AuthorTitleCitationSummaryYear
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
Darcy M. Pottle FEDERAL EMPLOYER SANCTIONS AS IMMIGRATION FEDERALISM 16 Michigan Journal of Race and Law 99 (Fall 2010) Introduction. 990 I. IRCA's Employer Sanctions: From Punishment to Decentralization of Power. 105 A. A Brief History of IRCA's Employer Sanctions. 105 B. Employers as Private Immigration Screeners. 112 1. The I-9 Process. 114 2. E-Verify: An Attempt to Salvage Work Authorization Verification. 116 II. Federal Exclusivity in Immigration Enforcement.... 2010
Brian S. Clarke GROSSLY RESTRICTED PLEADING: TWOMBLY/IQBAL, GROSS, AND CANNIBALISTIC FACTS IN COMPOUND EMPLOYMENT DISCRIMINATION CLAIMS 2010 Utah Law Review 1101 (2010) Over its last three terms, the United States Supreme Court has drastically altered the pleading standards for civil actions. Beginning in Bell Atlantic Corp. v. Twombly, and concluding with Ashcroft v. Iqbal, the Court redefined the requirements of notice pleading under Federal Rule of Civil Procedure 8(a)(2) and the standard of review on motions... 2010
Dan L. Schaap, Kelln A. Zimmer, Alicia Q. Currin-Moore, Edward D. Dowdy LABOR AND EMPLOYMENT 42 Texas Tech Law Review 781 (Spring, 2010) This Article will address the Fifth Circuit's decisions from June 1, 2008 to June 30, 2009 involving civil rights and anti-discrimination statutes; federal disability, age, and benefit legislation; federal wage, hour, and benefit laws; and labor relations. The Article only covers published decisions, and while it attempts to thoroughly review labor... 2010
Janet Ainsworth LANGUAGE, POWER, AND IDENTITY IN THE WORKPLACE: ENFORCEMENT OF 'ENGLISH-ONLY' RULES BY EMPLOYERS 9 Seattle Journal for Social Justice 233 (Fall/Winter, 2010) In recent years, the American workplace has mirrored American society in its increasing ethnic diversity. Employers have responded to this diversity in the workforce in various ways, sometimes embracing it as a valuable resource for entrepreneurial success in the modern world, but other times seeking to suppress it in favor of maintaining a... 2010
Ariana R. Levinson LEGAL ETHICS IN THE EMPLOYMENT LAW CONTEXT: WHO IS THE CLIENT? 37 Northern Kentucky Law Review 1 (2010) The question is: Who is the client? Many ethical decisions attorneys must make emanate from this basic question. Thus, for those employment lawyers who represent, interact with, or sue unions or corporations, it is important to understand who the client is for different purposes such as representation, the attorney-client privilege, and ex parte... 2010
Patrick S. Shin LIABILITY FOR UNCONSCIOUS DISCRIMINATION? A THOUGHT EXPERIMENT IN THE THEORY OF EMPLOYMENT DISCRIMINATION LAW 62 Hastings Law Journal 67 (November, 2010) Recent scholarship in employment discrimination law has wrestled with the problem of unconscious bias and its implications for antidiscrimination law. This Article addresses what some might regard as a naïve question: Should actions influenced by unconscious bias be regarded as discrimination under Title VII? The question might be considered naïve... 2010
Jennifer Dianne Thomas MANDATORY WELLNESS PROGRAMS: A PLAN TO REDUCE HEALTH CARE COSTS OR A SUBTERFUGE TO DISCRIMINATE AGAINST OVERWEIGHT EMPLOYEES? 53 Howard Law Journal 513 (Winter 2010) In many ways, social conditioning in American society silently encourages a palpable level of disdain for overweight individuals. Overweight members of our society face discrimination that is open, obvious, and wonted. In the workplace, overweight yet equally qualified applicants are: less likely to be hired; [p]erceived as unfit for jobs... 2010
Emily J. Carson OFF THE RECORD: WHY THE EEOC SHOULD CHANGE ITS GUIDELINES REGARDING EMPLOYERS' CONSIDERATION OF EMPLOYEES' CRIMINAL RECORDS DURING THE HIRING PROCESS 36 Journal of Corporation Law 221 (Fall 2010) I. Introduction. 222 II. Background. 222 A. The Use of Criminal Records During the Hiring Process Has a Disparate Impact on Minority Applicants. 223 B. The EEOC's Origins and Authority Regarding Title VII. 224 C. The EEOC's Current Guidelines Regarding Employers' Use of Criminal Records During the Hiring Process. 226 III. Analysis. 227 A. The... 2010
Katerina Linos PATH DEPENDENCE IN DISCRIMINATION LAW: EMPLOYMENT CASES IN THE UNITED STATES AND THE EUROPEAN UNION 35 Yale Journal of International Law 115 (Winter 2010) I. Introduction. 116 II. Theoretical Framework. 120 A. Path Dependence in Markets, Legislatures, and Courts. 122 B. Examining Path-Dependent Processes Empirically. 124 C. EU and U.S. Doctrine in Context. 126 1. Citizens' Attitudes Toward Minority Groups. 127 2. Courts in the United States and the European Union. 129 3. Other Differences. 131 III.... 2010
Roberto Concepción, Jr. PRE-EMPLOYMENT CREDIT CHECKS: EFFECTUATING DISPARATE IMPACT ON RACIAL MINORITIES UNDER THE GUISE OF JOB-RELATEDNESS AND BUSINESS NECESSITY 12 Scholar: St. Mary's Law Review on Minority Issues (Spring 2010) I. Introduction. 524 II. The Fair Credit Reporting Act: The Backdrop of a Discriminatory Employment Practice. 527 III. Effectuating Disparate Impact Under the Guise of Job-Relatedness and Business Necessity. 529 A. Disparate Impact of Pre-Employment Credit Checks on Racial Minorities. 530 B. Pre-Employment Credit Checks Are Neither Job-Related nor... 2010
Elise M. Bloom , Partner and Co-Chair, Labor & Employment Law Department, Proskauer Rose LLP RESPONDING TO KEY CHANGES IN EMPLOYMENT LAW 2010 Aspatore 282922 (January, 2010) The Supreme Court was asked to render decisions in several notable employment law cases in 2009, including: Locke v. Karass, 129 S. Ct. 798 (2009): Whether union requirements that non-member employees pay a service fee through a pooling arrangement, which is used to fund litigation that may not specifically be for the benefit of those nonmembers,... 2010
Kenneth G. Dau-Schmidt , Todd Dvorak REVIEW OF LABOR AND EMPLOYMENT DECISIONS FROM THE UNITED STATES SUPREME COURT'S 2008-2009 TERM 25 ABA Journal of Labor & Employment Law 107 (Winter, 2010) In its most recently completed Term, the United States Supreme Court decided eight labor and employment law cases of some consequence. The decided cases covered a broad array of labor and employment subjects, including: the Employee Retirement Income Security Act (ERISA), Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination... 2010
Katie R. Kormanyos RICCI V. DESTEFANO: HOW THE SUPREME COURT MUDDLED EMPLOYMENT DISCRIMINATION LAW AND DOOMED EMPLOYERS TO COSTLY LITIGATION 41 University of Toledo Law Review 975 (Summer 2010) IN June 2009, the United States Supreme Court created headlines nationwide when it handed down a decision favoring white firefighters who had brought a Title VII race discrimination action against the city of New Haven, Connecticut. The Court's decision was widely anticipated. Writing for the majority, Justice Anthony Kennedy claimed that the... 2010
Thomas J. Davis, Arizona State University ROBERT SAMUEL SMITH, RACE, LABOR, & CIVIL RIGHTS: GRIGGS versus DUKE POWER AND THE STRUGGLE FOR EQUAL EMPLOYMENT OPPORTUNITY, BATON ROUGE: LOUISIANA STATE UNIVERSITY PRESS, 2008. PP. X + 234. $37.50 (ISBN 978-0-8071-3363-7) 28 Law and History Review 293 (February, 2010) Jobs have been crucial to freedom in modern societies based on producing and acquiring property. The famed August 1963 March on Washington for Jobs and Freedom in its title emphasized the crucial connection in the United States. Exploitation and exclusion of black labor, reaching back to slavery and advancing through Jim Crow segregation and... 2010
Angela Onwuachi-Willig TEACHING EMPLOYMENT DISCRIMINATION 54 Saint Louis University Law Journal 755 (Spring 2010) Teaching civil rights to this generation's law students can come with its own unique challenges. For many of these students, civil rights struggles are a phenomenon of the past. Title VII of the Civil Rights Act of 1964 and sections 4 and 5 of the Voting Rights Act of 1965 had been in existence for twenty years when much of this generation of... 2010
Elizabeth M. Schneider THE CHANGING SHAPE OF FEDERAL CIVIL PRETRIAL PRACTICE: THE DISPARATE IMPACT ON CIVIL RIGHTS AND EMPLOYMENT DISCRIMINATION CASES 158 University of Pennsylvania Law Review 517 (January, 2010) Introduction. 518 I. The Changing Nature of Civil Pretrial Practice in the Federal Courts. 523 A. Pleading. 527 B. Summary Judgment, Iqbal, and Scott. 537 C. Daubert. 551 II. Implications for Federal Civil Litigation. 556 III. Why Is This Happening?. 562 IV. Correcting the Impact. 569 2010
Jillian T. Weiss THE FIRST AMENDMENT RIGHT TO FREE EXERCISE OF RELIGION, NONDISCRIMINATION STATUTES BASED ON SEXUAL ORIENTATION AND GENDER IDENTITY, AND THE FREE EXERCISE CLAIMS OF NON-CHURCH-RELATED EMPLOYERS 12 Florida Coastal Law Review 15 (Fall 2010) In a number of recent political issue campaigns regarding the enactment of employment protections law based on sexual orientation and gender identity, opponents of such laws have often raised concerns about the infringement on the religious freedoms of business owners. While there are often legislative exemptions for churches and other religious... 2010
Mary-Rose Papandrea THE FREE SPEECH RIGHTS OF OFF-DUTY GOVERNMENT EMPLOYEES 2010 Brigham Young University Law Review 2117 (2010) Until recently, Andrew Shirvell was an assistant attorney general in Michigan. This past fall, he created a blog attacking the openly gay president of the University of Michigan student body as a racist and liar who was promoting a radical homosexual agenda. Initially, Michigan Attorney General Michael Cox--Shirvell's boss--condemned... 2010
Corey A. Ciocchetti , John Holcomb THE FRONTIER OF AFFIRMATIVE ACTION: EMPLOYMENT PREFERENCES & DIVERSITY IN THE PRIVATE WORKPLACE 12 University of Pennsylvania Journal of Business Law 283 (Winter 2010) Affirmative action remains controversial in American jurisprudence and society in general. Corporate policies, governmental programs and judicial decisions merely touching on minority preferences generate scathing media editorials and public outcry. The pro-affirmative action camp accuses opponents of holding back minority advancement. They argue... 2010
David Sherwyn, Michael Heise THE GROSS BEAST OF BURDEN OF PROOF: EXPERIMENTAL EVIDENCE ON HOW THE BURDEN OF PROOF INFLUENCES EMPLOYMENT DISCRIMINATION CASE OUTCOMES 42 Arizona State Law Journal 901 (Fall 2010) Scholarly and public attention to the burden of proof and jury instructions has increased dramatically since the Supreme Court's 2009 decision in Gross v. FBL Financial Services, Inc. Gross holds that the so-called mixed-motive jury instruction, which we call the motivating factor instruction, is not available in age, and possibly disability and... 2010
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