| Author | Title | Citation | Summary | Year |
| Roberto Concepción, Jr. |
NEED NOT APPLY: THE RACIAL DISPARATE IMPACT OF PRE-EMPLOYMENT CRIMINAL BACKGROUND CHECKS |
19 Georgetown Journal on Poverty Law and Policy 231 (Spring, 2012) |
The current economic downturn, characterized by the most devastating recession in generations, continues to transform the employment application process into survival of the fittest. Employers are increasingly using criminal background checks, a permissible practice under the Fair Credit Reporting Act (FCRA), as a litmus test to weed out... |
2012 |
| Joe Mulligan |
NOT IN YOUR BACKYARD: OHIO'S PROHIBITION ON RESIDENCY REQUIREMENTS FOR POLICE OFFICERS, FIREFIGHTERS, AND OTHER MUNICIPAL EMPLOYEES |
37 University of Dayton Law Review 351 (Spring, 2012) |
I. Introduction. 352 II. Background. 355 A. Passage and Rationale for O.R.C. 9.481. 355 B. Events Leading Up to the Showdown at the Ohio Supreme Court. 358 C. The State Prevails at the Ohio Supreme Court. 359 D. How Other States in the Region Deal with Residency Requirements. 363 III. Issues. 366 A. O.R.C. 9.481 Overextended the Intended... |
2012 |
| Chika Duru |
OUT FOR BLOOD: EMPLOYMENT DISCRIMINATION, SICKLE CELL TRAIT, AND THE NFL |
9 Hastings Race and Poverty Law Journal 265 (Summer 2012) |
Introduction. 77 I. Sickle Cell trait, Sports, and People of African Descent. 80 II. Title VII of the Civil Rights Act of 1964 and Disparate Impact. 85 A. DisparateTreatment. 85 B. DisparateImpact. 86 III. Disparate Impact Liability for Sickle Cell Trait Testing in the NFL. 90 A. Business Necessity. 92 B. For Your Own Good. 93 C. Tort Liability as... |
2012 |
| Amy Myrick , Robert L. Nelson , Laura Beth Nielsen |
RACE AND REPRESENTATION: RACIAL DISPARITIES IN LEGAL REPRESENTATION FOR EMPLOYMENT CIVIL RIGHTS PLAINTIFFS |
15 NYU Journal of Legislation and Public Policy 705 (2012) |
Introduction. 707 I. Pro Se Litigation: Data and Past Findings. 708 II. Who Has a Lawyer? Racial Disparities in Representation. 713 A. Statistical Analysis. 713 B. Social Science Explanations for Racial Disparities in Lawyer Use. 720 III. The Pro Se Plaintiffs. 725 A. Billy Dee Did Not See His Case as a Legal Issue. 727 B. Chris Burns Could Not... |
2012 |
| Lisa Qi |
REACTION TO: HOW AFRICAN-AMERICANS CAN BETTER MANEUVER IN THE LABOR MARKET TO CLOSE THE BLACK-WHITE EMPLOYMENT AND INCOME GAPS |
4 Georgetown Journal of Law & Modern Critical Race Perspectives 203 (Fall, 2012) |
Shaba Nassar's How African-Americans Can Better Maneuver in the Labor Market to Close the black-white Employment and Income Gaps ambitiously aims to provide solutions to deeply-rooted racial inequalities between African Americans and whites in American society. Whites presently dominate the workforce, particularly among high-wage, primary... |
2012 |
| Katrina Liu |
REENTERING THE CITY OF BROTHERLY LOVE: EXPANDING EQUAL EMPLOYMENT PROTECTION FOR EX-OFFENDERS IN PHILADELPHIA |
22 Temple Political & Civil Rights Law Review 175 (Fall 2012) |
During World War II, Philadelphia was the site of a bitter race conflict when the Philadelphia Transportation Company (PTC) attempted to racially integrate its drivers. When an ensuing strike by white drivers threatened war production, President Franklin D. Roosevelt sent the army to operate trolleys and to oversee PTC's integration.... |
2012 |
| Kenneth G. Dau-Schmidt , Matthew Kelley |
SWIMMING IN THE CROSSCURRENTS OF HISTORY: LABOR AND EMPLOYMENT LAW UNDER THE OBAMA ADMINISTRATION |
87 Indiana Law Journal 1 (Winter, 2012) |
If there is anyone out there who still doubts that America is a place where all things are possible, who still wonders if the dream of our founders is alive in our time, who still questions the power of our democracy, tonight is your answer . . . . It's the answer spoken by young and old, rich and poor, Democrat and Republican, black, white,... |
2012 |
| Kerri Lynn Stone |
TAKING IN STRAYS: A CRITIQUE OF THE STRAY COMMENT DOCTRINE IN EMPLOYMENT DISCRIMINATION LAW |
77 Missouri Law Review 149 (Winter, 2012) |
A decision maker repeatedly used the word boy when addressing two African-American employees, who then did not receive a promotion for which they had applied. A Puerto Rican doctor whose employer did not renew her contract proffered testimony that her employer's Director of Clinical Services said, Dominican doctors were better than the other... |
2012 |
| Bradley A. Areheart |
THE ANTICLASSIFICATION TURN IN EMPLOYMENT DISCRIMINATION LAW |
63 Alabama Law Review 955 (2012) |
The distinction between antisubordination and anticlassification has existed since the 1970s and has been frequently invoked by scholars to advocate for certain readings of antidiscrimination law. The anticlassification principle prohibits practices that classify people on the basis of a forbidden category. In contrast, the antisubordination... |
2012 |
| Candace Hamilton Hester, Chris Meyer, Steven Raphael |
THE EVOLUTION OF GENDER EMPLOYMENT RATE DIFFERENTIALS WITHIN RACIAL GROUPS IN THE UNITED STATES |
41 Journal of Legal Studies 385 (June, 2012) |
This paper analyzes changes in gender employment rate (GER) differentials for whites and blacks in the United States from 1950 to 2008. We document the evolution of the GER gap, which narrows considerably within both racial groups and turns slightly negative for blacks. We document the changing employment levels that drive these patterns as well as... |
2012 |
| Beverley Earle , Gerald Madek , David Missirian |
THE LEGALITY OF PRE-EMPLOYMENT CREDIT CHECKS: A PROPOSED MODEL STATUTE TO REMEDY AN INEQUITY |
20 Virginia Journal of Social Policy and the Law 159 (Fall 2012) |
Does having bad credit mean that you will perform poorly as an employee? Does it mean you are more likely to engage in illegal conduct on the job? Is this true whether you are a controller for a small, privately-held business, an employee with a company travel card with a $5000 limit or a purchasing card with a $1000 limit, or a janitor who enters... |
2012 |
| Ashley M. Cross |
THE RIGHT TO REMAIN SILENT? GARCETTI v. CEBALLOS AND A PUBLIC EMPLOYEE'S REFUSAL TO SPEAK FALSELY |
77 Missouri Law Review 805 (Summer, 2012) |
In 2007, the Ethics Resource Center (ERC) reported that nearly sixty percent of public employees had witnessed at least one act of misconduct in the workplace within the past twelve months, with the highest levels reported in local governments. The most frequent transgressions observed included lying to employees, abusive behavior, and conflicts of... |
2012 |
| Alexandra Harwin |
TITLE VII CHALLENGES TO EMPLOYMENT DISCRIMINATION AGAINST MINORITY MEN WITH CRIMINAL RECORDS |
14 Berkeley Journal of African-American Law & Policy 2 (2012) |
For job applicants, questions about criminal history are ubiquitous. Nearly three quarters of employment applications inquire into an applicant's criminal background, and nearly half of employers routinely follow up with background checks. Criminal convictions of whatever kind and whatever vintage serve as an automatic bar to employment in... |
2012 |
| Charles A. Sullivan |
TORTIFYING EMPLOYMENT DISCRIMINATION |
92 Boston University Law Review 1431 (October, 2012) |
Introduction. 1432 I. Cat's Paw (aka Subordinate Bias) Liability. 1434 II. Staub's Recasting of Intent. 1450 III. Proximate Cause in Discrimination Cases. 1455 IV. Proximate Cause. 1459 V. Cognitive Bias. 1467 VI. Proximate Cause and Cognitive Bias. 1476 VII. Cognitive Bias in the Courtroom. 1480 Conclusion. 1483 |
2012 |
| Elizabeth J. Kennedy, J.D. |
WHEN THE SHOP FLOOR IS IN THE LIVING ROOM: TOWARD A DOMESTIC EMPLOYMENT RELATIONSHIP THEORY |
67 New York University Annual Survey of American Law 643 (2012) |
Introduction. 643 I. The Domestic Work Industry. 646 A. Industry Profile. 646 B. The Limitations of Employment Law in Regulating the Domestic Work Industry. 653 C. Distinguishing Domestic Work. 659 D. Building Power Through Alliances: Domestic Workers United. 664 II. Employment Relationship Theory and Domestic Work. 666 III. Domestic Employment... |
2012 |
| Rick Su |
WORKING ON IMMIGRATION: THREE MODELS OF LABOR AND EMPLOYMENT REGULATION |
51 Washburn Law Journal 331 (Spring 2012) |
The desire to tailor our immigration system to the economic interests of our nation is as old as its founding. Yet after more than two centuries of regulatory tinkering, we seem no closer to finding the right balance. Contemporary observers largely ascribe this failure to conflicts over immigration, from disagreements about its economic impact to... |
2012 |
| Meghan M. Sweeney |
"WE'D LOVE TO MATCH THEM, BUT...": HOW TEMPORARY EMPLOYMENT AGENCIES UNDERSTAND AND USE RACE AND ETHNICITY |
11 Connecticut Public Interest Law Journal 51 (Fall-Winter, 2011) |
This Article is a qualitative, empirical investigation of discrimination by temporary employment agencies. These agencies are important labor market intermediaries. But the ways in which they use race in making decisions about whether and how to place workers-as well as their understanding of anti-discrimination law-have never been studied. Many... |
2011 |
| Andrew Tae-Hyun Kim |
CULTURE MATTERS: CULTURAL DIFFERENCES IN THE REPORTING OF EMPLOYMENT DISCRIMINATION CLAIMS |
20 William & Mary Bill of Rights Journal 405 (December, 2011) |
Why don't reasonable people complain about discrimination? Behavioral science evidence points to structural barriers, like the fear of retaliation and the lack of sociocultural power in the workplace, that discourage employees from reporting. By not reporting perceived discriminatory or harassing conduct, the employee not only underutilizes Title... |
2011 |
| Ernest F. Lidge III |
DISPARATE TREATMENT EMPLOYMENT DISCRIMINATION AND AN EMPLOYER'S GOOD FAITH: HONEST MISTAKES, BENIGN MOTIVES, AND OTHER SINCERELY HELD BELIEFS |
36 Oklahoma City University Law Review 45 (Spring 2011) |
When does an employer's good faith constitute a defense to a charge of intentional employment discrimination? Suppose an employer terminates an employee because of an honest, but mistaken, belief that the employee stole merchandise. Or suppose an employer desires to hire a female but truly believes that if he does so, his customers will not... |
2011 |
| Michael Connett |
EMPLOYER DISCRIMINATION AGAINST INDIVIDUALS WITH A CRIMINAL RECORD: THE UNFULFILLED ROLE OF STATE FAIR EMPLOYMENT AGENCIES |
83 Temple Law Review 1007 (Summer 2011) |
Unlike discrimination on the basis of traditionally protected characteristics such as race, employer discrimination against ex-offenders can be justified by legitimate business needs. However, when employers fail to consider the job relatedness of a prior offense or the length of time since it occurred, the broadly shared interest in integrating... |
2011 |
| David A. Green |
FRIEND OR FOE: THE SUPREME COURT'S "PLAUSIBLE CLAIM" STANDARD PROVIDES ANOTHER BARRIER FOR PLAINTIFFS IN EMPLOYMENT DISCRIMINATION CASES |
39 Southern University Law Review 1 (Fall, 2011) |
An enormous discrepancy exists between the way we talk about equality in the abstract and the value as translated into laws and justice. Roy Wilkins We are not final because we are infallible, but infallible only because we are final. Justice Robert H. Jackson The Supreme Court should put a notice on all federal courthouse doors: STOP-ENTRANCE... |
2011 |
| Pat K. Chew |
JUDGES' GENDER AND EMPLOYMENT DISCRIMINATION CASES: EMERGING EVIDENCE-BASED EMPIRICAL CONCLUSIONS |
14 Journal of Gender, Race and Justice 359 (Spring 2011) |
Why did we think that women would transform institutions without simultaneously--or alternatively--being transformed by them . . .? Why did we believe that women appointed to positions of power would be representative of women as a group, rather than being those who most resemble the traditional incumbents and are thus considered least likely to... |
2011 |
| Robert B. Stulberg, Amy F. Shulman |
LITIGATING CROSS-BORDER DISCRIMINATION CLAIMS IN MULTIPLE JURISDICTIONS: A GLOBAL STRATEGY FOR EXPATRIATE EMPLOYEES |
27 ABA Journal of Labor & Employment Law 61 (Fall, 2011) |
Americans assigned or seconded to foreign jurisdictions often enjoy protection from discriminatory conduct under the laws of both their home and host countries. Faced with discriminatory conduct, that cannot be otherwise remedied, those employees often are best advised to pursue their claims in both jurisdictions. Such coordinated action has... |
2011 |
| Stephen A. Plass |
MANDATORY ARBITRATION AS AN EMPLOYER'S CONTRACTUAL PREROGATIVE: THE EFFICIENCY CHALLENGE TO EQUAL EMPLOYMENT OPPORTUNITY |
33 Cardozo Law Review 195 (October, 2011) |
During the past twenty years there has been a rebirth of liberty-of- contract jurisprudence in labor and employment law. This doctrine, which dominated legal theory at the turn of the twentieth century, has been widely discredited for its oppressive operation and its effects on workers. Adopted by the Supreme Court at the close of the nineteenth... |
2011 |
| Katayoun Alidadi |
OPENING DOORS TO MUSLIM MINORITIES IN THE WORKPLACE? FROM INDIA'S EMPLOYMENT QUOTA TO EU AND BELGIAN ANTI-DISCRIMINATION LEGISLATION |
23 Pace International Law Review 146 (Winter 2011) |
I. Introduction. 148 A. Organization of Paper. 151 II. Centrality of the Workplace and Perceived Contradictions with Religious Identity. 152 III. Setting the Context: Muslims, A Religious Minority in Europe and in India. 155 A. Introduction. 155 B. Muslims in Europe and Belgium. 157 1. Composition and Background. 157 2. Socio-Economic Situation of... |
2011 |
| Andrew Brenton |
OVERCOMING THE EQUAL PAY ACT AND TITLE VII: WHY FEDERAL SEX-BASED EMPLOYMENT DISCRIMINATION LAWS SHOULD BE REPLACED WITH A SYSTEM FOR ACCREDITING EMPLOYERS FOR THEIR ANTIDISCRIMINATORY EMPLOYMENT PRACTICES |
26 Wisconsin Journal of Law, Gender & Society 349 (Fall 2011) |
Introduction. 350 I. The Equal Pay Act and Title VII of the Civil Rights Act of 1964 Purport to Promote Pay Equity Between the Sexes and Equal Employment Opportunities for Women. 352 A. The Equal Pay Act requires that employees be paid equally for equal work, regardless of sex. 352 B. Title VII of the Civil Rights Act of 1964 prohibits... |
2011 |
| Charles A. Sullivan |
PLAUSIBLY PLEADING EMPLOYMENT DISCRIMINATION |
52 William and Mary Law Review 1613 (April, 2011) |
The Supreme Court's unanimous 2002 decision in Swierkiewicz v. Sorema N.A., which took a very permissive approach to pleading discrimination claims, may or may not remain good law after Ashcroft v. Iqbal. As is well known, Iqbal took a restrictive approach to pleading generally under the Federal Rules of Civil Procedure, and its application to... |
2011 |
| David A. Lacy , Alexandra S. Ray |
RECKONING WITH EMPLOYMENT DISCRIMINATION IN A "POST RACIAL" ERA |
26 Journal of Civil Rights & Economic Development 41 (Fall 2011) |
Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. In this statement, Dr. Martin Luther King Jr. explains the fundamental need to achieve equality in society, and recognizes that discrimination, in... |
2011 |
| Anastasia Niedrich |
REMOVING CATEGORICAL CONSTRAINTS ON EQUAL EMPLOYMENT OPPORTUNITIES AND ANTI-DISCRIMINATION PROTECTIONS |
18 Michigan Journal of Gender & Law 25 (2011) |
Introduction 26 I. Title VII, Past and Present 32 A. The History and Intent Behind Title VII and the Categorical Approach 32 B. Title VII: The Statute 35 II. Federal Case Precedents Illustrating the Flaws of Title VII's Categorical Approach 38 A. Defining the Because of Sex Provision 40 B. Sex Stereotyping Discrimination--Pre-Price... |
2011 |
| Kerri Lynn Stone |
SHORTCUTS IN EMPLOYMENT DISCRIMINATION LAW |
56 Saint Louis University Law Journal 111 (Fall 2011) |
Are employment discrimination plaintiffs viewed by society and by judges with an increased skepticism? This Article urges that the same actor inference, the stray comment doctrine, and strict temporal nexus requirements, as courts have applied them, make up a larger and dangerous trend in the area of employment discrimination jurisprudence--that of... |
2011 |
| Joseph Lipps |
STATE LIFESTYLE STATUTES AND THE BLOGOSPHERE: AUTONOMY FOR PRIVATE EMPLOYEES IN THE INTERNET AGE |
72 Ohio State Law Journal 645 (2011) |
I. Introduction. 645 II. Background. 646 III. Off-Duty Protection Statutes. 654 A. Colorado. 655 B. North Dakota. 657 C. New York. 659 D. California. 661 E. Connecticut. 664 IV. Comparison of Off-Duty Statutes. 665 V. Competing Policy Implications of Off-Duty Statutes. 667 A. Opposition to Off-Duty Protection. 668 B. Benefits of Off-Duty... |
2011 |
| John B. Lough Jr. |
TEST RESULTS |
33-FEB Los Angeles Lawyer 32 (February, 2011) |
WRITTEN EXAMS can serve as a legitimate gatekeeper into many careers, but they also have a nefarious history of being used to keep out minorities. As Justice Ruth Bader Ginsburg observed in Ricci v. DeStefano, Firefighting is a profession in which the legacy of racial discrimination casts an especially long shadow. While exams can remove nepotism... |
2011 |
| Mildred Wigfall Robinson |
THE CURRENT ECONOMIC SITUATION AND ITS IMPACT ON GENDER, RACE, AND CLASS: THE LEGACY OF RACED (AND GENDERED) EMPLOYMENT |
14 Journal of Gender, Race and Justice 431 (Spring 2011) |
In November 2009, American joblessness soared to 10.2%, the highest unemployment rate reported in a quarter century. The present unemployment rate continues to hover near 10%. More than 15 million Americans are encompassed within this percentage. Moreover, available data suggest that the number of unemployed is actually significantly higher than 15... |
2011 |
| Corey A. Ciocchetti |
THE EAVESDROPPING EMPLOYER: A TWENTY-FIRST CENTURY FRAMEWORK FOR EMPLOYEE MONITORING |
48 American Business Law Journal 285 (Summer, 2011) |
Employers and employees have a love-hate relationship with technology. Both love the benefits of sophisticated hardware and software in a competitive global marketplace. Employees hate that the same technology tethers them to the workplace and records their electronic footprint. Employers hate the potential for liability, distraction, and lost... |
2011 |
| Sharona Hoffman |
THE IMPORTANCE OF IMMUTABILITY IN EMPLOYMENT DISCRIMINATION LAW |
52 William and Mary Law Review 1483 (April, 2011) |
This Article argues that recent developments in employment discrimination law require a renewed focus on the concept of immutable characteristics. In 2009, two new laws took effect: the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act Amendments Act (ADAAA). This Article's original contribution is an... |
2011 |
| David Freeman Engstrom |
THE LOST ORIGINS OF AMERICAN FAIR EMPLOYMENT LAW: REGULATORY CHOICE AND THE MAKING OF MODERN CIVIL RIGHTS, 1943-1972 |
63 Stanford Law Review 1071 (May, 2011) |
By the time Congress enacted Title VII of the Civil Rights Act of 1964, roughly two dozen states had already passed fully enforceable employment discrimination laws and engaged in nearly two decades worth of enforcement efforts. But this early state-level scheme was very different from what most lawyers know as Title VII. Title VII vests primary... |
2011 |
| Andrew Kenny |
THE MEANING OF "BECAUSE" IN EMPLOYMENT DISCRIMINATION LAW: CAUSATION IN TITLE VII RETALIATION CASES AFTER GROSS |
78 University of Chicago Law Review 1031 (Summer, 2011) |
There are several employment discrimination statutes that together seek to safeguard equality in the workplace. Title VII of the Civil Rights Act of 1964 addresses discrimination based on race, color, religion, sex, or national origin. The Age Discrimination in Employment Act of 1967 (ADEA) addresses age discrimination. Both statutes make it... |
2011 |
| William R. Corbett |
WHAT IS IN GINA'S GENES? THE CURIOUS CASE OF THE MUTANT-HYBRID EMPLOYMENT LAW |
64 Oklahoma Law Review 1 (Fall, 2011) |
I. Announcing the Discovery of a Mutation. 1 II. The Improbable Enactment of a Mutant Antidiscrimination Law. 4 A. GINA as a Mutant Antidiscrimination Law. 4 B. Enactment Without the Usual Pedigree of an Antidiscrimination Law. 6 III. Improbable Enactment of a Hybrid Antidiscrimination/Privacy Law. 8 A. GINA as a Hybrid Antidiscrimination/Privacy... |
2011 |
| Katherine R. Morelli |
A MISGUIDED REVERSAL: WHY THE OKLAHOMA SUPREME COURT SHOULD NOT HAVE INTERPRETED SAINT V. DATA EXCHANGE, INC. TO PROVIDE A BURK TORT CAUSE OF ACTION TO PLAINTIFFS ALLEGING AGE DISCRIMINATION IN EMPLOYMENT |
62 Oklahoma Law Review 329 (Winter, 2010) |
Terminable at-will employment theoretically benefits both the employer and employee for a number of reasons, but principally because each party has an equal right to end the employment relationship whenever he or she desires without facing any legal consequences. Society also benefits from such an employment arrangement by avoiding the litigation... |
2010 |
| Michael Subit |
A PLAINTIFFS' EMPLOYMENT LAWYER'S PERSPECTIVE ON RICCI v. DESTEFANO |
25 ABA Journal of Labor & Employment Law 199 (Winter, 2010) |
Editors' Note: This Article is a further discussion of Ricci v. DeStefano, one of the closely decided employment cases from the 2008-2009 Term of the United States Supreme Court that was analyzed earlier in this issue by Kenneth G. Dau-Schmidt and Todd Dvorak. Strictly speaking, Ricci v. DeStefano is a victory for employees. The plaintiffs won... |
2010 |
| Katlin L. Connelly |
ACTIONS ON THE BASIS OF RACE ARE IMPERMISSIBLE UNDER TITLE VII UNLESS THE EMPLOYER CAN SHOW A STRONG BASIS IN EVIDENCE THAT IF ACTION WAS NOT TAKEN, THE EMPLOYER WOULD BE HELD LIABLE UNDER THE DISPARATE-IMPACT STATUTE: RICCI v. DESTEFANO |
48 Duquesne Law Review 673 (Summer, 2010) |
Civil Rights--Title VII--Disparate-Impact--Disparate-Treatment--The United States Supreme Court held that race based actions that would otherwise amount to disparate treatment discrimination are impermissible under Title VII, unless the employer can demonstrate a strong-basis-in-evidence that, if the employer did not take the action, liability... |
2010 |
| David R. Mellon , Shareholder, Sirote & Permutt PC |
ANALYZING AND RESPONDING TO THE IMPACT OF NEW EMPLOYMENT REGULATIONS AND DECISIONS |
2010 Aspatore 3253663 (August, 2010) |
The following are recent employment law cases worthy of note. The year 2009 had some truly landmark cases come from the U.S. Supreme Court. For example, Ricci, v. DeStefano, 129 S. Ct. 2658 (2009); 14 Penn Plaza LLC v. Pyett, 129 S. Ct. 1456 (2009); Gross v. FBL Fin.Servs. Inc., 129 S. Ct. 2343 (2009); Crawford v. Metro. Gov't of Nashville &... |
2010 |
| Yongdan Li |
APPLYING THE DOCTRINE OF UNCONSCIONABILITY TO EMPLOYMENT ARBITRATION AGREEMENTS, WITH EMPHASIS ON CLASS ACTION/ARBITRATION WAIVERS |
31 Whittier Law Review 665 (Summer 2010) |
As a response to developments in employment law that favored employees in court, and the cost of employment litigation, many employers have imposed mandatory arbitration on employees. Arbitration agreements between employers and employees are usually mandatory in that employees, in order to be hired, must agree to arbitrate the types of legal... |
2010 |
| David B. Oppenheimer |
CALIFORNIA'S ANTI-DISCRIMINATION LEGISLATION, PROPOSITION 14, AND THE CONSTITUTIONAL PROTECTION OF MINORITY RIGHTS: THE FIFTIETH ANNIVERSARY OF THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT |
40 Golden Gate University Law Review 117 (Winter 2010) |
Fifty years ago, in 1959, the State of California outlawed racial discrimination in employment. But it took the California Legislature four more years to prohibit racial discrimination in private housing, and the immediate response was a successful campaign by the real-estate industry to repeal the law through a voter initiative. This essay tells... |
2010 |
| Nicholas M. Strohmayer |
DRAWING THE LINE: NISWANDER'S BALANCE BETWEEN EMPLOYER CONFIDENTIALITY INTERESTS AND EMPLOYEE TITLE VII ANTI-RETALIATION RIGHTS |
95 Iowa Law Review 1037 (March, 2010) |
Employer confidentiality policies involve an employee's promise not to share information deemed confidential by an employer. Breaching these confidentiality promises involves serious consequences, including discharge. In certain circumstances, employees may breach the confidentiality policy for legitimate reasons. In Niswander v.... |
2010 |
| Harry G. Hutchison |
EMPLOYEE FREE CHOICE OR EMPLOYEE FORGED CHOICE? RACE IN THE MIRROR OF EXCLUSIONARY HIERARCHY |
15 Michigan Journal of Race and Law 369 (Spring 2010) |
The Employee Free Choice Act (EFCA) is arguably the most transformative piece of labor legislation to come before Congress since the enactment of the National Labor Relations Act of 1935 (NLRA). Putting the potential impact of the EFCA in historical perspective, one commentator contends that the NLRA marked the culmination of a systematic effort of... |
2010 |
| Tanya Katerí Hernández |
EMPLOYMENT DISCRIMINATION IN THE ETHNICALLY DIVERSE WORKPLACE |
49 Judges' Journal 33 (Fall, 2010) |
Racial integration has long been the touchstone of racial progress in the workplace. But integration is only the beginning of the struggle to end racial discrimination. As workplaces become more diverse, they do not necessarily become less racially discriminatory. Diverse workplaces may be characterized by antagonism between people of different... |
2010 |
| Alicia Luke |
EMPLOYMENT DISCRIMINATION LITIGATION: SOCIAL SCIENCE EVIDENCE AND A SOLUTION FOR THE PROBLEM OF PRESUMPTIONS |
29 Temple Journal of Science, Technology & Environmental Law 75 (Spring 2010) |
The presumptions underlying employment discrimination claims have undergone an immense shift since the Civil Rights Act (Title VII) of 1964 was first enacted. Title VII made it illegal for an employer to make hiring, termination, or other employment decisions such as wages or promotions, based on an employee's race, color, religion, sex, or... |
2010 |
| Maria Fleisher |
EMPLOYMENT LAW--TITLE VII--FIRE DEPARTMENT MUST ENFORCE TEST RESULTS THAT OPERATED TO EXCLUDE MOST MINORITIES FROM GETTING PROMOTIONS. RICCI v. DESTEFANO, 129 S. CT. 2658 (2009) |
40 Cumberland Law Review 301 (2009-2010) |
The Supreme Court addressed reverse discrimination and Tide VII of the Civil Rights Act of 1964 in Ricci v. DeStefano. In Ricci, the petitioner, Frank Ricci, and several other firefighters from the New Haven, Connecticut Fire Department, brought suit against the City of New Haven (the City) and several city officials after the City chose to discard... |
2010 |
| Stacy A. Hickox |
ENSURING ENFORCEABILITY AND FAIRNESS IN THE ARBITRATION OF EMPLOYMENT DISPUTES |
16 Widener Law Review 101 (2010) |
Private arbitration of employment law claims has become common in recent years. The United States Supreme Court has shown a strong preference for requiring that an employee pursue an employment claim through an arbitration program rather than seeking to enforce her rights in court. At the same time, legislation has been introduced to try to protect... |
2010 |