| Author | Title | Citation | Summary | Year |
| Jared Collins |
IF IT LOOKS LIKE A DUCK, SWIMS LIKE A DUCK, AND QUACKS LIKE A DUCK, THEN IT PROBABLY IS A DUCK: INTERNS LOOK AND ACT LIKE EMPLOYEES YET LACK BASIC PROTECTIONS |
57 Suffolk University Law Review 365 (2024) |
Large and growing numbers of post-secondary students are working in internships for little or no pay, often while giving up most of the legal rights typically accorded to employees. This is no small assemblage: Internship experience has become a virtual requirement in the scramble to get a foot in the door of many sectors of the labor market ..... |
2004 |
| Angela D. Morrison |
IMMIGRATION ENFORCEMENT CREEP IN IMMIGRANT & EMPLOYEE RIGHTS |
58 University of Richmond Law Review 731 (Spring, 2024) |
As the only agency charged with enforcing the Immigration Reform and Control Act's antidiscrimination provisions, the Immigrant and Employee Rights (IER) section of the Department of Justice's Civil Rights Division plays an important role in protecting worker rights. Yet over the past decade, IER has moved from worker protection to immigration... |
2004 |
| Abby Ward |
IN DEFENSE OF PICKERING: WHEN A PUBLIC EMPLOYEE'S SOCIAL MEDIA SPEECH, PARTICULARLY POLITICAL SPEECH, CONFLICTS WITH THEIR EMPLOYER'S PUBLIC SERVICE |
108 Minnesota Law Review 1643 (February, 2024) |
With the rise of social media and the United States' increasing political polarization, public employees take to social media to post about political issues such as race and policing. But when public employees make posts on political issues in an inflammatory or controversial way, public employers often discipline or fire the employee, fearing... |
2004 |
| Jean R. Sternlight |
IN SEARCH OF THE BEST PROCEDURE FOR ENFORCING EMPLOYMENT DISCRIMINATION LAWS: A COMPARATIVE ANALYSIS |
78 Tulane Law Review 1401 (May, 2004) |
As our world effectively shrinks, many countries are beginning to reach a striking substantive consensus regarding the prohibition of employment discrimination. Yet, and in sharp contrast, nothing approaching consensus has yet emerged regarding the best procedural method with which to resolve individual claims of employment discrimination. Instead,... |
2004 |
| Amanda J. Zaremba |
NATIONAL RAILROAD PASSENGER CORP. V. MORGAN: THE FILING QUANDARY FOR LEGALLY ILL-EQUIPPED EMPLOYEES AND ETERNALLY LIABLE EMPLOYERS |
72 University of Cincinnati Law Review 1129 (Spring, 2004) |
The discrimination occurred from the very start for Arthur Logan. In 1990, on his first day at Traintrak, Logan expected to assume the duties of an electrician. However, Traintrak told him that the title of his job was only Electrician Helper. He was disappointed with this title, especially when he discovered that Traintrak had hired less... |
2004 |
| Rhonda M. Reaves |
ONE OF THESE THINGS IS NOT LIKE THE OTHER: ANALOGIZING AGEISM TO RACISM IN EMPLOYMENT DISCRIMINATION CASES |
38 University of Richmond Law Review 839 (May, 2004) |
I. Introduction. 841 II. The Role of Analogy in Anti-Discrimination Law. 845 A. Use of Analogies Lends Moral Force in Support of Extending the Law to New Groups. 846 B. Failure To Acknowledge Difference Can Undermine the Moral Force of Analogy. 847 C. The Experiences of Older Workers and Workers of Color Are Disanalogous in Certain Respects. 848 1.... |
2004 |
| César F. Rosado Marzán |
PERSONAL AND POLITICAL: HOW THE ILLINOIS DOMESTIC WORKERS' BILL OF RIGHTS CONNECTED LIVES |
57 U.C. Davis Law Review 3033 (June, 2024) |
Many domestic workers lack basic labor and employment protections in the United States. One of the main reasons domestic work remains unregulated by government lies in cultural and social perceptions of the so-called private domestic sphere and the more public economic sphere where work prevails. These perceptions, termed by sociologists as... |
2004 |
| Melissa McElroy |
PESTICIDE POISONINGS AND DEADLY HAZARDS: USING THE FARM BILL TO PROTECT WORKERS |
35 Colorado Environmental Law Journal 387 (Spring, 2024) |
C1-2Table of Contents Introduction. 388 I. Background of the Farm Bill and Past Conservation Titles. 391 A. History of the Farm Bill. 392 B. OSHA Enforcement. 394 C. Farm Bill Funding. 395 D. Conservation Titles. 396 E. Horticulture Titles. 398 II. Existing Pesticide Legislation. 399 A. The Current State of Pesticide Enforcement. 401 B. 2018 FIFRA... |
2004 |
| Margaret H. Zhang |
PREGNANT WORKERS AND THE CLIMATE CRISIS |
91 Tennessee Law Review 431 (Winter, 2024) |
Introduction. 432 I. Preexisting Poor Outlook for U.S. Pregnant People and Pregnant Workers. 438 A. Deteriorating U.S. Maternal and Infant Health Trends. 438 1. Maternal Health Trends. 439 2. Infant Health Trends. 442 3. Abortion Restrictions to Exacerbate Trends. 446 B. Pregnant People Pulled into Unhealthy Workplaces. 449 1. Workforce... |
2004 |
| Holly Morrison |
PRESERVING EMPLOYEE RIGHTS IN THE ERA OF CANCEL CULTURE |
38 ABA Journal of Labor & Employment Law 107 (2024) |
Emmanuel Cafferty is a middle-aged Hispanic man and former utility worker. In June 2020, Cafferty was terminated after a stranger posted on Twitter a photo of him driving. In the image, Cafferty has his hand hanging out of a truck window and appears to be making what looks like an okay hand sign. According to Cafferty, he was cracking his... |
2004 |
| William J. Vollmer |
PRETEXT IN EMPLOYMENT DISCRIMINATION LITIGATION: MANDATORY INSTRUCTIONS FOR PERMISSIBLE INFERENCES? |
61 Washington and Lee Law Review 407 (Winter, 2004) |
C1-3Table of Contents I. Introduction. 408 II. Development of the McDonnell Douglas Framework. 413 III. Background of the Circuit Split. 417 A. Post-Hicks and Pre-Reeves Circuit Decisions. 417 B. Post-Reeves Circuit Decisions. 423 C. Townsend v. Lumbermens Mutual Casualty Co.. 426 IV. Reconciliation of the Circuit Split. 429 A. Argument for... |
2004 |
| Chase Mays |
PROTECTING PROTECTED CHARACTERISTICS: STATUTORY SOLUTIONS FOR EMPLOYMENT DISCRIMINATION POST-BOSTOCK |
77 Vanderbilt Law Review 1303 (May, 2024) |
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. Significantly, these protected characteristics are undefined, and judicial interpretations of race, sex, and national origin have allowed employers to lawfully discriminate against proxies for these protected... |
2004 |
| Louis Cholden-Brown |
PROTECTING WORKERS AS CONSUMERS AND CONSUMERS FROM WORKERS IN NEW YORK CITY |
51 Fordham Urban Law Journal 1095 (April, 2024) |
I. The Intertwined Birth of Consumer and Worker Protection. 1102 II. Employment As a Public Good. 1111 III. Permitting Workplace Practices. 1116 IV. Clash of Morality and Wage Earning. 1118 V. Embracing the Vision. 1121 |
2004 |
| Mimi Goldberg |
QUIZÁS SE PUEDE: EVALUATING UNION SUCCESS IN INCORPORATING IMMIGRANT WORKERS |
59 Harvard Civil Rights-Civil Liberties Law Review 303 (Winter, 2024) |
While unionization has experienced growth over the past couple of years, immigrant incorporation has been widely regarded as the long-term future of the labor movement. Economic shutdown during COVID-19 has revealed that low-wage work is essential to our country. Yet, the immigrants who often occupy these industries are left widely unprotected in... |
2004 |
| Alexander Barnes |
REAL-WORLD CONSEQUENCES FOR ONLINE ACTIONS: THE CASE FOR EXPANDING EMPLOYEE HARASSMENT PROTECTION VIA EMPLOYERS' RIGHTS OF ACTION |
48 Seattle University Law Review 165 (Fall, 2024) |
This Note argues for expanding employers' access to legal remedies that allow them to recoup the costs of protecting their employees from swatting, doxing, and other online harassment arising from their employees' professional activity. Part I provides a brief description and history of the online harassment problem and its potentially deadly... |
2004 |
| William R. Corbett |
REVERSE DISCRIMINATION: AN OPPORTUNITY TO MODERNIZE AND IMPROVE EMPLOYMENT DISCRIMINATION LAW |
79 University of Miami Law Review 160 (Fall, 2024) |
The issue of how to prove discrimination in reverse discrimination cases has produced a division in the circuits and some strongly worded opinions about discriminatory discrimination law. The courts begin with the three-stage proof framework developed by the Supreme Court in 1973 in McDonnell Douglas Corp. v. Green, 411 U.S. 792. Some courts adjust... |
2004 |
| Virginia Brown |
REVISITING THE PUBLIC POLICY EXCEPTION TO THE EMPLOYMENT-AT-WILL DOCTRINE FOLLOWING THIBODEAU v. DESIGN GROUP ONE ARCHITECTS: APPLYING AN ETHIC OF CARE ANALYSIS |
3 Connecticut Public Interest Law Journal 295 (Spring, 2004) |
In 2002, in Thibodeau v. Design Group One Architects, the Connecticut Supreme Court holds that Connecticut's Fair Employment Practices Act, General Statute § 46a-60, provides immunity to employers who have less than three employees. This case will likely stir up controversy among business and civil liberties groups. In Thibodeau, Nicole Ann... |
2004 |
| Yvette Butler |
SILENCING THE SEX WORKER |
71 UCLA Law Review 726 (September, 2024) |
This Article argues that sex workers are silenced when they attempt to contribute to lawmaking processes. As a result, they are unable to contribute their knowledge in a meaningful way. The consequence is that laws reflect only one perspective of life in the sex trades: the prostitution abolitionist position that all sex work is inherently a form... |
2004 |
| Catherine Lovly, Matthew J. Mehnert |
SOMETHING EVERY LAWYER NEEDS TO KNOW: THE EMPLOYER-EMPLOYEE DISTINCTION IN THE MODERN LAW FIRM |
21 Hofstra Labor and Employment Law Journal 663 (Spring 2004) |
The federal anti-discrimination statutes, including Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) (herein known collectively as the Acts), were promulgated by Congress in an attempt to rid the workplace of varying forms of discrimination... |
2004 |
| Michelle Bilsky |
STOP WOKE ACTS: HOW THE LEGISLATIVE ATTACK ON CRT HARMS EQUALITY IN EMPLOYMENT |
18 Florida A & M University Law Review 25 (Spring, 2024) |
In recent years, a growing media movement has publicized the concept of wokeness in America. Stopping wokeness is now a lightning rod for the political right and the political left, with the issue exploding from the traditional political arena to social circles, families, businesses, and even workplaces. The Merriam-Webster dictionary defines... |
2004 |
| Emily Sabillon |
THE FIGHT FOR $25: SB 525 TREATS HEALTHCARE WORKERS AND HEALS A FRACTURED HEALTHCARE SYSTEM |
55 University of the Pacific Law Review 477 (May, 2024) |
C1-2Table of Contents I. Introduction. 478 II. Legal Background. 480 A. The Fight for $25: The Trend to Increase Minimum Wage to Twenty-Five Dollars for California Health Care Workers. 481 B. The Commonalities Between SB 525 and Similarly Situated Bills and Ordinances. 482 C. OHCA and the Rising Cost of Care. 483 III. SB 525. 484 IV. Analysis. 485... |
2004 |
| Eushrah Hossain , Valencia Scott , Joshua Rosenthal |
UNCONVENTIONAL TOOLS FOR STATES AND CITIES TO BUILD WORKER POWER: A CASE STUDY ON NONCOMPETE AGREEMENTS |
57 U.C. Davis Law Review 3063 (June, 2024) |
C1-2Table of Contents Introduction. 3065 I. An Introduction to Noncompete Agreements & Recent Policies. 3068 A. Noncompete Agreements Negatively Impact Worker Mobility, Labor Standards, and Economic Growth. 3069 B. Current Treatment of Noncompete Clauses Under State Law. 3071 C. The Federal Trade Commission's Proposed Rule. 3073 II. Public Comment... |
2004 |
| Ty Parks |
UNIONS, BLACK WORKERS, AND CRIMINAL RECORDS: RECKONING WITH THE LABOR MOVEMENT'S HISTORY OF RACIAL DISCRIMINATION SHOULD LEAD IT INTO THE FUTURE |
27 University of Pennsylvania Journal of Law and Social Change 71 (2024) |
Since the 1970s, the Labor Movement has been debilitated by a dramatic decline in union membership. However, in recent years, public approval of unions and unionization rates have increased, indicating the potential for Labor's resurgence. Ironically, the same demographic of workers that unions have historically excluded are the workers leading... |
2004 |
| Madison Diez |
UNSHACKLING PRECEDENT: THE FIFTH CIRCUIT'S EVOLUTION IN EMPLOYMENT DISCRIMINATION LAW AND A CRITICAL ANALYSIS OF THE BONA FIDE OCCUPATIONAL QUALIFICATION |
51 Southern University Law Review 271 (Spring, 2024) |
Approximately 42% of working women in the United States report that they have been subjected to discrimination in the workplace based on their sex. This discrimination varies from minor workplace perceptions, such as being assigned less demanding work than male employees in the same workplace, to wide spread, institutional practices, such as... |
2004 |
| Marisa Anne Pagnattaro |
WHAT DO YOU DO WHEN YOU ARE NOT AT WORK?: LIMITING THE USE OF OFF-DUTY CONDUCT AS THE BASIS FOR ADVERSE EMPLOYMENT DECISIONS |
6 University of Pennsylvania Journal of Labor and Employment Law 625 (Spring 2004) |
I. Introduction. 626 II. It's None of Your Business: Employees' ReasonablE Expectation of Privacy for Off-Duty Conduct. 629 A. Common Law Tort Theories for Invasion of Privacy. 630 1. Intrusion Upon Seclusion. 631 2. Publicizing Private Facts. 637 B. State Statutory Protection of Off Duty Conduct. 640 1. Lawful Use of Consumable Products,... |
2004 |
| Robert W. Sikkel |
WHAT EEO-1 REPORTS REALLY TELL US |
15 Practical Litigator 17 (September 1, 2004) |
Three categories of employers must file the EEO-1: Private employers with 100 or more employees; Private employers with less than 100 employees if affiliated with, owned, or controlled by another company, and the employees of the related companies total 100 or more; and Federal contractors if they are not exempt, have 50 or more employees, and... |
2004 |
| George O. Luce |
WHY DISPARATE IMPACT CLAIMS SHOULD NOT BE ALLOWED UNDER THE FEDERAL EMPLOYER PROVISIONS OF THE ADEA |
99 Northwestern University Law Review 437 (Fall 2004) |
One of the most controversial issues in employment law is whether the Age Discrimination in Employment Act of 1967 (ADEA) permits disparate impact causes of action. The controversy has centered almost exclusively on the ADEA provisions which govern private employers and state and local government employers. The related provisions which govern... |
2004 |
| Melissa Hart |
WILL EMPLOYMENT DISCRIMINATION CLASS ACTIONS SURVIVE? |
37 Akron Law Review 813 (2004) |
For more than 30 years, employment discrimination cases have typified the sort of civil rights action that courts and commentators describe as uniquely suited to resolution by class action litigation. As the Supreme Court recognized in 1977, suits alleging racial or ethnic discrimination are often by their nature class suits, involving classwide... |
2004 |
| Mell Chhoy , Mark Gaston Pearce |
WORKER OUTBURSTS, WORKPLACE RULES AND A RESURGENCE OF WORKER VOICE |
31 Georgetown Journal on Poverty Law and Policy 355 (Spring, 2024) |
What started as the Summer of Strikes, as unions across different industries flexed their muscles and rode a wave of revived pro-labor sentiment, has turned into a year marked by some of the largest labor disputes in more than two decades. In total, 2023 saw 451 labor strikes, some of which have resulted in historic victories and pay increases.... |
2004 |
| Stephen D. Sugarman |
"LIFESTYLE" DISCRIMINATION IN EMPLOYMENT |
24 Berkeley Journal of Employment and Labor Law 377 (2003) |
I. Introduction. 378 II. Employer Interests. 382 III. Off Duty Worker Behavior that may Clash with Employer Interests. 384 A. Personal (Social/Sexual) Relationships. 384 B. Civic/Political Activities. 388 C. Leisure Activities. 389 D. Moonlighting. 390 E. Daily Living. 391 F. Illegal Acts. 393 IV. Implementing Employer Concerns About Off-Duty... |
2003 |
| Richard A. Bales , Elaine M. Korb |
A SURVEY OF KENTUCKY EMPLOYMENT LAW: A LOOK AT EMPLOYMENT DISCRIMINATION CLAIMS BROUGHT UNDER THE KENTUCKY CIVIL RIGHTS ACT |
30 Northern Kentucky Law Review 71 (2003) |
In a national landscape that has recently been plagued by steady economic downturn, pervaded by spiraling unemployment, and clouded with financial doubt and instability, the notion of job security appears to be extremely ephemeral and fleeting. Jobs, much less careers, are relatively scarce and employees across the nation including both... |
2003 |
| Ernest F. Lidge III |
AN EMPLOYER'S EXCLUSION OF COVERAGE FOR CONTRACEPTIVE DRUGS IS NOT PER SE SEX DISCRIMINATION |
76 Temple Law Review 533 (Fall 2003) |
I. Introduction. 533 II. Two Disparate Treatment Theories. 535 A. Disparate Treatment Theory I--Erickson v. Bartell Drug Co.--The PDA Established That Discrimination Includes Denial of any Gender Specific Benefit.. 536 1. The Supreme Court Case Law. 536 a. General Electric Co. v. Gilbert. 536 b. The PDA and Newport News Shipbuilding & Dry Dock... |
2003 |
| Michael D. Meuti |
DISABLING LEGISLATION: THE JUDICIAL EROSION OF THE ADA'S PROTECTION FOR EMPLOYEES WITH PSYCHIATRIC DISORDERS |
14 Stanford Law and Policy Review 445 (2003) |
Dammit, not again, I think as my alarm goes off for the fifth time this morning. It is 8:44; I'm supposed to be at work in sixteen minutes. I pull myself out of bed, which has somehow evolved into a Herculean task. As I wander into the shower, I begin to think back to the days when everything was easier. I was always at the top of my class, and... |
2003 |
| David C. Bratz, Amanda A. Owen |
DISCRIMINATION AND HARASSMENT CLAIMS AGAINST MARITIME EMPLOYERS: PREPARING FOR AND FACING DOWN THE INEVITABLE |
15 University of San Francisco Maritime Law Journal 111 (2002-2003) |
Introduction. 113 I. Federal and State Anti-Discrimination Statutes In addition to Traditional Maritime Law May Govern Claims of Discrimination and Harassment at Sea. 114 A. The Jones Act and General Maritime Law. 115 1. Claims for Harassment by Seamen Are Treated Typically as Ones for Negligent Infliction of Emotional Distress under Jones Act. 115... |
2003 |
| John Alan Doran, Christopher Michael Mason |
DISPROPORTIONATE INCONGRUITY: STATE SOVEREIGN IMMUNITY AND THE FUTURE OF FEDERAL EMPLOYMENT DISCRIMINATION LAW |
2003 Law Review of Michigan State University Detroit College of Law 1 (Spring 2003) |
I. Early History. 3 II. Contemporary Jurisprudence. 8 III. The Future of Federal Employment Laws as Applied to the States. 15 A. The Family and Medical Leave Act. 16 1. The Conflict Between the Circuits. 19 2. The Future of the FMLA as Applied to the States. 22 a. Those FMLA Provisions Not Directly Linked to Gender-Based Discrimination Violate the... |
2003 |
| Michael R. Sarno |
EMPLOYERS WHO IMPLEMENT PRE-EMPLOYMENT TESTS TO SCREEN THEIR APPLICANTS, BEWARE (OR NOT?): AN ANALYSIS OF LANNING V. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY AND THE BUSINESS NECESSITY DEFENSE AS APPLIED IN THIRD CIRCUIT EMPLOYMENT DISCRIMINATIO |
48 Villanova Law Review 1403 (2003) |
Suppose that in order to merely qualify for an interview for a position as a firefighter, each applicant--within four minutes and while wearing a twenty-pound vest--has to carry a fifty-pound hose up six flights of stairs and then drag the equivalent of a 175-pound person one hundred feet. Suppose further that this test results in only a small... |
2003 |
| Jeffrey I. Slonim |
EMPLOYMENT DISCRIMINATION IN HIGHER EDUCATION: A SURVEY OF THE CASE LAW FROM 2001 |
29 Journal of College and University Law 327 (2003) |
Cases raising issues of discrimination in employment generally have burgeoned, and the past year saw decisions in many cases involving higher-education employers. A substantial portion of those represented the application of established standards to particular sets of facts, treating claims of discrimination based on race, age, national origin, and... |
2003 |
| Vivian Berger |
EMPLOYMENT MEDIATION IN THE TWENTY-FIRST CENTURY: CHALLENGES IN A CHANGING ENVIRONMENT |
5 University of Pennsylvania Journal of Labor and Employment Law 487 (Spring 2003) |
I. Changes in the Workplace and Workplace Complaints: How They Undermine Litigation of Claims of Employment Discrimination. 489 A. Changes in the Workplace. 489 B. Changes in Workplace Complaints. 492 C. The Impact of Change on the Efficacy of Employment Civil Rights Litigation. 498 D. Suggested Reforms, Continued Litigation. 503 II.... |
2003 |
| Julia Bruzina |
ERICKSON V. BARTELL: THE "COMMON SENSE" APPROACH TO EMPLOYER-BASED INSURANCE FOR WOMEN |
47 Saint Louis University Law Journal 463 (Spring 2003) |
We do not want special privileges. We do not need special privileges. We outlast you--we outlive you--we nag you to death. So why should we want special privileges? I believe we can hold our own. We are entitled to this little crumb of equality. The addition of that little terrifying word s-e-x will not hurt this legislation in any way. In fact,... |
2003 |
| Howard F. Chang |
IMMIGRATION AND THE WORKPLACE: IMMIGRATION RESTRICTIONS AS EMPLOYMENT DISCRIMINATION |
78 Chicago-Kent Law Review 291 (2003) |
I. The Liberal Ideal and the Cosmopolitan Perspective. 295 A. Immigration Restrictions and Global Economic Welfare. 296 B. Justice and the Alien. 298 II. Immigration Restrictions and National Economic Welfare. 303 A. Effects of Immigration in the Labor Market. 304 1. Effects on Native Workers: Empirical Evidence. 305 2. Income Distribution and the... |
2003 |
| Nancy J. King |
LABOR LAW FOR MANAGERS OF NON-UNION EMPLOYEES IN TRADITIONAL AND CYBER WORKPLACES |
40 American Business Law Journal 827 (Summer 2003) |
A review of recent cases involving section 7 of the National Labor Relations Act (NLRA) reveals two themes that are very important to non-union managers in the private sector. First, it is time for renewed discussion of the application of traditional labor law to non-union workplaces. New insights are needed because the National Labor Relations... |
2003 |
| Judith J. Johnson |
LICENSE TO HARASS WOMEN: REQUIRING HOSTILE ENVIRONMENT SEXUAL HARASSMENT TO BE "SEVERE OR PERVASIVE" DISCRIMINATES AMONG "TERMS AND CONDITIONS" OF EMPLOYMENT |
62 Maryland Law Review 85 (2003) |
Title VII was intended to remedy discrimination; thus, it is ironic that the courts themselves discriminate among terms and conditions of employment by treating hostile environment discrimination less favorably, most commonly in sexual harassment cases. As the Supreme Court said in its first sexual harassment case, hostile environment harassment... |
2003 |
| Michael Z. Green |
OPPOSING EXCESSIVE USE OF EMPLOYER BARGAINING POWER IN MANDATORY ARBITRATION AGREEMENTS THROUGH COLLECTIVE EMPLOYEE ACTIONS |
10 Texas Wesleyan Law Review 77 (Fall 2003) |
I. Introduction. 77 II. An Unfettered Policy Preference for Arbitration of Employment Claims Despite the Lack of Bargaining Power for Individual Employees. 80 III. Exploring the Reasons for Employer Bargaining Power Excess: A Balance of Perceived Corporate Greed Versus Heightened Fears of Large Jury Verdicts. 88 IV. Using Unions to Provide... |
2003 |
| Rosalie Berger Levinson |
PARSING THE MEANING OF "ADVERSE EMPLOYMENT ACTION" IN TITLE VII DISPARATE TREATMENT, SEXUAL HARASSMENT, AND RETALIATION CLAIMS: WHAT SHOULD BE ACTIONABLE WRONGDOING? |
56 Oklahoma Law Review 623 (Fall 2003) |
Title VII of the Civil Rights Act of 1964 prohibits disparate treatment on the basis of race, religion, sex, and national origin with regard to all terms and conditions of employment. Title VII also bans retaliatory discrimination against those who complain of Title VII violations. Despite the broad language in the text, the circuit courts are... |
2003 |
| Sujata S. Menjoge |
TESTING THE LIMITS OF ANTI-DISCRIMINATION LAW: HOW EMPLOYERS' USE OF PRE-EMPLOYMENT PSYCHOLOGICAL AND PERSONALITY TESTS CAN CIRCUMVENT TITLE VII AND THE ADA |
82 North Carolina Law Review 326 (December, 2003) |
Introduction. 326 I. Overview of Psychological and Personality Tests. 329 II. Discrimination on the Basis of Race, Religion, National Origin, and Sex. 333 A. Overview of Title VII. 333 B. Discrimination Through Psychological and Personality Tests. 337 1. Circumvention of Regulations on Interview Questions. 337 2. Elimination of Candidates on the... |
2003 |
| Megan Jordan Strickland |
THE IMPACT OF INTERPRETATION: THE AGE DISCRIMINATION IN EMPLOYMENT ACT AS DETERMINED BY THE SIXTH CIRCUIT |
28 Seton Hall Legislative Journal 197 (2003) |
I. INTRODUCTION. 197 II. THE ADEA: PROVIDING PROTECTION FOR OLDER WORKERS. 199 A. The Legislative Background of the ADEA. 200 B. The Structure and Evolution of an ADEA Claim. 204 III. STATE AND FEDERAL INTERPRETATIONS OF AGE DISCRIMINATION STATUTES AND LANGUAGE. 208 A. Various States Already Permit Reverse Age Discrimination Claims. 208 B. Federal... |
2003 |
| Michael Selmi |
THE PRICE OF DISCRIMINATION: THE NATURE OF CLASS ACTION EMPLOYMENT DISCRIMINATION LITIGATION AND ITS EFFECTS |
81 Texas Law Review 1249 (April, 2003) |
The last decade has seen an explosion of employment discrimination class action lawsuits that have been resolved through record breaking settlements. The best known of these cases is the $176 million settlement involving Texaco, one that came on the heels of the much publicized discovery of tape-recorded meetings that seemingly indicated the use of... |
2003 |
| Chad Derum , Karen Engle |
THE RISE OF THE PERSONAL ANIMOSITY PRESUMPTION IN TITLE VII AND THE RETURN TO "NO CAUSE" EMPLOYMENT |
81 Texas Law Review 1177 (April, 2003) |
I. Introduction. 1178 II. From McDonnell Douglas to Hicks. 1183 A. The Development of the Title VII Burden-of-Proof Doctrine. 1183 1. From McDonnell Douglas to Reeves. 1183 2. Hicks and Personal Animosity.. 1185 3. The Furnco Presumption.. 1186 B. Three Critiques of the Case Law. 1188 1. Unconscious Bias.. 1188 2. Employment at Will.. 1190 3.... |
2003 |
| Frank J. Cavico |
THE TORT OF INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS IN THE PRIVATE EMPLOYMENT SECTOR |
21 Hofstra Labor and Employment Law Journal 109 (Fall 2003) |
I. Introduction. 110 II. Background and Controlling Law. 111 III. Elements of the Cause of Action. 113 A. Introduction. 113 B. Extreme and Outrageous Conduct. 116 1. Extreme Outrage v. Insults and Indignities. 116 C. Intent. 128 1. Requisite Intention. 128 2. Recklessness v. Negligence. 128 3. Transferred Intent. 130 D. Distress. 130 1. Actual... |
2003 |
| Chad Blumenfield |
TOWARDS AN ADEQUATE CERTIFICATION POLICY IN TITLE VII EMPLOYMENT DISCRIMINATION CLASS ACTIONS INVOLVING SUPERVISORS AND NON-SUPERVISORS |
2003 University of Chicago Legal Forum 661 (2003) |
Now that America has rid itself of the morally reprehensible institutions of slavery and segregation, racial discrimination may find its most common remaining expression in the workplace. As the Supreme Court has noted, racial discrimination is by definition class discrimination. It is not surprising, then, that plaintiffs wishing to remedy... |
2003 |