| Author | Title | Citation | Summary | Year |
| Devah Pager , Bruce Western , David Pedulla |
EMPLOYMENT DISCRIMINATION AND THE CHANGING LANDSCAPE OF LOW-WAGE LABOR MARKETS |
1 University of Chicago Legal Forum 317 (2009) |
A large body of theoretical and empirical research would lead us to predict a steady decline in discrimination, but several features of contemporary low-wage labor markets may function to sustain or renew racialized decision-making. Shifts in the composition of both low-wage jobs and workers have potentially created new incentives and opportunities... |
2009 |
| Ronald Turner |
EMPLOYMENT LAW |
62 SMU Law Review 1097 (Summer 2009) |
I. INTRODUCTION. 1097 II. JURY SELECTION AND RACE-BASED STRIKES. 1097 III. EMPLOYMENT ARBITRATION. 1102 IV. WHISTLEBLOWERS. 1107 V. EMPLOYMENT-RELATED TORTS. 1112 VI. THE DRAM SHOP ACT. 1114 VII. CONCLUSION. 1117 THIS article surveys significant court decisions and developments in employment law during the Survey period of November 1, 2007 to... |
2009 |
| Cian Beecher , Partner, Arthur Cox |
EMPLOYMENT LAW IN IRELAND |
2009 Aspatore 2510866 (August, 2009) |
A unique aspect of practicing employment law in any EU member state, such as Ireland, is the interaction between local laws and the implementation of pan-European legislation. One key area of legislative focus for the EU has been the development of a significant body of employee protection legislation. By way of example, the EU has legislated on... |
2009 |
| Scott A. Moss , Peter H. Huang |
HOW THE NEW ECONOMICS CAN IMPROVE EMPLOYMENT DISCRIMINATION LAW, AND HOW ECONOMICS CAN SURVIVE THE DEMISE OF THE "RATIONAL ACTOR" |
51 William and Mary Law Review 183 (October, 2009) |
Much employment discrimination law is premised on a purely money-focused reasonable employee, the sort who can be made whole with damages equal to lost wages, and who does not hesitate to challenge workplace discrimination. This type of rational actor populated older economic models but has been since modified by behavioral economics and... |
2009 |
| Katrina Grider, Katrina Grider & Associates, 14227 Prospect Point Drive, Cypress, Texas 77429, (281) 256-9311 (Office), (281) 256-9312 (Fax), (888) ASK-4KAT (Toll Free Office), katrinagrider@sbcglobal.net |
LABOR AND EMPLOYMENT LAW UPDATE |
46 The Advocate (Texas) 1 (Spring, 2009) |
C1-3TABLE OF CONTENTS I. LEGISLATIVE DEVELOPMENTS. 1 A. ADA Amendments Act of 2008. 1 1. Substantially Limits is Redefined. 1 a. Pre-ADAAA Law. 2 b. The ADAAA Law. 2 2. Major Life Activities are Enumerated. 2 a. Pre-ADAAA Law. 2 b. The ADAAA Law. 2 3. Major Life Activities are Expanded to Include Major Bodily Functions. 2 a. Pre-ADAAA Law.... |
2009 |
| Craig Robert Senn |
PERCEPTION OVER REALITY: EXTENDING THE ADA'S CONCEPT OF "REGARDED AS" PROTECTION UNDER FEDERAL EMPLOYMENT DISCRIMINATION LAW |
36 Florida State University Law Review 827 (Summer, 2009) |
A head-scratching inconsistency currently exists in federal employment discrimination law. On the one hand, an employer is 100% liable under the Americans with Disabilities Act of 1990 (ADA) if it erroneously regards a person as having an actual disability and then discriminates based on this misperception. On the other hand, many courts have... |
2009 |
| Trina Jones |
RACE, ECONOMIC CLASS, AND EMPLOYMENT OPPORTUNITY |
72 Law and Contemporary Problems 57 (Fall 2009) |
Of the 146,047,000 civilians in the U.S. labor force in 2007, approximately 82% identified themselves as White, 11% as Black or African American, 14% as of Hispanic or Latino/a ethnicity, and 5% as Asian. That year, the median household income for all racial groups was $50,233. With a poverty threshold of $21,027 for a family of four, the median... |
2009 |
| Anjana Samant |
RACE, RELIGION, AND NATIONAL ORIGIN IN POST-9/11 EMPLOYMENT DISCRIMINATION CASES |
20 Practical Litigator 45 (March 1, 2009) |
As some commentators have noted, in this post 9/11 era, Islamic religious difference has been racialized in the context of the war on terror. Margaret Chon & Donna E. Arzt, Walking While Muslim, 68 Law & Contemp. Probs. 215, 215 (2005). Anecdotal evidence compiled by The Council on American-Islamic Relations (CAIR) about the nature of civil... |
2009 |
| Mary E. Pivec , Partner, Keller and Heckman LLP |
REPRESENTING EMPLOYERS CHALLENGED BY HARSH AND CONFLICTING REGULATORY IMPERATIVES |
2009 Aspatore 4025310 (November, 2009) |
I am increasingly drawn to cases that challenge employers to successfully conduct their businesses under complex and often-conflicting labor, immigration, and discrimination laws and regulations. These employers may also face unprecedented legal challenges brought on by the criminalization of ordinary worksite practices and the lure of treble... |
2009 |
| Sebastian Krebber |
STATUS AND POTENTIAL OF THE REGULATION OF LABOR AND EMPLOYMENT LAW AT THE EUROPEAN LEVEL |
30 Comparative Labor Law and Policy Journal 875 (Summer 2009) |
The regulation of labor and employment law at the European level seems to be at a dead end: The last directives that addressed new substantive issues of labor and employment law were passed or proposed between 2000 and 2002. The other directives adopted since only amend, rephrase, or further implement already existing legislation. At about the same... |
2009 |
| Ryan Keith Meyer |
THE UNITED STATES SUPREME COURT ELIMINATES THE "CLASS-OF-ONE" EQUAL PROTECTION CLAIM IN PUBLIC EMPLOYMENT [ENGQUIST V. OR. DEP'T OF AGRIC., 128 S. CT. 2146 (2008)] |
48 Washburn Law Journal 529 (Winter 2009) |
The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury. Currently, there are over nineteen million people in the United States employed by a local, state, or federal government. In recent years, the United States Supreme Court has narrowed the scope... |
2009 |
| Kate S. Arduini |
WHY THE AMERICANS WITH DISABILITIES ACT AMENDMENTS ACT IS DESTINED TO FAIL: LACK OF PROTECTION FOR THE "TRULY" DISABLED, IMPRACTICABILITY OF EMPLOYER COMPLIANCE, AND THE NEGATIVE IMPACT IT WILL HAVE ON OUR ALREADY STRUGGLING ECONOMY |
2 Drexel Law Review 161 (Fall 2009) |
On September 25, 2008, former President George W. Bush signed the Americans with Disabilities Act Amendment Act of 2008 (ADAAA), setting into motion perhaps the most extensive change to employment law in the last decade. The ADAAA, which took effect on January 1, 2009, aims to reinstitute the original congressional intent behind the Americans with... |
2009 |
| Major Steven M. Ranieri |
"IF AT FIRST YOU DON'T SUCCEED .": AN ARGUMENT GIVING FEDERAL AGENCIES THE ABILITY TO CHALLENGE ADVERSE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DECISIONS IN FEDERAL COURT |
2008-SEP Army Lawyer 23 (September, 2008) |
Title VII of the Civil Rights Act of 1964, as amended, prohibits employment discrimination in hiring, firing, compensation, terms, conditions, or privileges of employment on the basis of race, color, religion, sex, or national origin. The Equal Employment Opportunity Commission (EEOC) enforces these prohibitions against federal agencies through a... |
2008 |
| Alan K. Tannenwald |
AN IRONIC TWIST IN EMPLOYMENT LAW: THE CONSERVATIVE CASE FOR AMENDING TITLE VII TO BAN DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION |
9 Georgetown Journal of Gender and the Law 269 (2008) |
In 1964, Congress took the bold step of enacting Title VII of the Civil Rights Act of 1964, which outlawed employment discrimination against racial and religious minorities, as well as women. Subsequently, similar protections have been extended to both individuals over 40 years old and those with debilitating disabilities. To further promote... |
2008 |
| Tricia M. Beckles |
CLASS OF ONE: ARE EMPLOYMENT DISCRIMINATION PLAINTIFFS AT AN INSURMOUNTABLE DISADVANTAGE IF THEY HAVE NO "SIMILARLY SITUATED" COMPARATORS? |
10 University of Pennsylvania Journal of Business and Employment Law 459 (Winter 2008) |
This Comment will investigate a subset of employment discrimination plaintiffs--those I call the class of one. This class of one includes plaintiffs who hold a unique position at a small office or are the only employees who have a specific set of job characteristics within a larger office. An illustrative example is an office with six... |
2008 |
| Maya R. Warrier |
DARE TO STEP OUT OF THE FOGG: SINGLE-MOTIVE VERSUS MIXED-MOTIVE ANALYSIS IN TITLE VII EMPLOYMENT DISCRIMINATION CASES |
47 University of Louisville Law Review 409 (Winter Issue, 2008) |
The enactment of the Civil Rights Act of 1964 marked the high point of civil rights activism. Within this Act, the provisions of Title VII established one of the most important . . . statutory prohibitions against employment discrimination because it took the protections offered by the Constitution even further to eradicate employment... |
2008 |
| Robert L. Nelson , Ellen C. Berrey , Laura Beth Nielsen |
DIVERGENT PATHS: CONFLICTING CONCEPTIONS OF EMPLOYMENT DISCRIMINATION IN LAW AND THE SOCIAL SCIENCES |
4 Annual Review of Law and Social Science 103 (2008) |
systemic discrimination, implicit bias, discrimination litigation, organizations Legal conceptions of employment discrimination have become increasingly narrow over the past two decades as the law has adopted a perpetrator model of discrimination that emphasizes purposeful intent. This tendency runs counter to social scientific research that... |
2008 |
| Miranda Fleschert |
ELEVATOR COMPANY GOES DOWN: MANDATORY ARBITRATION PROVISIONS AS APPLIED TO PENDING CIVIL RIGHTS CLAIMS IN THE EMPLOYMENT CONTEXT |
2008 Journal of Dispute Resolution 571 (2008) |
In Goldsmith v. Bagby Elevator Company, the Eleventh Circuit Court of Appeals carved a distinction in the employment context between mandatory pre-dispute arbitration agreements and compulsory arbitration agreements as applied to pending claims of discrimination. In doing so, the court warns employers that any effort to terminate an employee's... |
2008 |
| Gregory B. Reilly, Katy Shi-Klepper |
EMPLOYERS BEWARE: PITFALLS AND PROMISE OF ELECTRONIC INFORMATION IN EMPLOYMENT LITIGATION |
252-JUN New Jersey Lawyer, the Magazine 14 (June, 2008) |
Since the electronic discovery amendments to the federal rules came into effect in December 2006, there has been a plethora of articles in respected legal publications regarding the parade of horribles awaiting unwitting counsel and their clients should they fail to preserve and/or produce electronic information in discovery. This article is... |
2008 |
| |
EMPLOYMENT DISCRIMINATION REMEDIES: THE SHAPE OF LAWSUITS, THE SHAPE OF THE LAW: PROCEEDINGS OF THE 2008 ANNUAL MEETING ASSOCIATION OF AMERICAN LAW SCHOOLS SECTION ON EMPLOYMENT DISCRIMINATION LAW AND SECTION ON REMEDIES |
12 Employee Rights and Employment Policy Journal 297 (2008) |
Professor Michael P. Allen : Good afternoon. I want to welcome you on behalf of both the Remedies Section and the Employment Discrimination Law Section to our joint program this afternoon. My name is Mike Allen and I'm the chair-elect of the Remedies Section. Remedies always come at the end of a lawsuit and so Paul was gracious to let me actually... |
2008 |
| Benjamin I. Sachs |
EMPLOYMENT LAW AS LABOR LAW |
29 Cardozo Law Review 2685 (May, 2008) |
More than seventy years ago, the United States Congress centralized nearly all of American labor law into a single federal statute. The National Labor Relations Act (NLRA or the Act) was designed to be sweepingly broad, dictating the kinds of employees who could organize, the types of organizations workers could form, and the subjects over which... |
2008 |
| David A. Lowe |
ENFORCING THE EMPLOYMENT RIGHTS OF AMERICAN WORKERS ABROAD |
24 Labor Lawyer 213 (Fall, 2008) |
As the economy continues its steady march toward globalization, more companies are becoming multinational, and more Americans are working overseas. American employers are increasingly sending U.S. workers on expatriate assignments to explore new markets, supervise the construction of foreign facilities, negotiate with overseas suppliers, or manage... |
2008 |
| Frank L. Day, Jr. |
FEDERAL EMPLOYMENT DISCRIMINATION--JONES v. R.R. DONNELLEY & SONS CO.: THE INADEQUACY OF THE FEDERAL "CATCHALL" STATUTE OF LIMITATIONS |
38 University of Memphis Law Review 231 (Winter, 2008) |
I. Introduction. 232 II. The History of § 1981. 233 III. Determining the Appropriate Limitations Period for § 1981 Claims Before Congress Enacted the Four-Year Catchall Statute of Limitations. 239 IV. The Federal Catchall Statute of Limitations & Its Purposes. 243 V. The Context and Holding of Jones v. R.R. Donnelley & Sons Co.. 246 VI. Does § 1658... |
2008 |
| Elizabeth M. Ellis |
GARCETTI V. CEBALLOS: PUBLIC EMPLOYEES LEFT TO DECIDE "YOUR CONSCIENCE OR YOUR JOB" |
41 Indiana Law Review 187 (2008) |
The Supreme Court recognized that the First Amendment was fashioned to assure unfettered interchange of ideas for the bringing about of political and social changes desired by the people. Memorializing that ideal, the Supreme Court stated that the government may not deny a benefit to a person on a basis that infringes his constitutionally... |
2008 |
| Tristin K. Green |
INSULAR INDIVIDUALISM: EMPLOYMENT DISCRIMINATION LAW AFTER LEDBETTER V. GOODYEAR |
43 Harvard Civil Rights-Civil Liberties Law Review 353 (Summer 2008) |
When the Supreme Court decided Ledbetter v. Goodyear Tire and Rubber Co. last year, holding that an employee must assert a Title VII pay discrimination claim within 180 days of when the pay decision was first made, commentators--both legal and non-legal--immediately recognized the obstacle the decision poses for individuals suffering from... |
2008 |
| Lee Reeves |
PRAGMATISM OVER POLITICS: RECENT TRENDS IN LOWER COURT EMPLOYMENT DISCRIMINATION JURISPRUDENCE |
73 Missouri Law Review 481 (Spring, 2008) |
Introduction. 482 I. The Limits of Political Affiliation as an Explanatory Variable in Employment Discrimination Cases. 484 II. Toward A Pragmatic Theory of Employment Discrimination Jurisprudence: Aggregate Trends in Workload and Employment Discrimination Filings. 496 A. Aggregate Trends in District Court. 496 B. Aggregate Trends in the Courts of... |
2008 |
| Sandra B. Durant |
THE APPLICATION OF AMERICAN ANTI-DISCRIMINATION LAWS IN A GLOBAL WORK ENVIRONMENT |
54 Practical Lawyer 29 (August 1, 2008) |
It shall be an unlawful employment practice for an employer...to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual's race, color, religion, sex or national origin. 42 U.S.C.... |
2008 |
| Carl H. Esbeck |
THE APPLICATION OF RFRA TO OVERRIDE EMPLOYMENT NON-DISCRIMINATION CLAUSES EMBEDDED IN FEDERAL SOCIAL SERVICE PROGRAMS |
9 Engage: The Journal of the Federalist Society Practice Groups 140 (June 1, 2008) |
The basic federal employment nondiscrimination law is Title VII of the Civil Rights Act of 1964. The Act prohibits discrimination in employment on the basis of race, color, national origin, sex, or religion, and is binding when an employer has fifteen or more employees. However, section 702(a) of the act acknowledges the freedom of religious... |
2008 |
| David L. Hudson Jr. |
THE GARCETTI EFFECT |
94-JAN ABA Journal 16 (January, 2008) |
When he dismissed their federal claims last March, U.S. District Judge W. Allen Pepper Jr. was nevertheless pained at the fate of three Mississippi prison officials who claimed retaliation after they reported that a fellow officer had beaten an inmate. The judge knew where to direct his misgivings: at the U.S. Supreme Court's 2006 decision Garcetti... |
2008 |
| Nicole B. Porter |
THE PERFECT COMPROMISE: BRIDGING THE GAP BETWEEN AT-WILL EMPLOYMENT AND JUST CAUSE |
87 Nebraska Law Review 62 (2008) |
I. Introduction. 63 II. The Law. 66 A. Employment At-Will Presumption. 66 B. Common Law Exceptions. 67 C. Statutory Exceptions. 68 III. Dismissing the Alternatives. 70 A. The Problem with At-Will Employment. 70 1. Inconsistency and Mass Confusion. 70 2. The Egregious Termination Cases. 71 3. Undermines Anti-Discrimination Statutes. 75 B. The... |
2008 |
| Daria Roithmayr |
THEM THAT HAS, GETS |
27 Mississippi College Law Review 373 (2007-2008) |
In 2004, sociologists Robert Sampson and Jeffrey Morenoff published a remarkable study on the persistence of poverty in Chicago neighborhoods from 1970 to 1990. The authors made several important findings. First, those neighborhoods that were poor in 1970 were almost all poor twenty years later in 1990. Even as poverty rates dramatically increased... |
2008 |
| Brian P. McCarthy |
TRANS EMPLOYEES AND PERSONAL APPEARANCE STANDARDS UNDER TITLE VII |
50 Arizona Law Review 939 (2008) |
Transgender and transsexual individuals, collectively known as transpeople, are routinely demoted, terminated, or denied employment simply because of their appearance. For many years, trans employees have been unable to challenge such discriminatory practices under Title VII. This Note explores the status of trans employees in the jurisprudence of... |
2008 |
| Jessica Fink |
UNINTENDED CONSEQUENCES: HOW ANTIDISCRIMINATION LITIGATION INCREASES GROUP BIAS IN EMPLOYER-DEFENDANTS |
38 New Mexico Law Review 333 (Spring, 2008) |
Since the passage of Title VII of the Civil Rights Act of 1964, countless individuals have turned to the courts to redress alleged violations of their civil rights. Indeed, in the four-plus decades since the passage of Title VII, discrimination claims brought under Title VII (along with its counterparts within the federal antidiscrimination... |
2008 |
| Keaton Wong |
WEIGHING INFLUENCE: EMPLOYMENT DISCRIMINATION AND THE THEORY OF SUBORDINATE BIAS LIABILITY |
57 American University Law Review 1729 (August, 2008) |
Introduction. 1729 I. Background. 1735 A. The Anti-Discrimination Statutes. 1735 B. Agency Principles. 1737 II. The Theory of Subordinate Bias Liability. 1739 A. The Mere Influence or Involvement Standard. 1740 1. Influence. 1741 2. Involvement. 1742 3. Influence and involvement. 1743 B. The Actual Decision-Maker Standard. 1744 C. The Causal Nexus... |
2008 |
| Kara M. Farina |
WHEN DOES DISCRIMINATION "OCCUR?": THE SUPREME COURT'S LIMITATION ON AN EMPLOYEE'S ABILITY TO CHALLENGE DISCRIMINATORY PAY UNDER TITLE VII |
38 Golden Gate University Law Review 249 (Winter 2008) |
After working for the same company for over fifteen years and just before her retirement, Violet discovered that she was earning only sixty percent of what her male co-workers were making. Violet, an employee of Tiremaker, had no reason to suspect such a significant discrepancy in her pay because she was first hired at a starting salary equivalent... |
2008 |
| Paul M. Secunda |
WHITHER THE PICKERING RIGHTS OF FEDERAL EMPLOYEES? |
79 University of Colorado Law Review 1101 (2008) |
As a result of the Supreme Court's 1983 decision in Bush v. Lucas, federal employees are not permitted to bring Bivens constitutional tort claims directly to federal court to vindicate their First Amendment rights to free speech under Pickering v. Board of Education. Instead, the Bush Court found that Congress had established an effective,... |
2008 |
| William T. Bielby , Pamela Coukos |
"STATISTICAL DUELING" WITH UNCONVENTIONAL WEAPONS: WHAT COURTS SHOULD KNOW ABOUT EXPERTS IN EMPLOYMENT DISCRIMINATION CLASS ACTIONS |
56 Emory Law Journal 1563 (2007) |
When statistical evidence is offered in a litigation context, the result can be bad law and bad statistics. In recent high-profile, high-stakes employment discrimination class actions against large multinationals like UPS, Wal-Mart, and Marriott, plaintiffs have claimed that decentralized and highly discretionary management practices result in... |
2007 |
| Deanna C. Brinkerhoff |
A MORE EMPLOYEE-FRIENDLY STANDARD FOR PRETEXT CLAIMS AFTER ASH V. TYSON |
8 Nevada Law Journal 474 (Fall 2007) |
A recent Gallup Poll reported that fifteen percent of American workers claim their employers discriminated against them during a one-year period spanning from 2004 to 2005. The most frequent type of discrimination occurred in promotion decisions, which comprised thirty-three percent of the total reported incidents. Employment discrimination cases... |
2007 |
| Tristin K. Green |
A STRUCTURAL APPROACH AS ANTIDISCRIMINATION MANDATE: LOCATING EMPLOYER WRONG |
60 Vanderbilt Law Review 849 (April, 2007) |
I. Defining a Structural Approach. 854 A. The Problem of Structural Discrimination: Implicit Bias and Organizational Context. 854 B. A Structural Approach to Employment Discrimination Law: Seeking Change in Organizational Context. 857 II. Reclaiming the Normative Core of Employment Discrimination Law. 865 A. A Meaningful Normative Divide: Costs and... |
2007 |
| Christine Neylon O'Brien , Jonathan J. Darrow |
ADVERSE EMPLOYMENT CONSEQUENCES TRIGGERED BY CRIMINAL CONVICTIONS: RECENT CASES INTERPRET STATE STATUTES PROHIBITING DISCRIMINATION |
42 Wake Forest Law Review 991 (Winter 2007) |
In a scene from the movie Good Will Hunting, an M.I.T. mathematics professor mistakenly reprimands Will, the brilliant young janitor played by Matt Damon, for writing on the blackboard where he is actually solving an impossibly difficult equation. After the professor realizes that Will has solved the problem rather than defaced the board, he tracks... |
2007 |
| by Barbara J. Fick |
BCI Coca-Cola Bottling Co. of Los Angeles |
34 Preview of United States Supreme Court Cases 391 (April 16, 2007) |
In litigating a disparate treatment discrimination lawsuit under Title VII, the plaintiff must prove that the defendant's decision was based on a prohibited motive, such as race. When only one person is involved in making a decision, it is that person's motive which is at issue. But if multiple persons play a role in the decision-making process, it... |
2007 |
| Julie C. Suk |
DISCRIMINATION AT WILL: JOB SECURITY PROTECTIONS AND EQUAL EMPLOYMENT OPPORTUNITY IN CONFLICT |
60 Stanford Law Review 73 (October, 2007) |
The conventional wisdom amongst scholars and advocates of employment discrimination law is that the success of Title VII is significantly hampered by the enduring doctrine of employment at will. As long as employers have broad discretion to fire employees for any reason, no reason, or a bad reason, employers can easily get away with terminating or... |
2007 |
| |
DISPUTE RESOLUTION IN ACTION: EXAMINING THE REALITY OF EMPLOYMENT DISCRIMINATION CASES: PROCEEDINGS OF THE 2007 ANNUAL MEETING, ASSOCIATION OF AMERICAN LAW SCHOOLS, SECTIONS ON EMPLOYMENT DISCRIMINATION AND ALTERNATIVE DISPUTE RESOLUTION |
11 Employee Rights and Employment Policy Journal 139 (2007) |
Michelle A. Travis : Welcome to our panel on Dispute Resolution in Action: Examining the Reality of Employment Discrimination Cases, which is jointly sponsored by the AALS Section on Employment Discrimination and the AALS Section on Alternative Dispute Resolution (ADR). I am Michelle Travis, from the University of San Francisco School of Law. I am... |
2007 |
| Diane Heckman |
EDUCATIONAL ATHLETIC EMPLOYMENT AND CIVIL RIGHTS: EXAMINING DISCRIMINATION BASED ON DISABILITY, AGE, AND RACE |
18 Marquette Sports Law Review 101 (Fall 2007) |
I. Introduction II. Disability Discrimination A. Individuals with Disabilities Education Act (IDEA) B. Section 504 of the Rehabilitation Act of 1973 (Rehabilitation Act) C. Americans with Disabilities Act of 1990 (ADA) i. Title III: Public Accommodation 1. Generally 2. PGA Tour, Inc. v. Martin ii. Title II: Public Entities iii. Title I: Employment... |
2007 |
| Kaylin Redman Hart |
EMPLOYMENT LAW-TITLE VII AND THE ANTI-RETALIATION PROVISION-BEYOND EMPLOYMENT AND THE WORKPLACE: THE UNITED STATES SUPREME COURT RESOLVES THE SPLIT AND SHIFTS THE BALANCE. BURLINGTON NORTHERN & SANTA FE CO. V. WHITE, 126 S. CT. 2405 (2006). |
29 University of Arkansas at Little Rock Law Review 569 (Spring, 2007) |
Employers have always known that it is foolish to take action against an employee following protected activity, and now, after the Supreme Court's decision in Burlington Northern & Santa Fe Railway Co. v. White, employers should proceed with even greater caution. In 2005, 29.5% of all illegal discrimination claims filed with the Equal Employment... |
2007 |
| Naomi C. Earp |
FORTY-THREE AND COUNTING: EEOC'S CHALLENGES AND SUCCESSES AND EMERGING TRENDS IN THE EMPLOYMENT ARENA |
25 Hofstra Labor and Employment Law Journal 133 (Fall 2007) |
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 the years before and immediately after the passage of Title VII of the Civil Rights Act of 1964, discrimination was blatant and pervasive, as... |
2007 |
| Michael Bentley |
HOW AMERICAN EMPLOYERS (ALMOST) LEARNED TO RESPECT THEIR ELDERS: SMITH V. CITY OF JACKSON AND THE AVAILABILITY OF THE DISPARATE IMPACT THEORY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT |
26 Mississippi College Law Review 347 (2006-2007) |
Age must give way to youth, no doubt. But not yet, not yet. Thirty-four years after the Supreme Court first sensed that built-in headwinds might perpetuate discriminatory employment practices and thus violate Title VII of the Civil Rights Act, even absent a discriminatory intent, the Court extended its disparate impact theory to claims brought... |
2007 |
| Naomi Schoenbaum |
IT'S TIME THAT YOU KNOW: THE SHORTCOMINGS OF IGNORANCE AS FAIRNESS IN EMPLOYMENT LAW AND THE NEED FOR AN "INFORMATION-SHIFTING" MODEL |
30 Harvard Journal of Law & Gender 99 (Winter, 2007) |
Knowledge is power; so, too, is the ability to control access to knowledge, and it must be wielded with awareness and purpose. This is equally as true in the employment context as in other realms, and it is paramount at the hiring stage. During the hiring stage, employers have a wealth of information about what criteria they are looking for in... |
2007 |
| Gwendolyn Leachman, Ph.D., Jurisprudence and Social Policy, 2010 (UC Berkeley) |
JORDAN V. ALTERNATIVE RES. CORP.: THE FOURTH CIRCUIT LIMITS PROTECTION FROM RETALIATION FOR EMPLOYEES REPORTING A HOSTILE WORK ENVIRONMENT |
28 Berkeley Journal of Employment and Labor Law 599 (2007) |
An employee makes a grossly racially discriminatory remark at work, and is discovered to have made many similar comments in the past. Is the fellow employee who reports the remark to his employer--pursuant to the employer's anti-discrimination policy--protected from retaliatory discharge? If you said yes, you're not a reasonable person, at least... |
2007 |
| Tanya Katerí Hernández |
LATINO INTER-ETHNIC EMPLOYMENT DISCRIMINATION AND THE "DIVERSITY" DEFENSE |
42 Harvard Civil Rights-Civil Liberties Law Review 259 (Summer, 2007) |
For the great enemy of truth is very often not the lie--deliberate, contrived and dishonest--but the myth, persistent, persuasive and unrealistic. With the growing racial and ethnic diversity of the U.S. population and workforce, scholars have begun to address the ways in which coalition building across groups not only will continue to be necessary... |
2007 |