| Author | Title | Citation | Summary | Year |
| 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 |
| David Benjamin Oppenheimer |
VERDICTS MATTER: AN EMPIRICAL STUDY OF CALIFORNIA EMPLOYMENT DISCRIMINATION AND WRONGFUL DISCHARGE JURY VERDICTS REVEALS LOW SUCCESS RATES FOR WOMEN AND MINORITIES |
37 U.C. Davis Law Review 511 (December, 2003) |
Introduction. 513 I. A Review of Prior Employment Discrimination and Wrongful Discharge Jury verdict Research. 518 II. Verdicts Matter: How Jury Verdict Data Were Used to Justify the Imposition of Damage Caps in the 1991 Civil Rights Act. 528 III. The Results of a Comprehensive Survey of California Employment Discrimination and Wrongful Discharge... |
2003 |
| Thomas Earl Geu |
ARE EMPLOYEE APPRAISALS MAKING THE GRADE? A BASIC PRIMER AND ILLUSTRATIVE APPLICATION OF FEDERAL PRIVATE EMPLOYMENT DISCRIMINATION LAW |
47 South Dakota Law Review 430 (2002) |
At General Electric, for example, supervisors identify the top 20 percent and bottom 10 percent of their managerial and professional employees every year. The bottom 10 percent are not likely to stay. I. INTRODUCTION. 430 II. EMPLOYEE PERFORMANCE APPRAISAL DYNAMICS: CONNECTING LAW AND BUSINESS. 433 A. The Complaint Against Ford. 433 B. Employee... |
2002 |
| Monica Scales |
EMPLOYER CATCH-22: THE PARADOX BETWEEN EMPLOYER LIABILITY FOR EMPLOYEE CRIMINAL ACTS AND THE PROHIBITION AGAINST EX-CONVICT DISCRIMINATION |
11 George Mason Law Review 419 (Winter, 2002) |
Elizabeth Harrison awoke to hear her doorbell ring on New Year's Day, 1986. She answered the door and recognized the visitor as John Allen Turner, a furniture deliveryman who had recently delivered a couch to her home. She allowed him to enter her apartment, not knowing that he had been convicted of serious crimes including assault and battery, and... |
2002 |
| Nathaniel R. Wolf |
EMPLOYMENT DISCRIMINATION |
2002 Law Review of Michigan State University Detroit College of Law 471 (Summer 2002) |
L1-2Introduction 471. I. Family and Medical Leave Act. 472 A. Definition of Employer. 472 B. Request for Documentation. 473 II. Age Discrimination in Employment Act. 474 III. Americans with Disabilities Act. 475 A. Disability. 477 1. Substantially Limits. 477 2. Regarded as Having an Impairment. 479 B. Reasonable Accommodation. 482 IV. Title... |
2002 |
| April Minor |
EMPLOYMENT DISCRIMINATION AND LABOR LAW |
24 University of Arkansas at Little Rock Law Review 975 (Summer 2002) |
In Pollard v. E.I. du Pont de Nemours & Co., Sharon Pollard sued her employer, E.I. du Pont de Nemours & Company (DuPont), alleging that DuPont had discriminated against her based on gender by allowing a hostile work environment in violation of Title VII of the Civil Rights Act of 1964 (1964 Act). After determining that Pollard had indeed been... |
2002 |
| William D. Araiza |
ENDA BEFORE IT STARTS: SECTION 5 OF THE FOURTEENTH AMENDMENT AND THE AVAILABILITY OF DAMAGES AWARDS TO GAY STATE EMPLOYEES UNDER THE PROPOSED EMPLOYMENT NON-DISCRIMINATION ACT |
22 Boston College Third World Law Journal 1 (Winter, 2002) |
The United States Supreme Court's recent decision in Board of Trustees of the University of Alabama v. Garrett further circumscribed Congress' power to enforce the Fourteenth Amendment. The Court's recent decisions in this area insist that enforcement legislation be congruent and proportional to the constitutional violations sought to be... |
2002 |
| Susan Bisom-Rapp |
FIXING WATCHES WITH SLEDGEHAMMERS: THE QUESTIONABLE EMBRACE OF EMPLOYEE SEXUAL HARASSMENT TRAINING BY THE LEGAL PROFESSION |
24 Thomas Jefferson Law Review 125 (Spring 2002) |
Although judicially recognized as a form of sex discrimination for over two decades, sexual harassment remains a persistent problem for many American workers, especially those who are women. The recent suits brought against and ultimately settled by Mitsubishi and Ford illustrate how pervasive sexual harassment can be in a given workplace and, more... |
2002 |
| Pauline T. Kim |
GENETIC DISCRIMINATION, GENETIC PRIVACY: RETHINKING EMPLOYEE PROTECTIONS FOR A BRAVE NEW WORKPLACE |
96 Northwestern University Law Review 1497 (Summer 2002) |
On June 26, 2000, scientists made the stunning announcement that they had completed a rough draft of the human genome, mapping 97% of the roughly three billion letters composing human DNA, and had done so several years in advance of the anticipated completion date of the Human Genome Project (HGP). Politicians and scientists heralded the... |
2002 |
| Elizabeth M. Iglesias , JoAnne Durako , Devon Wayne Carbado , Margaret E. Montoya , Michael A. Olivas , Rex R. Perschbacher , Douglas D. Scherer , Vicki Schultz |
LABOR AND EMPLOYMENT IN THE ACADEMY - A CRITICAL LOOK AT THE IVORY TOWER: PROCEEDINGS OF THE 2002 ANNUAL MEETING OF THE ASSOCIATION OF AMERICAN LAW SCHOOLS, JOINT PROGRAM OF THE SECTION ON LABOR RELATIONS AND EMPLOYMENT LAW AND SECTION ON MINORITY GROUPS |
6 Employee Rights and Employment Policy Journal 129 (2002) |
Professor Elizabeth M. Iglesias: Welcome to the joint program of the Section on Labor Relations and Employment Law and Section on Minority Groups, and Happy New Year. You know from the materials in the AALS conference program overview that the purpose of this panel is to examine the structure and practices organizing work in the legal academy. This... |
2002 |
| Lawrence D. Rosenthal |
MOTIONS FOR SUMMARY JUDGMENT WHEN EMPLOYERS OFFER MULTIPLE JUSTIFICATIONS FOR ADVERSE EMPLOYMENT ACTIONS: WHY THE EXCEPTIONS SHOULD SWALLOW THE RULE |
2002 Utah Law Review 335 (2002) |
When employers are forced to defend their adverse employment actions, they often articulate numerous justifications for the at-issue decisions. Unfortunately for plaintiffs, the general rule that has developed concerning these cases of multiple justifications is that, to defeat employers' motions for summary judgment, plaintiffs must typically... |
2002 |
| Leroy D. Clark |
MOVEMENTS IN CRISIS: EMPLOYEE-OWNED BUSINESSES--A STRATEGY FOR COALITION BETWEEN UNIONS AND CIVIL RIGHTS ORGANIZATIONS |
46 Howard Law Journal 49 (Fall 2002) |
Our country has seen two great movements for justice: one led by labor unions to protect workers, and the other led by civil rights organizations to end racial segregation and discrimination. The two movements have had much in common in terms of the tasks that they confronted and the tactics used. Both built organizations based on a growing... |
2002 |
| Peggie R. Smith |
PARENTAL-STATUS EMPLOYMENT DISCRIMINATION: A WRONG IN NEED OF A RIGHT? |
35 University of Michigan Journal of Law Reform 569 (Spring 2002) |
This Article evaluates strategies to challenge employment discrimination based on parental status. Specifically, it examines proposals put forth by some commentators to establish parental status as a protected class. While such a suggestion is attractive, the Article argues that it ultimately offers few practical advantages and remains wedded to a... |
2002 |
| Laina Rose Reinsmith |
PROVING AN EMPLOYER'S INTENT: DISPARATE TREATMENT DISCRIMINATION AND THE STRAY REMARKS DOCTRINE AFTER REEVES v. SANDERSON PLUMBING PRODUCTS |
55 Vanderbilt Law Review 219 (January, 2002) |
I. L2-5,T5Introduction 220 II. L2-5,T5Making a Case Under Title VII and the ADEA 222 A. L3-5,T5An Overview of Title VII and the ADEA 222 B. L3-5,T5Choosing A Claim: Disparate Impact or Disparate Treatment 224 1. L4-5,T5Disparate Impact Claims: Violations Absent Discriminatory Motive 225 2. L4-5,T5Disparate Treatment Claims: Proving Discriminatory... |
2002 |
| John H. Marks |
SMOKE, MIRRORS, AND THE DISAPPEARANCE OF "VICARIOUS" LIABILITY: THE EMERGENCE OF A DUBIOUS SUMMARY-JUDGMENT SAFE HARBOR FOR EMPLOYERS WHOSE SUPERVISORY PERSONNEL COMMIT HOSTILE ENVIRONMENT WORKPLACE HARASSMENT |
38 Houston Law Review 1401 (Spring 2002) |
I. Introduction. 1402 II. The Supreme Court's Harassment Jurisprudence Under Title VII. 1407 A. The Definition of Workplace Harassment: An Inherently Vague Threshold of Intangible Discriminatory Abuse. 1408 B. The Scope of Employer Liability for Workplace Harassment: A Qualified Form of Vicarious Liability. 1413 III. A Dubious Safe Harbor... |
2002 |
| Cathy Currie |
STAYING ON THE STRAIGHTER AND NARROWER: A CRITICISM OF THE COURT'S DEFINITION OF ADVERSE EMPLOYMENT ACTION UNDER THE RETALIATION PROVISION OF TITLE VII |
43 South Texas Law Review 1323 (Fall 2002) |
I. Introduction. 1324 II. Background. 1325 A. Title VII Generally--Language and Purpose. 1325 B. Elements of the Retaliation Claim. 1328 C. The Advent of Hostile Environment Claims. 1329 D. Evolution of Title VII Discrimination Law Through Supreme Court Precedent. 1331 E. Current Interpretations of the Retaliation Statute--EEOC Guidelines and the... |
2002 |
| Mitchell Peterson |
THE APPLICABILITY OF FEDERAL EMPLOYMENT LAW TO INDIAN TRIBES |
47 South Dakota Law Review 631 (2002) |
Employment is one of the most fundamental relationships in the lives of Americans, and, accordingly, Congress has extensively regulated the employment relationship. In the context of Indian tribes as employers, the extent of federal regulation is unclear. Both Title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities... |
2002 |
| Ernest F. Lidge III |
THE COURTS' MISUSE OF THE SIMILARLY SITUATED CONCEPT IN EMPLOYMENT DISCRIMINATION LAW |
67 Missouri Law Review 831 (Fall 2002) |
I. Introduction. 831 II. A Short Summary of Employment Discrimination Law. 833 A. Types of Employment Discrimination Claims. 833 B. The Statutes. 834 C. Proving an Individual Disparate Treatment Case. 834 III. Problem I--Requiring a Similarly Situated Showing as an Element of the Prima Facie Case. 839 A. A Brief Survey of the Circuits. 839 B. The... |
2002 |
| John Valery White |
THE IRRATIONAL TURN IN EMPLOYMENT DISCRIMINATION LAW: SLOUCHING TOWARD A UNIFIED APPROACH TO CIVIL RIGHTS LAW |
53 Mercer Law Review 709 (Winter 2002) |
This Article argues that the Supreme Court's recent disparate treatment decisions under Title VII of the Civil Rights Act of 1964 represent a trend toward unifying all civil rights law under an approach most closely akin to traditional equity. This trend explains the curious tension between substance and process in the Court's most recent... |
2002 |
| JoAnne Ray |
THE TEN WORST TRANSPORTATION INDUSTRY EMPLOYER MISTAKES 2001-2003 |
30 Transportation Law Journal 81 (Fall 2002) |
Sponsoring defined benefit pension plans topped the list of the most expensive employment-related mistakes made in the transportation industry during the 2001-2003 survey period. Two other errors, failing to pay overtime in California and hiring commercial drivers with poor safety records, cost several transportation industry employers, or their... |
2002 |
| Joanne Gelfand, Esq. |
THE TREATMENT OF EMPLOYMENT DISCRIMINATION CLAIMS IN BANKRUPTCY: PRIORITY STATUS, STAY RELIEF, DISCHARGEABILITY, AND EXEMPTIONS |
56 University of Miami Law Review 601 (April, 2002) |
Bankruptcy courts, facing a surge in claims stemming from employment discrimination, are slowly exploring the impact of this area of law on case administration. An inherent conflict exists between the policies underlying employment discrimination and bankruptcy laws. On the one hand, employment discrimination laws seek to protect employees by... |
2002 |
| Thomas M. Hruz |
THE UNWISDOM OF THE WISCONSIN FAIR EMPLOYMENT ACT'S BAN OF EMPLOYMENT DISCRIMINATION ON THE BASIS OF CONVICTION RECORDS |
85 Marquette Law Review 779 (Spring 2002) |
I. Introduction. 781 II. Current Status of the Legality of Conviction Record Consideration in Employment Decisions. 783 A. Wisconsin's Fair Employment Act. 783 1. General Provisions, Purpose, and Enforcement. 783 2. Conviction Record. 786 a. Statutory Directives and Exceptions. 787 b. The Substantial Relation Test. 788 i. Overview. 788 ii. The... |
2002 |
| Frank J. Cavico |
TORTIOUS INTERFERENCE WITH CONTRACT IN THE AT-WILL EMPLOYMENT CONTEXT |
79 University of Detroit Mercy Law Review 503 (Summer 2002) |
Employees facing termination, especially employees at-will, frequently have sought to challenge their dismissals with traditional exceptions to the at-will doctrine, such as the implied contract, public policy, and implied covenant of good faith exceptions to the employment at-will doctrine. Not all states, however, recognize such exceptions... |
2002 |
| Catherine L. Fisk |
UNION LAWYERS AND EMPLOYMENT LAW |
23 Berkeley Journal of Employment and Labor Law 57 (2002) |
I. Introduction. 58 II. Unions, the Enforcement of Employment Law, and the Problem of Certification Elections. 63 A. The NLRA Protects the Rights of Employees to Obtain Union Assistance in the Enforcement of Employment Law in Non-Union Workplaces. 63 B. The Permissibility of Providing Legal Representation During an Organizing Campaign. 65 1. NLRB... |
2002 |
| Michael H. Leroy , Peter Feuille |
WHEN IS COST AN UNLAWFUL BARRIER TO ALTERNATIVE DISPUTE RESOLUTION? THE EVER GREEN TREE OF MANDATORY EMPLOYMENT ARBITRATION |
50 UCLA Law Review 143 (October, 2002) |
During its last term, the U.S. Supreme Court reaffirmed its approval of mandatory arbitration in Circuit City Stores, Inc. v. Adams and Green Tree Financial Corp.-Alabama v. Randolph. The 5-4 votes in these decisions show, however, that this public policy remains controversial. Many firms now require employees to waive their right to sue on... |
2002 |
| Kari Jahnke |
2000 STUDENT WRITING COMPETITION WINNER: RETALIATORY HARASSMENT AGAINST EMPLOYEES BY EMPLOYEES: SHOULD THE EMPLOYER BE LIABLE? |
16 Labor Lawyer 465 (Winter/Spring, 2001) |
Anna used to enjoy her responsibilities and challenges as a customer service representative and excelled at her job. However, she now dreads work every day. Her work environment is full of hostility and anger toward her. Her co-workers make degrading and derogatory comments regarding her African-American heritage, calling her names and berating... |
2001 |
| John Sanchez |
2001 SURVEY OF FLORIDA PUBLIC EMPLOYMENT LAW |
26 Nova Law Review 191 (Fall, 2001) |
This article spans the several stages of public employment, beginning with the law governing the hiring of employees. Part II surveys current issues arising out of residency requirements for public employees; how privatization, also known as outsourcing, a process high on Governor Jeb Bush's list of priorities, is fundamentally changing the... |
2001 |
| Christina M. Sautter |
A MATTER OF CLASS: THE IMPACT OF BROWN V. MCLEAN ON EMPLOYEE DISCHARGE CASES |
46 Villanova Law Review 421 (2001) |
We have seen the enemy and sometimes he or she works [or worked] for us. This may be the attitude that many employers have towards their former (litigious) employees as current and former employees file an increasing number of employment discrimination claims each year. Congress originally enacted Title VII of the Civil Rights Act of 1964 (Title... |
2001 |
| James E. Macdonald , Caryn L. Beck-Dudley |
A NATURAL LAW DEFENSE TO THE EMPLOYMENT LAW QUESTION: A RESPONSE TO RICHARD EPSTEIN |
38 American Business Law Journal 363 (Winter, 2001) |
Every individual is continually exerting himself to find out the most advantageous employment for whatever capital he can demand. It is his own advantage, indeed, and not that of the society, which he has in view. But the study of his own advantage naturally, or rather necessarily, leads him to prefer that employment which is most advantageous to... |
2001 |
| Christopher M. Courts |
AN ADVERSE EMPLOYMENT ACTION--NOT JUST AN UNFRIENDLY PLACE TO WORK: CO-WORKER RETALIATORY HARASSMENT UNDER TITLE VII |
87 Iowa Law Review 235 (October, 2001) |
I. Introduction. 236 II. Background: Retaliation Claims and Title VII. 237 A. Scope of Protection Under Title VII. 237 B. Elements of a Title VII Retaliation Claim. 240 C. Activities Considered to Be Adverse Employment Actions Under the Narrow View. 241 D. Activities Considered to Be Adverse Employment Actions Under the Broad View. 243 III.... |
2001 |
| Susan Bisom-Rapp |
AN OUNCE OF PREVENTION IS A POOR SUBSTITUTE FOR A POUND OF CURE: CONFRONTING THE DEVELOPING JURISPRUDENCE OF EDUCATION AND PREVENTION IN EMPLOYMENT DISCRIMINATION LAW |
22 Berkeley Journal of Employment and Labor Law 1 (2001) |
I. Introduction. 2 II. Evolution of the Jurisprudence of Education and Prevention. 6 III. The New Jurisprudence in Context: Regulations by the Regulated. 13 A. The Sum and Substance of Anti-Discrimination Training Programs. 15 1. Sexual Harassment Training in Context. 17 2. Diversity Training in Context. 20 B. Anti-Discrimination Training and the... |
2001 |