| Author | Title | Citation | Summary | Year |
| 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 |
| Maurice Wexler, Charles C. Warner, Gary R. Siniscalco, John L. Quinn, Adam T. Klein |
THE LAW OF EMPLOYMENT DISCRIMINATION FROM 1985 TO 2010 |
25 ABA Journal of Labor & Employment Law 349 (Spring, 2010) |
The Civil Rights Act of 1964 (1964 CRA) became the law of the land following the longest filibuster in the history of the United States Senate. Title VII of the 1964 CRA prohibits discrimination in employment and, together with the Age Discrimination in Employment Act, the Americans with Disabilities Act, and Executive Order 11246, has become an... |
2010 |
| Erica E. Hoodhood |
THE QUINTESSENTIAL EMPLOYER'S DILEMMA: COMBATING TITLE VII LITIGATION BY MEETING THE ELUSIVE STRONG BASIS IN EVIDENCE STANDARD |
45 Valparaiso University Law Review 111 (Fall, 2010) |
Suppose that Publicus Corporation issues an objective assessment to determine qualified candidates for a promotion and plans to promote the top ten highest scoring candidates. To the corporation's dismay, the test results reveal that the top ten scoring candidates were all white males, although nearly half of the test takers were minorities.... |
2010 |
| Howard L. Brown , Honorable Raymond D. Austin |
THE TWENTY-FIFTH ANNIVERSARY OF THE NAVAJO PREFERENCE IN EMPLOYMENT ACT: A QUARTER-CENTURY OF EVOLUTION, INTERPRETATION, AND APPLICATION OF THE NAVAJO NATION'S EMPLOYMENT PREFERENCE LAWS |
40 New Mexico Law Review 17 (Winter 2010) |
The Navajo Nation is the largest federally recognized Indian Nation in the United States with approximately 225,000 enrolled members. Approximately 180,000 of those members live within the Navajo Nation, in addition to several thousand nonmembers who reside or work there. The population of the Navajo Nation includes a workforce that produces goods... |
2010 |
| Autumn George |
"ADVERSE EMPLOYMENT ACTION"--HOW MUCH HARM MUST BE SHOWN TO SUSTAIN A CLAIM OF DISCRIMINATION UNDER TITLE VII? |
60 Mercer Law Review 1075 (Spring 2009) |
Adverse employment action is judicial shorthand for determining whether a plaintiff showed that an employer's action sufficiently affected the employee's compensation, terms, conditions, or privileges of employment. This is a crucial element to sustain a § 703 claim under Title VII of the Civil Rights Act of 1964. However, what does adverse... |
2009 |
| Henry H. Drummonds |
BEYOND THE EMPLOYEE FREE CHOICE ACT: UNLEASHING THE STATES IN LABOR-MANAGEMENT RELATIONS POLICY |
19 Cornell Journal of Law & Public Policy 83 (Fall 2009) |
This Article proposes a major devolution of labor relations policy making authority to the states. Echoing the federalism discussion in other contexts like global warming and prescription drugs, labor relation preemption doctrine should be examined and reformed by Congress. Existing doctrine is entirely judge-made even though only Congress, not the... |
2009 |
| Ishra Solieman |
BORN OSAMA: MUSLIM-AMERICAN EMPLOYMENT DISCRIMINATION |
51 Arizona Law Review 1069 (Winter 2009) |
Muslim-Americans have faced many challenges to their basic civil liberties since the September 11th attacks on the World Trade Centers. One of the areas in which they have felt the most discrimination is in the workplace. The Equal Employment Opportunities Act, otherwise known as Title VII, prohibits employers from discriminating against employees... |
2009 |
| Nathan L. Barrett |
CIVIL RIGHTS-EMPLOYMENT-BEFORE AN EMPLOYER MAY LAWFULLY TAKE RACE-BASED ACTION TO REMEDY A PRACTICE THAT HAS A DISPARATE IMPACT, THE EMPLOYER MUST HAVE A STRONG BASIS IN EVIDENCE TO BELIEVE THAT IT WILL BE SUBJECT TO DISPARATE-IMPACT LIABILITY IF IT FAILS |
79 Mississippi Law Journal 467 (Winter 2009) |
In 2003, New Haven, Connecticut firefighters took a promotional exam to qualify for promotion to the rank of lieutenant or captain. The interested candidates invested both personal time and money to prepare for the exam over a three-month period. The results of the exam revealed that white candidates had outperformed minority candidates. Fearing... |
2009 |
| Helen Norton |
CONSTRAINING PUBLIC EMPLOYEE SPEECH: GOVERNMENT'S CONTROL OF ITS WORKERS' SPEECH TO PROTECT ITS OWN EXPRESSION |
59 Duke Law Journal 1 (October, 2009) |
This Article identifies a key doctrinal shift in courts' treatment of public employees' First Amendment claims--a shift that imperils the public's interest in transparent government as well as the free speech rights of more than twenty million government workers. In the past, courts interpreted the First Amendment to permit governmental discipline... |
2009 |
| Erwin Chemerinsky |
COURT'S CONSERVATIVES HOLD SWAY IN EMPLOYMENT CASES |
45-SEP Trial 52 (September, 2009) |
The first four terms of the John Roberts era have shown us a Supreme Court that generally favors employers over workers in employment discrimination cases. This was especially clear during the most recently completed term, where, in three major cases, the Court imposed significant new barriers to workers' ability to get redress for discrimination.... |
2009 |
| Megan E. Mowrey |
DISCRIMINATORY RETALIATION: TITLE VII PROTECTION FOR THE COOPERATING EMPLOYEE |
29 Pace Law Review 689 (Summer 2009) |
Discriminatory retaliation represented 32.3% of all Equal Employment Opportunity Commission (EEOC) claims in 2007, up from 22.6% in 1997. 28.3% of those retaliation charges specifically involved Title VII, an increase from 20.3% in 1997. As the frequency of retaliation claims filed through the EEOC has increased, courts have devoted more time to... |
2009 |