| Author | Title | Citation | Summary | Year |
| David K. Haase, Emma Sullivan |
THE FALL-OUT FROM DUKES v. WAL-MART STORES, INC.--THE EXTENT TO WHICH SUBJECTIVE DECISION-MAKING PROCESSES ARE SUSCEPTIBLE TO CLASS TREATMENT AND HOW EMPLOYERS CAN MINIMIZE THEIR RISK |
22 Labor Lawyer 153 (Fall, 2006) |
Employees seeking to certify class actions against employers often claim that an employer has used a subjective decision-making process to systematically discriminate against employees of a protected group, causing disparate treatment of and/or a disparate impact on class members. This article analyzes the factors affecting courts' decisions as to... |
2006 |
| Irene Gamer |
THE RETALIATORY HARASSMENT CLAIM: EXPANDING EMPLOYER LIABILITY IN TITLE VII LAWSUITS |
3 Seton Hall Circuit Review 269 (Fall, 2006) |
I. Introduction. 270 II. Title VII Generally. 272 III. What it Means to Discriminate under the Main Discrimination Provision. 274 A. Hostile Work Environment Discrimination. 276 B. Courts' Divergent Interpretations of HWE Law. 278 IV. What it Means to Discriminate under the Retaliation Provision. 282 A. The Retaliatory Discrimination Standard. 283... |
2006 |
| Richard Carlson |
THE SMALL FIRM EXEMPTION AND THE SINGLE EMPLOYER DOCTRINE IN EMPLOYMENT DISCRIMINATION LAW |
80 Saint John's Law Review 1197 (Fall 2006) |
Laws prohibiting discrimination in employment often make an exception for the small firm. Title VII, which is the model for many other federal and state discrimination laws, sets a threshold for employer coverage at fifteen employees. A firm employing fewer employees is exempt. As long as it employs no more than fourteen, it can refuse to hire... |
2006 |
| Sebastian Krebber |
THE SOCIAL RIGHTS APPROACH OF THE EUROPEAN COURT OF JUSTICE TO ENFORCE EUROPEAN EMPLOYMENT LAW |
27 Comparative Labor Law and Policy Journal 377 (Spring 2006) |
Mangold v. Helm, the first age discrimination case decided by the European Court of Justice in November 2005, is the most startling employment law decision of that Court for the past thirty years. Disregarding longstanding principles of European law developed by the Court itself, the European Court of Justice applies a directive directly between... |
2006 |
| David Freeman Engstrom |
THE TAFT PROPOSAL OF 1946 & THE (NON-) MAKING OF AMERICAN FAIR EMPLOYMENT LAW |
9 Green Bag 181 (Winter, 2006) |
For those familiar with the evolution of American fair employment law, the years clustered around 1970 provide the most obvious opportunities to identify so-called critical junctures those hinge moments in history when a number of different pathways of legal or political development remain open. It was during this period that federal appeals... |
2006 |
| Carrie Lewand |
CIVIL RIGHTS -- REVERSE DISCRIMINATION -- A PLAINTIFF CLAIMING REVERSE DISCRIMINATION NEED NO LONGER PROVE THE DEFENDANT IS THAT UNUSUAL EMPLOYER WHO DISCRIMINATES AGAINST THE MAJORITY. LIND V. CITY OF BATTLE CREEK, 681 N.W.2D 334 (MICH. 2004). |
83 University of Detroit Mercy Law Review 1 (Fall 2005) |
In Lind v. City of Battle Creek, the Michigan Supreme Court overruled Allen v. Comprehensive Health Services stating that the Allen test of proving reverse discrimination was inconsistent with the Michigan Civil Rights Act. The court declared that a majority plaintiff will no longer have to meet the background circumstances test to prove a case... |
2005 |
| Ann C. McGinley |
DISCRIMINATION IN OUR MIDST: LAW SCHOOLS' POTENTIAL LIABILITY FOR EMPLOYMENT PRACTICES |
14 UCLA Women's Law Journal 1 (Fall/Winter 2005) |
Every day we enter restaurants, grocery stores, professional offices, and universities where inequality is obvious, but we hardly notice it. Managers of restaurants and grocery stores are men, while the workers are predominantly women. Professionals and professors are ordinarily men, while their nurses, secretaries, and administrative assistants... |
2005 |
| Earl M. Jones, III , Jason R. Dugas , Jennifer A. Youpa |
EMPLOYMENT AND LABOR LAW |
58 SMU Law Review 785 (Summer 2005) |
IN this Survey, we highlight some of the most notable 2004 employment law-related cases and legislation. Most notably, the survey year saw practitioners and courts alike assessing the fallout from the 2003 Desert Palace v. Costa decision on judicially-crafted frameworks for evaluating employment discrimination cases. Moreover, the Texas Supreme... |
2005 |
| Ali Razzaghi |
HILL v. LOCKHEED MARTIN LOGISTICS MANAGEMENT, INC.: "SUBSTANTIALLY INFLUENCING" THE FOURTH CIRCUIT TO CHANGE ITS STANDARD FOR IMPUTING EMPLOYER LIABILITY FOR THE BIASES OF A NON-DECISIONMAKER |
73 University of Cincinnati Law Review 1709 (Summer, 2005) |
John Hancock once said, the greatest ability in business is to get along with others and to influence their actions. While Mr. Hancock was probably not referring to the issues of vicarious liability in the context of employment law jurisprudence, his principle is helpful in framing a critical issue confronting federal courts today. Courts are not... |
2005 |
| Monica Johnson |
INDIRECT EMPLOYER LIABILITY: THE NINTH CIRCUIT LIMITS LIABILITY FOR RACIAL DISCRIMINATION |
38 U.C. Davis Law Review 573 (February, 2005) |
Introduction 574 I. Background. 576 A. Title VII. 576 B. Application of Title VII When the Defendant Failed to Remedy a Discriminatory Environment. 579 1. The United States Supreme Court in Goodman v. Lukens Steel Co.. 579 2. The Ninth Circuit in Little v. Windermere Relocation, Inc.. 580 C. Application of Title VII to Indirect Employers. 582 1.... |
2005 |
| Daniel Hutzenbiler |
JUDICIAL REVIEW OF THE EMPLOYMENT RELATIONSHIP: AN OVERVIEW OF IMPORTANT NINTH CIRCUIT EMPLOYMENT LAW DECISIONS OF 2004 |
41 Willamette Law Review 551 (Survey 2005) |
In 2004, the Ninth Circuit issued numerous opinions in the employment law context. This Article addresses six of the most important of those decisions, involving the following topics: religious discrimination in the workplace, a racially hostile work environment, disparate treatment sexual discrimination, enforcement of a contractual non-compete... |
2005 |
| James J. Savina |
LABOR AND EMPLOYMENT LAW |
37 Texas Tech Law Review 1031 (Spring, 2005) |
I. Introduction. 1031 II. Title VII, Section 1981, the Americans with Disabilities Act (ADA), and the Texas Commission on Human Rights Act (TCHRA). 1032 A. Saving Untimely Claims. 1032 B. Fifth Circuit Continues Its Strict Construction of Adverse Employment Actions. 1034 C. Proving Discrimination. 1036 1. Pregnancy Discrimination. 1036 2. Race,... |
2005 |
| Amy Crowe |
MAY I SPEAK? ISSUES RAISED BY EMPLOYER'S ENGLISH-ONLY POLICIES |
30 Journal of Corporation Law 593 (Spring 2005) |
I. Introduction to English-Only Cases. 593 II. Background. 594 A. Facts of Griggs v. Duke Power Company. 595 B. The Development of the Burden-Shifting Test. 595 C. The Civil Rights Act of 1991. 596 D. The Evolution of Disparate Impact Cases. 596 E. The EEOC's Guidelines on National Origin. 597 F. The EEOC's Guidelines on English-Only Policies. 598... |
2005 |
| |
PROOF AND PERVASIVENESS: EMPLOYMENT DISCRIMINATION IN LAW AND REALITY AFTER DESERT PALACE, INC. V. COSTA: PROCEEDINGS OF THE 2005 ANNUAL MEETING, ASSOCIATION OF AMERICAN LAW SCHOOLS, SECTIONS ON EMPLOYMENT DISCRIMINATION, CIVIL RIGHTS, LABOR RELATIONS AND |
9 Employee Rights and Employment Policy Journal 427 (2005) |
Professor Joseph E. Slater : Good morning and welcome. My name is Joe Slater. I'm from the University of Toledo College of Law. Today, we are addressing two of the most important issues in employment discrimination law: first, how much discrimination is out there and who's really doing it; and second, how do you go about proving it. We have three... |
2005 |
| Randy J. Kozel |
RECONCEPTUALIZING PUBLIC EMPLOYEE SPEECH |
99 Northwestern University Law Review 1007 (Spring 2005) |
I. Introduction. 1007 II. The Contours and Shortfalls of Disruption and Public Concern . 1010 A. The State of the Law. 1010 B. The Problems with Modern Public Employee Speech Law. 1018 III. Theorizing the Holmesian Model of Public Employee Speech. 1028 A. Employee Free Speech Rights, Decoupling Governmental Functions, and the Market for... |
2005 |
| Laura Beth Nielsen , Robert L. Nelson |
RIGHTS REALIZED? AN EMPIRICAL ANALYSIS OF EMPLOYMENT DISCRIMINATION LITIGATION AS A CLAIMING SYSTEM |
2005 Wisconsin Law Review 663 (2005) |
Forty years after the passage of the Civil Rights Act of 1964, the foundation of contemporary employment discrimination law is subject to unprecedented attack. On one hand, critics of the current system from the employer perspective argue that the system is overexpansive, fostering frivolous claims in a context of steadily improving rights... |
2005 |
| Ryan P. Harley |
SEXUAL HARASSMENT IN THE WORKPLACE--PROMPT AND REMEDIAL ACTION AS A MEASURE OF EMPLOYER LIABILITY UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 |
27 Whittier Law Review 533 (Winter 2005) |
The war between the sexes is and always will be with us. The problem is that there is just too much fraternization with the enemy. A writer once wrote all women who worked outside the home had to do so with the expectation that they would likely experience sexual harassment on the job at some time in their working lives. The pervasiveness of... |
2005 |
| Sarah Benjes |
SMITH v. CITY OF JACKSON: A PRETEXT OF VICTORY FOR EMPLOYEES |
83 Denver University Law Review 231 (2005) |
Age discrimination plagues many older workers in America today. Recent studies reveal that while companies purport to value older employees, they often discriminate against older workers in their hiring, training, and employment practices. In 2004, workers submitted 17,837 age discrimination charges to the Equal Employment Opportunity Commission... |
2005 |
| Rosalie Berger Levinson |
SUPERIMPOSING TITLE VII'S ADVERSE ACTION REQUIREMENT ON FIRST AMENDMENT RETALIATION CLAIMS: A CHILLING PROSPECT FOR GOVERNMENT EMPLOYEE SPEECH |
79 Tulane Law Review 669 (February, 2005) |
Frequently, we see headlines with disclosures being made by government employees who have become disappointed and disillusioned by the operation of government. The question of whether government employees with this inside, critical knowledge should have the right to come forward has been the subject of numerous Supreme Court and lower court... |
2005 |
| Michael Z. Green |
TACKLING EMPLOYMENT DISCRIMINATION WITH ADR: DOES MEDIATION OFFER A SHIELD FOR THE HAVES OR REAL OPPORTUNITY FOR THE HAVE-NOTS? |
26 Berkeley Journal of Employment and Labor Law 321 (2005) |
I. Introduction: Markers for Justice and Mediation Opportunities in the New Millennium. 323 II. Employment Discrimination and the Road to Mediation. 327 III. Employment Discrimination Mediation Examined Under the Lens of Social Justice: Expecting a Transformative Pipedream While Tilting at Neutrality Windmills. 334 A. Concerns About Mediators... |
2005 |
| Lisa Marshall |
THE CHARACTER OF DISCRIMINATION LAW: THE INCOMPATIBILITY OF RULE 404 AND EMPLOYMENT DISCRIMINATION SUITS |
114 Yale Law Journal 1063 (March, 2005) |
Introduction. 1064 I. Proof of a Violation. 1067 II. Discrimination's Dance Around 404(B). 1070 A. The First Other Purpose: Motive. 1074 B. The Second Other Purpose: Intent. 1076 C. The True Purpose in Discrimination Suits: Propensity. 1082 III. The Consequences of the Incompatibility. 1083 A. The Purposes of Rule 404 and the Effects of... |
2005 |
| Jeffrey A. Mandell |
THE PROCEDURAL POSTURE OF MINIMUM EMPLOYEE THRESHOLDS IN FEDERAL ANTIDISCRIMINATION STATUTES |
72 University of Chicago Law Review 1047 (Summer 2005) |
Title VII of the Civil Rights Act of 1964 provides federal relief to victims of employment discrimination on the basis of race, color, religion, sex, and national origin. This federal relief neither obviates nor mitigates state discrimination remedies. Under federal supplementary jurisdiction, Title VII plaintiffs may pursue state and federal... |
2005 |
| Audrey J. Lee |
UNCONSCIOUS BIAS THEORY IN EMPLOYMENT DISCRIMINATION LITIGATION |
40 Harvard Civil Rights-Civil Liberties Law Review 481 (Summer, 2005) |
Deborah, an African American woman, worked as an administrative assistant for her employer for several years. She consistently received positive performance reviews until she came under the supervision of a new administrative director, Joan, who is white. One of only a handful of minority employees, Deborah became subjected to increased scrutiny by... |
2005 |
| Larry L. Rowe |
WEST VIRGINIA RACE RELATIONS AT THE TURN OF THE 21ST CENTURY: A NEW HISTORICAL PERSPECTIVE AND LEGISLATIVE STUDY OF RACIAL DISPARITIES IN EDUCATION, HEALTH, CIVIL RIGHTS, CRIMINAL JUSTICE, ECONOMIC DEVELOPMENT AND EMPLOYMENT |
107 West Virginia Law Review 637 (Spring 2005) |
I. Introduction: Self Evaluation with a Historical Perspective. 638 II. After the Horror of Slavery: Segregation Days in Old Malden. 639 III. A Romantic Life in Segregation Days with No Bitterness Over Race Discrimination. 643 IV. A White Kid Growing Up In Rural Southern West Virginia. 644 V. Celebrating Brown v. Board of Education: Reflection and... |
2005 |
| Adam W. Aston |
"FAIR AND FULL EMPLOYMENT": FORTY YEARS OF UNFULFILLED PROMISES |
15 Washington University Journal of Law and Policy 285 (2004) |
I enlist every employer, every labor union, and every agency of Government--whether affected directly by these measures or not--in the task of seeing to it that no false lines are drawn in assuring equality of the right and opportunity to make a decent living. -- President John F. Kennedy While President John F. Kennedy's promise to put a man on... |
2004 |
| James R. Todd |
"IT'S NOT MY PROBLEM": HOW WORKPLACE VIOLENCE AND POTENTIAL EMPLOYER LIABILITY LEAD TO EMPLOYMENT DISCRIMINATION OF EX-CONVICTS |
36 Arizona State Law Journal 725 (Summer, 2004) |
I. Introduction. 726 II. How Various Jurisdictions Approach the Use of Conviction Records in the Hiring of Prospective Employees. 729 A. The Disallowance of Employment Discrimination Based Solely on Conviction Records: The State Approach. 730 1. Wisconsin Fair Employment Act. 731 2. New York's Human Rights Law. 735 B. Equal Employment Opportunities... |
2004 |
| Elissa Underwood Marek |
"LET US WORK, MAN": ASSERTING RIGHTS TO EMPLOYMENT FOR INDIVIDUALS WITH CONVICTION HISTORIES IN AUSTIN, TEXAS |
51 Fordham Urban Law Journal 1065 (April, 2024) |
Introduction. 1065 I. The (Grass)Roots of the Ban the Box and Fair Chance Hiring Movement. 1068 II. Collaborative Policymaking & Community Engagement in Austin, Texas. 1078 III. Radical Resilience in Response to Preemption in Southern States. 1086 IV. Local Governments as Facilitators of Equitable and Sustainable Economic Advancement. 1090... |
2004 |
| Cheryl L. Wade |
"WE ARE AN EQUAL OPPORTUNITY EMPLOYER": DIVERSITY DOUBLESPEAK |
61 Washington and Lee Law Review 1541 (Fall, 2004) |
There are too few discussions about race and race relations among corporate managers and directors. The rhetoric used in these infrequent discussions revolves around the idea of diversity in the workplace. In recent years, when speaking about employees and race issues, corporate actors have become curiously silent about discrimination and racism.... |
2004 |
| Laya Sleiman |
A DUTY TO MAKE REASONABLE EFFORTS AND A DEFENSE OF THE DISPARATE IMPACT DOCTRINE IN EMPLOYMENT DISCRIMINATION LAW |
72 Fordham Law Review 2677 (May, 2004) |
In 1997, five women brought a class action against the Southeastern Pennsylvania Transportation Authority (SEPTA) claiming that SEPTA's physical fitness test, which applicants were required to pass in order to be eligible for employment, had a discriminatory effect on women. The plaintiffs satisfied all administrative requirements for positions... |
2004 |
| Matthew Burnett , Rebecca L. Sandefur |
A PEOPLE-CENTERED APPROACH TO DESIGNING AND EVALUATING COMMUNITY JUSTICE WORKER PROGRAMS IN THE UNITED STATES |
51 Fordham Urban Law Journal 1509 (September, 2024) |
Around the country, jurisdictions are exploring new routes to expand access to justice by empowering community justice workers to provide legal services. Though such activities are often regarded as new, some have existed for decades--people without law licenses have long been authorized to provide representation in immigration matters, Tribal... |
2004 |
| Allanah Colley |
A RENEWED CALL FOR "SÍ, SE PUEDE!" FINDING HEALING AND ACCOUNTABILITY FOR THE SEXUAL HARASSMENT OF LATINA FARMWORKER WOMEN |
27 Harvard Latin American Law Review 103 (Spring, 2024) |
Research indicates that roughly 25 to 50 percent of all women in the United States' workforce have experienced at least one incident of sexual violence. For the more than 560,000 farmworker women who pick and pack fresh produce in the United States agriculture industry, estimates are that over 80 percent have experienced sexual harassment. Yet,... |
2004 |
| Erin Chow |
APP-BASED DRIVERS, EMPLOYEES OR INDEPENDENT CONTRACTORS?: BIG TECH'S FIGHT TO CLASSIFY DRIVERS AS INDEPENDENT CONTRACTORS PRIORITIZES FLEXIBILITY AND INNOVATION OVER LABOR AND CLASS IMPLICATIONS |
29 Suffolk Journal of Trial and Appellate Advocacy 89 (2023-2024) |
We insist that labor is entitled to as much respect as property. But our workers with hand and brain deserve more than respect for their labor. They deserve practical protection in the opportunity to use their labor at a return adequate to support them at a decent and constantly rising standard of living, and to accumulate a margin of security... |
2004 |
| Phillis Rambsy , Rebecca Salawdeh |
CHASING FREEDOM: THE HISTORY OF GOVERNMENT OPPRESSION OF THE MOST VULNERABLE AND HOW EXPANDED LEAVE LAWS CAN PROMOTE LIBERTY FOR WORKERS IN THE WAKE OF DOBBS |
27 Employee Rights and Employment Policy Journal 135 (########) |
In Dobbs v. Jackson Women's Health Organization, the Supreme Court held that the Constitution does not protect a women's right to an abortion, rejecting both equal protection and substantive due process arguments under the Fourteenth Amendment. The Court held that the Constitution must be interpreted as it would have been by the ratifiers, thereby... |
2004 |
| Ewa Rejman |
CHILD MIGRANT WORKERS: THE INVISIBLE CHILDREN? |
52 Denver Journal of International Law and Policy 255 (Spring, 2024) |
From February to December 2023, The New York Times published a series of investigative articles on child migrant workers who take jobs that are off-limits to American children and simply disappear from the system while companies and government officials continued to shift blame to avoid responsibility. This case study serves as a starting point... |
2004 |
| Terry Tolliver |
CLERKSHIP EMPLOYERS NEEDED FOR DIVERSITY PROGRAM |
48-NOV Res Gestae 38 (November, 2004) |
On behalf of the Indiana State Bar Association's Committee for Racial Diversity in the Legal Profession and the Indiana Supreme Court's Conference for Legal Education Opportunity program (Indiana CLEO), I would like to once again invite you to participate in our joint program, Gateway to Diversity: A Summer Employment Program in the Indiana Legal... |
2004 |
| Carolyn L. Wheeler |
COMMENTS ON PRETEXT IN EMPLOYMENT DISCRIMINATION LITIGATION: MANDATORY INSTRUCTIONS FOR PERMISSIBLE INFERENCES? |
61 Washington and Lee Law Review 459 (Winter, 2004) |
It is perhaps surprising that nearly forty years after Congress enacted Title VII, courts still struggle with the most fundamental questions of how to analyze evidence proffered to prove discrimination, and how to instruct juries charged with determining whether employers have violated the law. Although jury trials have been available in Title VII... |
2004 |
| Elaine W. Shoben |
DISPARATE IMPACT THEORY IN EMPLOYMENT DISCRIMINATION: WHAT'S GRIGGS STILL GOOD FOR? WHAT NOT? |
42 Brandeis Law Journal 597 (Spring, 2004) |
Is disparate impact a dead theory of employment discrimination? Definitely not. The theory itself has a more stable legal status than it did when the Supreme Court embraced it in its 1971 opinion Griggs v. Duke Power Co. But is it thriving in litigation? It appears to be neither thriving nor dead. It has become a relatively less vital tool,... |
2004 |
| Mariana Larson |
DIVERSITY ON TRIAL: NAVIGATING EMPLOYER DIVERSITY PROGRAMS AMIDST SHIFTING LEGAL LANDSCAPES |
8 Business, Entrepreneurship & Tax Law Review 239 (Spring, 2024) |
In the Summer of 2023, in a pivotal move, the Supreme Court nullified the application of affirmative action policies in both private and public universities nationwide. The Supreme Court's holding stripped the use of any race-conscious guidelines for admission aimed at enhancing diversity on college campuses. Although the Supreme Court's holding is... |
2004 |
| Trey Wilkins-Luton |
DO RE MI: WORKERS' INCLUSION IN ENVIRONMENTAL JUSTICE |
54 Environmental Law 461 (Spring, 2024) |
As environmental justice gains momentum in the United States, scholars and advocates alike have considered how environmental justice interacts with different groups and interests across different social dimensions. The recent broadening of the environmental justice movement has, however, generally overlooked labor considerations. Workers deserve... |
2004 |
| Brian D. Barger |
EMPLOYEE AFFIRMATIVE ACTION 101--OVERVIEW, HISTORY, AND LIKELY CHALLENGES POST-STUDENTS FOR FAIR ADMISSIONS |
59-SPG Procurement Lawyer 1 (Spring, 2024) |
When entities enter into a federal prime contract or subcontract, they often encounter contract or subcontract clauses that include the following employee affirmative action commitments: FAR 52.222-26 Equal Opportunity (E.O. 11246), FAR 52.222-36 Equal Opportunity for Workers with Disabilities, and FAR 52.222-35 Equal Opportunity for Veterans. At... |
2004 |
| Suzy Fox , Lamont E. Stallworth |
EMPLOYEE PERCEPTIONS OF INTERNAL CONFLICT MANAGEMENT PROGRAMS AND ADR PROCESSES FOR PREVENTING AND RESOLVING INCIDENTS OF WORKPLACE BULLYING: ETHICAL CHALLENGES FOR DECISION-MAKERS IN ORGANIZATIONS |
8 Employee Rights and Employment Policy Journal 375 (2004) |
I. Introduction. 376 A. Workplace Bullying. 376 B. Racial/Ethnic Bullying. 378 C. Conflict Management and Alternative Dispute Resolution (ADR) Processes. 380 D. Bullying vs. Statutory-Based Workplace Disputes: A Gap in the Law. 385 E. When the Bully is the Supervisor. 386 F. Ethical Challenges to Organization Decision-Makers. 388 G. The Current... |
2004 |
| Megan E. Mowrey, Virginia Ward Vaughn |
EMPLOYER LIABILITY FOR SEXUAL HARASSMENT CULMINATING IN CONSTRUCTIVE DISCHARGE: RESOLVING THE TANGIBLE EMPLOYMENT ACTION QUESTION |
14 Southern California Review of Law and Women's Studies 25 (Fall, 2004) |
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on an individual's sex. The United States Supreme Court recognized that one form of sex discrimination is sexual harassment in the workplace and that an employer can be held liable for a supervisor's sexually harassing conduct towards an employee if such conduct led... |
2004 |
| Amanda Agan, Sonja Starr |
EMPLOYERS' NEIGHBORHOODS AND RACIAL DISCRIMINATION |
53 Journal of Legal Studies 115 (January, 2024) |
Using a field experiment, we show that the racial composition of employers' neighborhoods predicts discrimination patterns in a direction suggesting in-group bias. Second, building on prior work on ban-the-box laws, we show that employers in less-Black neighborhoods appear much likelier to stereotype Black applicants as potentially criminal when... |
2004 |
| Valarie K. Blake , Elizabeth Y. McCuskey |
EMPLOYER-SPONSORED REPRODUCTION |
124 Columbia Law Review 273 (March, 2024) |
This Article interrogates the current and future role of employer-sponsored health insurance in reproductive autonomy, revealing the impact that employers' coverage choices have on access to reproductive care and the legal infrastructure that prioritizes employer choice over individual autonomy. Over half of the population depends on employers for... |
2004 |
| Patricia Nemeth , Daniel Villaire |
EMPLOYMENT AND LABOR LAW |
50 Wayne Law Review 517 (Summer, 2004) |
I. Introduction. 518 II. Pleading and Proving Employment Claims. 518 A. Whistleblowers' Protection Act--Retaliation and Pretext. 519 B. Cause of Action for Damages under the Employee Right to Know Act. 521 C. City Charter as Basis for Private Cause of Action. 525 III. Sexual Harassment. 531 A. No Individual Liability under the ELCRA for... |
2004 |
| Virginia A. Berlando |
EMPLOYMENT DISCRIMINATION CLAIMANTS ARE NOT REQUIRED TO EXHIBIT DIRECT EVIDENCE OF DISCRIMINATION: DESERT PALACE, INC. V. COSTA |
6 Duquesne Business Law Journal 267 (Spring 2004) |
EMPLOYMENT LAW - The United States Supreme Court held that direct evidence is not required to prove employment discrimination in a mixed-motive case under Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq. (2004); Section 2000e-2(m) unambiguously states that an employee only needs to demonstrate that an employer used an illegal... |
2004 |
| Eyana J. Smith |
EMPLOYMENT DISCRIMINATION IN THE FIRM: DOES THE LEGAL SYSTEM PROVIDE REMEDIES FOR WOMEN AND MINORITY MEMBERS OF THE BAR? |
6 University of Pennsylvania Journal of Labor and Employment Law 789 (Spring 2004) |
It has been fifty years since the ratification of Title VII of the Civil Rights Act of 1964, and still a question remains as to whether legal professionals, primarily attorneys, have a rightful claim under Title VII against their employers for acts of employment discrimination. The case law in this area is sparse; this is partly because of the... |
2004 |
| Patricia Moore |
EMPLOYMENT LAW − RACIAL DISCRIMINATION − CIRCUMSTANTIAL EVIDENCE OF RACIAL DISCRIMINATION MAY BE INTRODUCED TO RAISE A GENUINE ISSUE OF MATERIAL FACT. HOPSON V. DAIMLERCHRYSLER CORP., 306 F.3D 427 (6TH CIR. 2002). |
81 University of Detroit Mercy Law Review 397 (Spring 2004) |
In Hopson v. DaimlerChrysler, the United States Court of Appeals for the Sixth Circuit decided whether summary judgment was appropriate for the defendant on racial discrimination claims based on violations of Title VII, 42 United States Code § 2000e-2000e-17 (2000) and the Elliott-Larsen Civil Rights Act, Michigan Compiled Laws Annotated 37.2101... |
2004 |
| |
EMPLOYMENT LAW -- VICARIOUS LIABILITY -- FIRST CIRCUIT HOLDS THAT CLASSIFICATION OF CONSTRUCTIVE DISCHARGE AS A TANGIBLE EMPLOYMENT ACTION SHOULD BE LEFT TO CASE-BY-CASE DETERMINATION. -- REED V. MBNA MARKETING SYSTEMS, INC., 333 F.3D 27 (1ST CIR. 2003) |
117 Harvard Law Review 1004 (January, 2004) |
In Burlington Industries, Inc. v. Ellerth and its companion case, Faragher v. City of Boca Raton, the Supreme Court determined that an employer is subject to vicarious liability under Title VII when a supervisor who has authority over an employee creates an actionable hostile environment. In setting this standard, the Court held that an employer is... |
2004 |
| Elizabeth Zaiden Mazzarella |
EMPLOYMENT LAW: DAWAVENDEWA v. SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT: THE NEED FOR CONGRESSIONAL CHANGE IN NATIVE AMERICAN HIRING PREFERENCES |
28 American Indian Law Review 413 (2003-2004) |
C1-3Table of Contents I. Introduction. 413 II. National Origin Defined in Title VII. 414 A. Overview of Title VII. 414 B. Case History: Courts' Explanations of National Origin. 416 C. Title VII's Application toward Employment on Indian Reservations. 417 III. Indian Self-Determination Act. 420 IV. Dawavendewa v. Salt River Project Agricultural... |
2004 |