IS IT ANYWAY? APPLYING TITLE VII TO EMPLOYERS' CRIMINAL CONVICTION RECORD POLICIES |
49 Wake Forest Law Review 609 (Summer 2014) |
In the United States, 87% of employers screen job applicants on the basis of their criminal conviction records, a practice that results in the performance of millions of criminal record checks each year. In addition, [o]ver 60 percent of employers indicate that they would probably not or definitely not be willing to hire an applicant with a... |
2014 |
| Hon. Bernice B. Donald, J. Eric Pardue |
BRINGING BACK REASONABLE INFERENCES: A SHORT, SIMPLE SUGGESTION FOR ADDRESSING SOME PROBLEMS AT THE INTERSECTION OF EMPLOYMENT DISCRIMINATION AND SUMMARY JUDGMENT |
57 New York Law School Law Review 749 (2012/2013) |
Almost fifty years ago, Congress passed the Civil Rights Act of 1964. An integral part of that monumental piece of legislation was Title VII, which prohibits discrimination in employment on the basis of race, color, national origin, religion, and sex. In 1991, Congress significantly amended Title VII, providing damage awards and the right to a jury... |
2013 |
| Amy Traub |
CREDIT REPORTS AND EMPLOYMENT: FINDINGS FROM THE 2012 NATIONAL SURVEY ON CREDIT CARD DEBT OF LOW- AND MIDDLE-INCOME HOUSEHOLDS |
46 Suffolk University Law Review 983 (2013) |
Today, it is common for employers to look at job applicants' credit history before making hiring decisions. Even a cursory look at a popular job-listing website reveals that employers require credit checks for jobs as diverse as doing maintenance work, offering telephone technical support, assisting in an office, working as a delivery driver,... |
2013 |
| Benjamin L. Ristau |
DYSFUNCTIONAL DISLOYALTY STANDARDS IN EMPLOYEE CRITICISM CASES |
63 Case Western Reserve Law Review 917 (Spring, 2013) |
Introduction. 917 I. The Roots of Employment Law and the Duty of Loyalty. 921 II. The Public Policy Exception and the Difference Between Pretext and Disloyalty Cases. 923 III. Disloyalty Standards Under the NLRA. 929 IV. The Problem of Reliance on Disloyalty. 936 V. An Objective, Burden-Shifting Solution. 939 Conclusion. 942 Paramedic Dawnmarie... |
2013 |
| Lamont E. Stallworth, Ph.D., Daniel J. Kaspar, Esq. |
EMPLOYING THE PRESIDENTIAL EXECUTIVE ORDER AND THE LAW TO PROVIDE INTEGRATED CONFLICT MANAGEMENT SYSTEMS AND ADR PROCESSES: THE PROPOSED NATIONAL EMPLOYMENT DISPUTE RESOLUTION ACT (NEDRA) |
28 Ohio State Journal on Dispute Resolution 171 (2013) |
I. Introduction II. Overt vs. Unconscious and Subtle Discrimination A. Research on Covert and Modern Discrimination B. Unconscious Discrimination C. Subtle Discrimination III. Factual Realities of Enforcement of Statutory Discrimination Laws IV. The Legal and Public Policy Context of ADR: ADR in the Workplace at a Crossroads A. Self-Regulation of... |
2013 |
| Dean J. Schaner, A. John Harper III |
EMPLOYMENT LAW |
45 Texas Tech Law Review 727 (Spring, 2013) |
I. Introduction. 728 II. Employment Discrimination Case Law Discussion and Analysis. 728 A. Discrimination and Retaliation-Title VII. 728 1. Black v. Pan American Laboratories, L.L.C.. 729 2. Yancy v. U.S. Airways, Inc.. 733 3. Turner v. Kansas City Southern Railway Co.. 734 4. Vaughn v. Woodforest Bank. 736 5. Wesley v. General Drivers,... |
2013 |
| Loftus C. Carson, II |
EMPLOYMENT OPPORTUNITIES AND CONDITIONS FOR THE AFRICAN-AMERICAN LEGAL PROFESSORIATE: PERSPECTIVES FROM THE INSIDE |
19 Texas Journal on Civil Liberties & Civil Rights 1 (Fall 2013) |
I. Introduction. 3 A. The Study. 6 B. The Importance of Racial Diversity in the Professoriate of American Law Schools. 8 II. Background. 11 A. Some Historical Perspective on Faculty Ethnicity in American Institutions of Higher Education. 11 B. An Overview of the Experiences of Higher Education Faculty of Color. 12 C. An Overview of the American Law... |
2013 |
| Kristin Sommers Czubkowski |
EQUAL OPPORTUNITY: FEDERAL EMPLOYEES' RIGHT TO SUE ON TITLE VII AND TORT CLAIMS |
80 University of Chicago Law Review 1841 (Fall, 2013) |
For three years, Donald Rochon experienced a systematic campaign of racial discrimination and harassment from his coworkers that extended far beyond their mutual workplace. In addition to being subjected to racially discriminatory stories regarding African Americans told by his coworkers, Rochon had his competence impugned behind his back, received... |
2013 |
| Hon. Mark W. Bennett |
ESSAY: FROM THE "NO SPITTIN', NO CUSSIN' AND NO SUMMARY JUDGMENT" DAYS OF EMPLOYMENT DISCRIMINATION LITIGATION TO THE ""DEFENDANT'S SUMMARY JUDGMENT AFFIRMED WITHOUT COMMENT" DAYS: ONE JUDGE'S FOUR-DECADE PERSPECTIVE |
57 New York Law School Law Review 685 (2012/2013) |
Nearly seventy-five years after its birth, the time has come to bury summary judgment. The funeral should be swift, dignified, and joyous. The autopsy would reveal that the cause of death was abuse and overuse by my federal judge colleagues. Summary judgment abuse and overuse occurs in all types of cases, but is especially magnified in employment... |
2013 |
| Michael A. Gregg |
IS AFFIRMATIVE ACTION OUT OF DATE? |
55-FEB Orange County Lawyer 12 (February, 2013) |
The U.S. Supreme Court is expected to rule in the case of Fisher v. Univ. of Tex. at Austin, 631 F.3d 213 (5th Cir. 2011), before the end of the J Court's term in late June 2013. The case involves a challenge to the consideration of race as a factor in admissions decisions at a public university, but a broad ruling prohibiting the consideration of... |
2013 |
| Kendall D. Isaac |
IS IT "A" OR IS IT "THE"? DECIPHERING THE MOTIVATING-FACTOR STANDARD IN EMPLOYMENT DISCRIMINATION AND RETALIATION CASES |
1 Texas A&M Law Review 55 (Fall 2013) |
The recent Supreme Court decision in University of Texas Southwestern Medical Center v. Nassar has brought exposure to a prevalent problem in employment discrimination and retaliation cases: there is great discrepancy in how plaintiffs have to prove and courts have to assess these claims. Depending on whether the case is based on discrimination or... |
2013 |
| Matthew A. Shapiro |
LABOR GOALS AND ANTIDISCRIMINATION NORMS: EMPLOYER DISCRETION, REASONABLE ACCOMMODATION, AND THE COSTS OF INDIVIDUALIZED TREATMENT |
32 Yale Law and Policy Review 1 (Fall 2013) |
Introduction. 2 I. Labor Goals and Title VII. 9 A. At-Will Employment, Employer Discretion, and Labor Goals. 10 B. Title VII's Consistency with Labor Goals. 16 1. Disparate Treatment. 17 2. Disparate Impact. 21 II. Labor Goals and the ADA. 25 A. The Tension Between the ADA's Accommodation Requirement and Labor Goals. 26 B. Addressing the Tension:... |
2013 |
| Garrett A. R. Yursza Warfield , David J. Rini |
NEW EEOC GUIDANCE: IMPLICATIONS FOR EX-OFFENDER REENTRY AND EMPLOYMENT, OR "IT IS HARD TO ARTICULATE THE MINIMUM QUALIFICATION FOR POSING A LOW RISK OF ATTACKING SOMEONE." |
95 Massachusetts Law Review 195 (October, 2013) |
Jackson served over ten years in Massachusetts state prisons for drug-related crimes he committed in his early 20s. While incarcerated, he participated in prison education programs and earned two college degrees. Upon his release and with the help of a close friend, Jackson was employed part-time as an advocate for other ex-prisoners reentering... |
2013 |
| Elizabeth Dunn |
NO LONGER A PAPER TIGER: THE EEOC AND ITS STATUTORY DUTY TO CONCILIATE |
63 Emory Law Journal 455 (2013) |
Congress created the Equal Employment Opportunity Commission to effectuate the ends of Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating on the basis of race, color, religion, sex, or national origin. To effectuate those ends, Congress vested the EEOC with authority to not only receive, investigate, and... |
2013 |
| Robert Sprague , Abigail E. Fournier |
ONLINE SOCIAL MEDIA AND THE END OF THE EMPLOYMENT-AT-WILL DOCTRINE |
52 Washburn Law Journal 557 (Summer, 2013) |
The increasing use of online social media platforms such as Facebook, Twitter, and LinkedIn has resulted in two important workplace trends: first, employees are communicating amongst themselves online and, being coworkers, those communications often involve work ; and second, employers are increasingly promulgating social media policies to restrict... |
2013 |
| Jill Hale |
PRIVATE EMPLOYERS & MINORITY PREFERENCES: WILL SOMETHING OTHER THAN A REMEDIAL JUSTIFICATION BE SUFFICIENT? |
55 South Texas Law Review 143 (Fall 2013) |
I. Introduction. 143 II. The Supreme Court's Approach to Affirmative Action. 145 A. Employers Under Title VII. 146 B. Education Under the Equal Protection Clause. 149 III. Non-remedial Justifications in the Workplace. 153 A. Moving Away from Non-remedial Justifications: The Effect of the Lower Standard Under Title VII and Management Prerogatives.... |
2013 |
| Hon. Denny Chin |
SUMMARY JUDGMENT IN EMPLOYMENT DISCRIMINATION CASES: A JUDGE'S PERSPECTIVE |
57 New York Law School Law Review 671 (2012/2013) |
Is summary judgment being unfairly granted in employment discrimination cases? Scholars and practitioners have put forth this proposition, as they have written about the apparent high failure rates of plaintiffs in opposing dispositive pretrial motions in employment discrimination cases. They have contended that: summary judgment is being granted... |
2013 |
| Emma Pelkey |
THE "NOT ME TOO" EVIDENCE DOCTRINE IN EMPLOYMENT LAW: COURTS' DISPARATE TREATMENT OF "ME TOO" VERSUS "NOT ME TOO" EVIDENCE IN EMPLOYMENT DISCRIMINATION CASES |
92 Oregon Law Review 545 (2013) |
Introduction. 546 I. Overview of Me Too Evidence. 547 II. Me Too Evidence in the Pre- Sprint Era. 548 III. The Supreme Court Weighs in on Me Too Evidence. 552 IV. Me Too and Not Me Too Evidence Post- Sprint. 553 A. Me Too Evidence. 553 B. Not Me Too Evidence. 557 C. Me Too vs. Not Me Too Evidence. 561 V. Why Are Courts Treating... |
2013 |
| Terence G. Connor, Kevin J. White |
THE CONSIDERATION OF ARREST AND CONVICTION RECORDS IN EMPLOYMENT DECISIONS: A CRITIQUE OF THE EEOC GUIDANCE |
43 Seton Hall Law Review 971 (2013) |
I. Introduction. 971 II. Employer Liability for Negligent Hiring. 974 III. An Overview of Title VII. 977 A. The Birth of Disparate Impact Theory. 979 B. The Narrowing of Disparate Impact Theory. 980 C. Congressional Reaction. 982 D. The Consideration of Criminal Records. 984 IV. The New EEOC Guidance. 990 A. Validity Studies. 991 B. The Green... |
2013 |
| Philip J. Moss, Esq. |
THE COST OF EMPLOYMENT DISCRIMINATION CLAIMS |
28 Maine Bar Journal 24 (Winter, 2013) |
Since passage of the Civil Rights Act of 1964, both the stares and the federal government have expanded the categories of prohibited employment discrimination to include race, color, creed, sex, age, religion, national origin, sexual orientation and genetic information. The passage of such legislation, in and of itself, is a statement that society... |
2013 |
| Suzette M. Malveaux |
THE JURY (OR MORE ACCURATELY THE JUDGE) IS STILL OUT FOR CIVIL RIGHTS AND EMPLOYMENT CASES POST-IQBAL |
57 New York Law School Law Review 719 (2012/2013) |
Five years after Bell Atlantic Corp. v. Twombly and three years after Ashcroft v. Iqbal, the question regarding the impact these seminal Supreme Court decisions are having on the vitality of employment discrimination and other civil rights cases remains. This question was posed at a symposium aptly titled Trial by Jury or Trial by Motion? Summary... |
2013 |
| Walker Newell |
THE LEGACY OF NIXON, REAGAN, AND HORTON: HOW THE TOUGH ON CRIME MOVEMENT ENABLED A NEW REGIME OF RACE-INFLUENCED EMPLOYMENT DISCRIMINATION |
15 Berkeley Journal of African-American Law & Policy 3 (2013) |
In this article, I explore the interaction between an alleged backlash against the Civil Rights Movement of the 1960s, the rise of tough on crime politics, the corresponding explosion in United States incarceration rates, and employment discrimination against individuals with criminal records. I begin by acknowledging scholars who charge that... |
2013 |
| Dustin Massie |
TOO SOON FOR EMPLOYERS TO CELEBRATE?: HOW PLAINTIFFS ARE PREVAILING POST-DUKES |
29 ABA Journal of Labor & Employment Law 177 (Fall, 2013) |
In 2000, after six years of positive performance reviews, Betty Dukes filed a sex discrimination claim against her employer, Wal-Mart, alleging it denied her the requisite training to advance to a higher-salaried position. In 2001, Betty Dukes, along with six other named plaintiffs, filed a Title VII class action on behalf of 1.5 million women who... |
2013 |
| William R. Corbett |
UNMASKING A PRETEXT FOR RES IPSA LOQUITUR: A PROPOSAL TO LET EMPLOYMENT DISCRIMINATION SPEAK FOR ITSELF |
62 American University Law Review 447 (February, 2013) |
Has too much tort law been incorporated into the case law under the federal employment discrimination statutes? The debate on this issue has been reinvigorated by the Supreme Court's decision in Staub v. Proctor Hospital. In Staub, the Court referred to the Uniformed Services Employment and Reemployment Rights Act, a federal employment... |
2013 |
| Ariana R. Levinson |
WHAT THE AWARDS TELL US ABOUT LABOR ARBITRATION OF EMPLOYMENT-DISCRIMINATION CLAIMS |
46 University of Michigan Journal of Law Reform 789 (Spring 2013) |
This Article contributes to the debate over mandatory arbitration of employment-discrimination claims in the unionized sector. In light of the proposed prohibition on union waivers in the Arbitration Fairness Act, this debate has significant practical implications. Fundamentally, the Article is about access to justice. It examines 160 labor... |
2013 |
| James Ruffin Lawrence, III |
"LET US NOW TRY LIBERTY": FREEING THE PRIVATE SECTOR TO TACKLE NORTH CAROLINA'S TOBACCO ADDICTION BY REINSTATING EMPLOYMENT FREEDOM OF CONTRACT |
90 North Carolina Law Review 510 (January, 2012) |
Introduction. 511 I. Why Employee Health Matters to Employers: Understanding the Rationale for Corporate Health and Wellness Programs. 517 A. The Role of Private Employers in Health Care Finance in the United States. 517 B. The Business Case for Health and Wellness Programs. 520 1. Health Care Market Dynamics and the Basic Business Case. 520 2. The... |
2012 |
| Ryan H. Nelson |
AFFIRMATIVE ACTION FOR LGBT APPLICANTS & EMPLOYEES: A PROPOSED REGULATORY SCHEME |
30 Hofstra Labor and Employment Law Journal 179 (Fall 2012) |
On March 6, 1961, President John F. Kennedy signed into law Executive Order 10,925, requiring certain government contractors to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. This was the genesis of affirmative action... |
2012 |
| John S. Collins |
ANOTHER HAIRBALL FOR EMPLOYERS? "CAT'S PAW" LIABILITY FOR THE DISCRIMINATORY ACTS OF CO-WORKERS AFTER STAUB V. PROCTOR HOSPITAL |
64 Baylor Law Review 908 (Fall, 2012) |
Eddie is an entry-level employee for a chemical company who has recently been transferred to a new plant. He is an African American man in his mid-thirties. Although Eddie was well liked by employees at the other plant, two of his new co-workers, Brad and David, have behaved strangely towards him ever since he arrived. Brad and David are both white... |
2012 |
| Marcia L. McCormick |
DECOUPLING EMPLOYMENT |
16 Lewis & Clark Law Review 499 (Summer 2012) |
The protected class approach to employment discrimination has not solved the problem of discrimination or of a just distribution of resources. Not only do race and sex prejudice continue to exist, but material and subjective disadvantage continues to be strongly linked to race and sex. While our laws have made social changes, progress on those... |
2012 |