| Author | Title | Citation | Summary | Year |
| Michael L. Russell |
PREVIOUS ACTS OF EMPLOYMENT DISCRIMINATION: PROBATIVE OR PREJUDICIAL? |
25 American Journal of Trial Advocacy 297 (Fall, 2001) |
In his Article, professor of law and practicing attorney Michael Russell examines the question of whether past acts of discrimination should be introduced as evidence relating to an employer's character. Using the Federal Rules of Evidence as a basis, he analyzes whether such evidence has probative value or is merely prejudicial and suggests a... |
2001 |
| Kari Jahnke |
PROTECTING EMPLOYEES FROM EMPLOYEES: APPLYING TITLE VII'S ANTI-RETALIATION PROVISION TO COWORKER HARASSMENT |
19 Law & Inequality: A Journal of Theory and Practice 101 (Winter 2001) |
Imagine going to work every day knowing that you must endure your coworkers' degrading and derogatory comments. Your work environment is so full of hostility and anger toward you that you not only dread, but also fear, facing your coworkers everyday. You feel hopeless because you are unable to end the animosity provoked solely by characteristics... |
2001 |
| Donna E. Young |
RACIAL RELEASES, INVOLUNTARY SEPARATIONS, AND EMPLOYMENT AT-WILL |
34 Loyola of Los Angeles Law Review 351 (January, 2001) |
People of color in the United States have a complicated relationship with the world of work. For us, work has signified indentured servitude, slavery, mob violence, exploitation, drudgery, exhaustion, and ill-health. On the job, we have been subjected to long arduous hours, poor working conditions, and demeaning tasks. We have been segregated,... |
2001 |
| Matt Bachrack, Jennifer Herring, Dawn Jessen |
RECENT DECISIONS OF THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT: EMPLOYMENT LAW |
69 George Washington Law Review 609 (May, 2001) |
In Local 702, International Brotherhood of Electrical Workers v. NLRB, the D.C. Circuit clarified the three part test for finding an unfair labor practice under section 8(a)(3) of the National Labor Relations Act (NLRA). The dispute arose out of a lockout instituted by the Central Illinois Public Service Company (CIPS) in response to inside... |
2001 |
| Scotty Shively |
RESURGENCE OF THE CLASS ACTION LAWSUIT IN EMPLOYMENT DISCRIMINATION CASES: NEW OBSTACLES PRESENTED BY THE 1991 AMENDMENTS TO THE CIVIL RIGHTS ACT |
23 University of Arkansas at Little Rock Law Review 925 (Summer, 2001) |
Microsoft was recently named in a five billion dollar class action lawsuit brought by seven current and former African-American employees claiming race discrimination. This reflects what many employment lawyers have noticed: a definite resurgence in the use of the class action device to bring employment discrimination lawsuits against employers.... |
2001 |
| Susan Sturm |
SECOND GENERATION EMPLOYMENT DISCRIMINATION: A STRUCTURAL APPROACH |
101 Columbia Law Review 458 (April, 2001) |
The judiciary's traditional rule-based approach has been successful in reducing overt discrimination against women and people of color. It has been less effective in addressing more subtle and complex forms of workplace inequity. These second generation forms of bias result from patterns of interaction, informal norms, networking, mentoring, and... |
2001 |
| Theresa M. Beiner |
SEX, SCIENCE AND SOCIAL KNOWLEDGE: THE IMPLICATIONS OF SOCIAL SCIENCE RESEARCH ON IMPUTING LIABILITY TO EMPLOYERS FOR SEXUAL HARASSMENT |
7 William and Mary Journal of Women and the Law 273 (Winter, 2001) |
Senator Specter: . . . [U]nderstanding of the fact that you're 25 and that . . . you're shortly out of law school and the pressures that exist in this world . . . . [E]ven considering all of that, given your own expert standing and the fact that here you have the chief law enforcement officer of the country on this subject [sexual harassment] and... |
2001 |
| Susan W. Kline |
SURVEY OF EMPLOYMENT LAW DEVELOPMENTS FOR INDIANA PRACTITIONERS |
34 Indiana Law Review 675 (2001) |
Although no seismic shifts occurred in Indiana employment law during the survey period, there were a number of noteworthy developments. Observers generally agree that the Seventh Circuit continues to be more pro-employer than most other Circuits. However, two of the female justices of the Seventh Circuit called for more plaintiff-friendly... |
2001 |
| Ann K. Hadrava |
THE AMENDMENT TO FEDERAL RULE OF CIVIL PROCEDURE 26(B)(1) SCOPE OF DISCOVERY: AN EMPIRICAL ANALYSIS OF ITS POTENTIAL "RELEVANCY" TO EMPLOYMENT DISCRIMINATION ACTIONS |
26 Oklahoma City University Law Review 1111 (Fall, 2001) |
Effective December 1, 2000, a three-part package of amendments to the Federal Rules of Civil Procedure was promulgated, the most significant of which entailed amendments to discovery Rules 26 through 37. The overarching principle behind the change was to reduce cost and increase the efficiency of discovery, while yet preserving the policy of full... |
2001 |
| Laura T. Kessler |
THE ATTACHMENT GAP: EMPLOYMENT DISCRIMINATION LAW, WOMEN'S CULTURAL CAREGIVING, AND THE LIMITS OF ECONOMIC AND LIBERAL LEGAL THEORY |
34 University of Michigan Journal of Law Reform 371 (Spring 2001) |
Title VII has prohibited employment discrimination on the basis of pregnancy since 1978, when Congress passed the Pregnancy Discrimination Act (PDA), but it does not require employers to recognize women's caregiving obligations beyond the immediate, physical events of pregnancy and childbirth. The Family and Medical Leave Act of 1993 (FMLA)... |
2001 |
| Harry Hutchison |
THE COLLISION OF EMPLOYMENT-AT-WILL, SECTION 1981 & GONZALEZ: DISCHARGE, CONSENT AND CONTRACT SUFFICIENCY |
3 University of Pennsylvania Journal of Labor and Employment Law 207 (Winter 2001) |
[M]en must be left, without interference to buy and sell where they please, and to discharge or retain employes [sic] at will for good cause or for no cause, or even for bad cause without thereby being guilty of an unlawful act per se. It is a right which an employe [sic] may exercise in the same way, to the same extent, for the same cause or want... |
2001 |
| John J. Donohue III, Steven D. Levitt, Stanford Law School, University of Chicago and AmericanBar Foundation |
THE IMPACT OF RACE ON POLICING AND ARRESTS |
44 Journal of Law & Economics 367 (October, 2001) |
Race has long been recognized as playing a critical role in policing. In spite of this awareness, there has been little previous research that attempts to quantitatively analyze the impact of officer race on tangible outcomes. In this paper, we examine the relationship between the racial composition of a city's police force and the racial patterns... |
2001 |
| Katherine V.W. Stone |
THE NEW PSYCHOLOGICAL CONTRACT: IMPLICATIONS OF THE CHANGING WORKPLACE FOR LABOR AND EMPLOYMENT LAW |
48 UCLA Law Review 519 (February, 2001) |
In this Article, Professor Stone describes the profound changes that are occurring in the employment relationship in the United States. Firms are dismantling their internal labor markets and abandoning their implicit promises of orderly promotion and long-term job security. No longer is employment centered on a single, primary employer. Instead,... |
2001 |
| Alexandra Gruber , Barbara Kritchevsky |
THE UNEASY COEXISTENCE OF EQUAL PROTECTION AND FREE SPEECH CLAIMS IN THE PUBLIC EMPLOYMENT CONTEXT |
31 University of Memphis Law Review 559 (Spring 2001) |
I. Introduction 560 II. First Amendment Protections in the Public Employment Context 564 A. The Public/Private Speech Distinction 565 B. Balancing a Public Employer's Interest in Efficient Operations Against the Employee's Interest in Speaking on a Matter of Public Concern 571 III. The Equal Protection Clause of the Fourteenth Amendment and... |
2001 |
| Michael Evan Gold |
TOWARDS A UNIFIED THEORY OF THE LAW OF EMPLOYMENT DISCRIMINATION |
22 Berkeley Journal of Employment and Labor Law 175 (2001) |
I. Introduction. 177 II. Individual Disparate Treatment. 180 A. Direct Evidence of Individual Disparate Treatment. 180 B. Circumstantial Evidence of Individual Disparate Treatment. 181 1. Unequal Treatment. 181 2. The McDonnell Douglas Formula. 184 3. Two Senses of Prima Facie Case . 188 C. A Conventional Statement of the Prima Facie Case in the... |
2001 |
| Rebecca Hanner White , Linda Hamilton Krieger |
WHOSE MOTIVE MATTERS?: DISCRIMINATION IN MULTI-ACTOR EMPLOYMENT DECISION MAKING |
61 Louisiana Law Review 495 (Summer, 2001) |
The ultimate question in every employment discrimination case involving a claim of disparate treatment is whether the plaintiff was the victim of intentional discrimination. This statement by the Supreme Court in Reeves v. Sanderson Plumbing Products recites a basic and familiar principle of employment discrimination law. A successful disparate... |
2001 |
| Tobi T. Bromfield |
YOUR DNA IS YOUR RESUME: HOW INADEQUATE PROTECTION OF GENETIC INFORMATION PERPETUATES EMPLOYMENT DISCRIMINATION |
7 Washington and Lee Race and Ethnic Ancestry Law Journal 117 (Spring, 2001) |
Genetic testing, the new Pandora's Box of medical knowledge, cannot be greeted with full embrace. While genetic testing is useful for indicating the number of persons likely to contract a known disorder, potential harm exists when identified groups which carry a presently known genetic disease are singled out. This technology's youth and potential... |
2001 |
| Kingsley R. Browne |
ZERO TOLERANCE FOR THE FIRST AMENDMENT: TITLE VII'S REGULATION OF EMPLOYEE SPEECH |
27 Ohio Northern University Law Review 563 (2001) |
In Meritor Savings Bank, FSB v. Vinson, the Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibits sexual harassment of the hostile environment variety, stating that employees need not run a gauntlet of sexual abuse in return for the privilege of being allowed to work. The Court appeared to endorse the EEOC Guidelines,... |
2001 |
| Kamla Alexander |
A MODEST PROPOSAL: THE "REASONABLE VICTIM" STANDARD AND ALASKA EMPLOYERS' AFFIRMATIVE DEFENSE TO VICARIOUS LIABILITY FOR SEXUAL HARASSMENT |
17 Alaska Law Review 297 (December, 2000) |
This Note examines the Alaska Supreme Court's nascent interpretation of Alaska's anti-discrimination statute in sexual harassment cases. The Note begins by analyzing the history of sexual harassment case law in Alaska. The Note then discusses the benefits of applying the reasonable victim standard in the Alaska Supreme Court's determinations of... |
2000 |
| Philip Harvey |
AN ANALYSIS OF THE PRINCIPAL STRATEGIES THAT HAVE INFLUENCED THE DEVELOPMENT OF AMERICAN EMPLOYMENT AND SOCIAL WELFARE LAW DURING THE 20TH CENTURY |
21 Berkeley Journal of Employment and Labor Law 677 (2000) |
I. Introduction. 678 II. Responses to Joblessness. 686 A. The Behavioralist Approach. 686 B. The Job Shortage Approach. 689 C. The Structuralist Approach. 694 III. Assessing the Strategies. 701 A. Job Seekers and Job Vacancies. 702 B. Wage Rates and Unemployment Rates: Supply and Demand Analysis. 709 C. Macroeconomic Barriers to Full Employment.... |
2000 |
| B. Glenn George |
AN INVITED SCRUTINY OF PRIVACY, EMPLOYMENT, AND SEXUAL HARASSMENT: A REVIEW OFTHE UNWANTED GAZE: THE DESTRUCTION OF PRIVACY IN AMERICA |
11 UCLA Women's Law Journal 107 (Winter 2000) |
Professor George reviews Jeffrey Rosen's book, The Unwanted Gaze: The Destruction of Privacy in America. In her Book Review, Professor George focuses on Professor Rosen's discussion of sexual harassment law and his proposal that the claim of hostile environment sexual harassment be eliminated as a cause of action under Title VII of the Civil Rights... |
2000 |
| Joyce E. Taber |
AN UNANSWERED QUESTION ABOUT MANDATORY ARBITRATION: SHOULD A MANDATORY ARBITRATION CLAUSE PRECLUDE THE EEOC FROM SEEKING MONETARY RELIEF ON AN EMPLOYEE'S BEHALF IN A TITLE VII CASE? |
50 American University Law Review 281 (October, 2000) |
Introduction. 282 I. Background. 285 A. Gilmer and Mandatory Arbitration Under the FAA. 285 B. Title VII Statutory Scheme and Remedies. 288 II. Circuit Split on Scope of EEOC Remedies and Monetary Relief. 292 A. Only Injunctive Relief. 292 1. Second Circuit: EEOC v. Kidder, Peabody & Co.. 292 2. Fourth Circuit: EEOC v. Waffle House, Inc.. 297 B.... |
2000 |
| Elizabeth M. Adamitis |
APPEARANCE MATTERS: A PROPOSAL TO PROHIBIT APPEARANCE DISCRIMINATION IN EMPLOYMENT |
75 Washington Law Review 195 (January, 2000) |
The consideration of appearance in the employment decisionmaking context is prevalent and widely accepted. Nonetheless, statutory protection against such discrimination remains limited. Federal protection applies only to claims related to already-protected categories of discrimination, including disability, race, color, religion, sex,... |
2000 |
| Licia M. Williams |
DOES AN AT-WILL EMPLOYEE HAVE A CONTRACT SUFFICIENT TO SUPPORT A RACE DISCRIMINATION CLAIM AGAINST AN EMPLOYER UNDER 42 U.S.C. § 1981? |
30 University of Memphis Law Review 923 (Summer, 2000) |
I. L2-5Introduction 924 II. L2-5Section 1981 Interpretation 930 A. L4-5Section 1981 Interpretation Under Patterson v. McLean Credit Union 932 B. L4-5Section 1981 Interpretation Following the Amendments of the Civil Rights Act of 1991 935 III. L2-5The Federal Circuit and District Court Interpretations of Whether an At-Will Employee Has Standing To... |
2000 |
| Victoria K. Lin |
EMBRACING MINORITY HOUSING AND EMPLOYMENT RIGHTS IN THE NEW MILLENNIUM |
31 McGeorge Law Review 211 (Winter, 2000) |
With regard to urban housing and employment, the first half of the twentieth century saw racially restrictive covenants garner public attention, while the latter half experienced a focus on sexual orientation discrimination in employment. As the nation enters the twenty-first century, California is demonstrating a growing acceptance of racial... |
2000 |
| Mark E. Schreiber |
EMPLOYER E-MAIL AND INTERNET RISKS, POLICY GUIDELINES AND INVESTIGATIONS |
85 Massachusetts Law Review 74 (Fall, 2000) |
Cyberstalking, on-line threats of violence, sex sites and spam complicate the efficiency and compromise the integrity of employer-provided systems and Internet access. Companies may face claims of discrimination or sexual harassment arising from their employees' sexual, racial, or otherwise threatening or harassing e-mails or Internet graphics or... |
2000 |
| Kristin Piepmeier |
EMPLOYER LIABILITY FOR WORKPLACE SEXUAL HARASSMENT PERPETRATED BY SUPERVISORS:THE VICARIOUS LIABILITY STANDARD OF BURLINGTON INDUSTRIES, INC. V. ELLERTHAND FARAGHER V. CITY OF BOCA RATON |
36 Willamette Law Review 141 (Winter 2000) |
In 1998, the United States Supreme Court set forth standards governing the burden of proof in hostile environment sexual harassment cases where a plaintiff seeks to hold an employer accountable for a supervisor's harassment. The holdings of Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton placed the burden upon the employer... |
2000 |
| Phillip R. Jones ; Jennifer A. Youpa ; Stacey S. Calvert |
EMPLOYMENT AND LABOR LAW |
53 SMU Law Review 929 (Summer 2000) |
I. INTRODUCTION. 930 II. STATUTORY CLAIMS. 930 A. Anti-discrimination Statutes. 930 1. Sex Discrimination and Sexual Harassment. 931 2. Disability Discrimination. 934 3. Race and National Origin Discrimination. 938 4. Age Discrimination. 940 5. Retaliation. 941 B. Workers' Compensation Retaliation. 943 C. Texas Whistleblower Act Claims. 946 III.... |
2000 |
| Abigail C. Saguy |
EMPLOYMENT DISCRIMINATION OR SEXUAL VIOLENCE? DEFINING SEXUAL HARASSMENT IN AMERICAN AND FRENCH LAW |
34 Law and Society Review 1091 (2000) |
In this article I examine how and why the term sexual harassment has been defined very differently in American and French law. Drawing on political and legal history, I argue that feminists mobilized in both countries to create sexual harassment law, but encountered dissimilar political, legal, and cultural constraints and resources. Having... |
2000 |
| Ronald Turner |
EMPLOYMENT DISCRIMINATION, LABOR AND EMPLOYMENT ARBITRATION, AND THE CASE AGAINST UNION WAIVER OF THE INDIVIDUAL WORKER'S STATUTORY RIGHT TO A JUDICIAL FORUM |
49 Emory Law Journal 135 (Winter 2000) |
Employees working in the nation's workplaces are officially protected by a number of federal employment discrimination statutes. For example, Title VII of the Civil Rights Act of 1964 (Title VII) makes it unlawful for an employer or a labor organization to discriminate against individuals because of their race, color, religion, sex, or national... |
2000 |
| Samuel E. Peckham |
EMPLOYMENT LAW --REVERSE DISCRIMINATION--TITLE RCO DOES NOT REQUIRE A PARTY ALLEGING REVERSE DISCRIMINATION TO PROVIDE EVIDENCE OF BACKGROUND CIRCUMSTANCES TO DEMONSTRATE THAT THE EMPLOYER UNJUSTLY DISCRIMINATES AGAINST THE MAJORITY TO ESTABLISH A PRIMA F |
30 Seton Hall Law Review 1012 (2000) |
In 1992, the United States Postal Service conducted a massive reorganization that consolidated or eliminated numerous executive-level posts. See Iadimarco v. Runyon, 190 F.3d 151, 154 (3d Cir. 1999). During this time, Charles Iadimarco, a white male managerial employee, was forced to tender a 991 Form indicating his preference for other Postal... |
2000 |
| James N. Phillips |
EMPLOYMENT LAW: DISPARATE TREATMENT EMPLOYMENT DISCRIMINATION POST-HICKS ANALYSIS OF DISPARATE TREATMENT DISCRIMINATION UNDER THE MCDONNELL DOUGLAS FRAMEWORK AND ITS RECENT APPLICATION IN THE TENTH CIRCUIT |
77 Denver University Law Review 483 (2000) |
Congress responded to the problem of discrimination in the workplace through the enactment of Title VII of the Civil Rights Act of 1964 (Title VII). Under Title VII, an employer may not base its employment decisions on individual employee characteristics such as race or gender. This statutory prohibition is intended to eliminate intentional... |
2000 |
| J. Benjamin Earthman |
EMPLOYMENT-TETRO V. ELLIOTT POPHAM PONTIAC, OLDSMOBILE, BUICK, & GMC TRUCKS, INC.: THE SIXTH CIRCUIT INTERPRETS TITLE VII AND THE TENNESSEE HUMAN RIGHTS ACT TO INCLUDE DISCRIMINATION BASED UPON AN EMPLOYEE'S BIRACIAL CHILD |
30 University of Memphis Law Review 971 (Summer, 2000) |
On July 28, 1996, Elliott Popham hired Plaintiff Fred E. Tetro, Jr., a white male, as the finance manager of his automobile dealership. Tetro came highly recommended by Brian McDonald, the General Manager of the dealership and immediately began receiving praise for his job performance from not only co-workers but also Popham himself. Tetro's... |
2000 |
| Mary Beth Hamilton |
FARAGHER V. CITY OF BOCA RATON: EMPLOYERS HELD VICARIOUSLY LIABLE FOR SUPERVISORY-CREATED HOSTILE WORK ENVIRONMENTS |
9 Widener Journal of Public Law 431 (2000) |
One of the fastest growing areas of law in the employment field today is hostile work environment discrimination. Title VII of the Civil Rights Act of 1964 established a cause of action not only for discriminatory acts with tangible employment consequences, but also one for hostile work environments. The hostile work environment was first... |
2000 |
| Barclay D. Beery |
FROM ASPIRATION TO ARROGANCE AND BACK: THE ONCE AND FUTURE ROLE OF "EQUAL EMPLOYMENT OPPORTUNITY" UNDER TITLE VII |
34 Valparaiso University Law Review 435 (Summer, 2000) |
Of course it's not true. Of course it never will be true. But I challenge anybody to tell me that it isn't the type of goal we should try to get to as fast as we can. - Thurgood Marshall . . . the others you will meet. They won't act as kindly if they see you on the street. - Donald Fagen and Walter Becker Our grandson, Jack, has come over to visit... |
2000 |
| Honorable H. Lee Sarokin ; Jane K. Babin ; Allison H. Goddard |
HAS AFFIRMATIVE ACTION BEEN NEGATED? A CLOSER LOOK AT PUBLIC EMPLOYMENT |
37 San Diego Law Review 575 (Summer 2000) |
I. Introduction. 576 II. Affirmative Action in the Supreme Court: The Evolution and Aftermath of Strict Scrutiny. 578 A. The Development of Strict Scrutiny in the Public Employment Context. 581 B. The New Debate: Is Strict Scrutiny the Death Knell for Affirmative Action?. 590 C. Summary. 599 III. The Aftermath of Strict Scrutiny in the Lower... |
2000 |
| John E. Taylor |
HELPING THOSE WHO HELP THEMSELVES: THE FOURTH CIRCUIT'S TREATMENT OF AGREEMENTS TO ARBITRATE STATUTORY EMPLOYMENT DISCRIMINATION CLAIMS IN BROWN V. ABF FREIGHT SYSTEMS, INC. AND EEOC V. WAFFLE HOUSE, INC. |
79 North Carolina Law Review 239 (December, 2000) |
Plainly, it would not comport with the congressional objectives behind a statute seeking to enforce civil rights . . . to allow the very forces that had practiced discrimination to contract away the right to enforce civil rights in the courts. For federal courts to defer to arbitral decisions reached by the same combination of forces that had long... |
2000 |
| Mindy L. Caplan |
III. EMPLOYMENT LAW |
59 Maryland Law Review 1330 (2000) |
In Spriggs v. Diamond Auto Glass, the Fourth Circuit considered whether at-will employment relationships were contracts entitled to the protection of 42 U.S.C. § 1981. Section 1981 guarantees that all people have equal rights to make and to enforce contracts. The court held that although at-will employment relationships were terminable at the... |
2000 |
| Michael S. Truesdale , G. James Landon |
LABOR AND EMPLOYMENT LAW |
31 Texas Tech Law Review 711 (2000) |
I. L2-4Introduction 714 II. L2-4Sexual Harassment/Sexual Discrimination 714 A. L3-4Sufficiency of Knowledge of Harassment 715. 1. Constructive Knowledge Based on Departmental Organization: Sharp v. City of Houston. 715 2. Knowledge Deemed Relevant as a Result of Company Harassment Policies: Williamson v. City of Houston. 717 B. L3-4Hostile Work... |
2000 |
| Gary M. Kramer |
LIMITED LICENSE TO FISH OFF THE COMPANY PIER: TOWARD EXPRESS EMPLOYER POLICIES ON SUPERVISOR-SUBORDINATE FRATERNIZATION |
22 Western New England Law Review 77 (2000) |
Co-workers very often enter romantic relationships with each other. Employers cannot effectively prohibit that, and should not try. However, certain office romances-between supervisors and subordinates who are in a direct reporting relationship or are otherwise on different hierarchical levels-are particularly troublesome for the employees... |
2000 |
| Susan C. Thies |
MILLS V. HEALTH CARE SERVICE CORPORATION: ARE "BACKGROUND CIRCUMSTANCES' TOO MUCH TO ASK OF A PLAINTIFF ALLEGING REVERSE DISCRIMINATION IN EMPLOYMENT? |
74 Saint John's Law Review 537 (Spring 2000) |
Title VII of the Civil Rights Act of 1964 was enacted to eradicate discrimination against persons on the basis of race, color, religion, sex, or national origin in employment determinations. Title VII protects members of any race, gender, religion, or national origin. In McDonnell Douglas Corp. v. Green, a case involving discrimination against a... |
2000 |
| by Robert Belton |
MIXED-MOTIVE CASES IN EMPLOYMENT DISCRIMINATION LAW REVISITED: A BRIEF UPDATED VIEW OF THE SWAMP |
51 Mercer Law Review 651 (Winter 2000) |
In 1973 the Supreme Court enunciated an analytical framework in McDonnell Douglas Corp. v. Green with the purpose of providing plaintiffs in statutory employment discrimination cases a full and fair opportunity to prove intentional discrimination despite the unavailability of direct evidence. The McDonnell Douglas framework is used primarily in... |
2000 |
| Mary K. O'Melveny |
NEGOTIATING THE MINEFIELDS: SELECTED ISSUES FOR LABOR UNIONS ADDRESSING SEXUAL HARASSMENT COMPLAINTS BY REPRESENTED EMPLOYEES |
15 Labor Lawyer 321 (Winter/Spring, 2000) |
Sexual harassment continues to be a problem in the workplace, particularly for workers in non-traditional jobs, whether that term means the rarified glass ceiling position, or the mostly male construction site. Labor unions can be confronted with sexual harassment complaints in their capacity as employers, and in their capacity as collective... |
2000 |
| Gary M. Kramer |
NO CLASS: POST-1991 BARRIERS TO RULE 23 CERTIFICATION OF ACROSS-THE-BOARD EMPLOYMENT DISCRIMINATION CASES |
15 Labor Lawyer 415 (Winter/Spring, 2000) |
After a long decline in frequency following a peak in 1976, Title VII pattern and practice employment discrimination class actions have increased in the last few years. Since the Civil Rights Act was enacted, district court judges have had broad discretion in determining whether to certify and how to define a class in these cases. Prior to 1991,... |
2000 |
| Robert Thomas Roos |
NO HARM, NO FRAUD: THE INVALIDITY OF STATE FRAUD CLAIMS BROUGHT AGAINST EMPLOYMENT TESTERS |
53 Vanderbilt Law Review 1687 (October, 2000) |
I. L2-4,T4Introduction 1688 II. L2-4,T4Employment Testers as Litigants: the Debate Over Standing 1695 A. L3-4,T4The Statutory and Administrative Development of Employment Testing 1695 1. Title VII and the Equal Employment Opportunity Commission. 1695 2. Title VII, the Fair Housing Act, and Undercover Testing. 1696 B. L3-4,T4The Jurisprudential... |
2000 |
| Peggie R. Smith |
ORGANIZING THE UNORGANIZABLE: PRIVATE PAID HOUSEHOLD WORKERS AND APPROACHES TO EMPLOYEE REPRESENTATION |
79 North Carolina Law Review 45 (December, 2000) |
In this Article, Professor Smith argues that private paid household workers can and should organize even as they have been excluded from the National Labor Relations Act and most state collective bargaining statutes. Drawing upon historical and contemporary organizing efforts among paid household workers, as well as innovative organizing drives to... |
2000 |
| Brian K. Landsberg |
PAUL D. MORENO, FROM DIRECT ACTION TO AFFIRMATIVE ACTION: FAIR EMPLOYMENT LAW AND POLICY IN AMERICA, 1933-1972, BATON ROUGE: LOUISIANA STATE UNIVERSITY PRESS, 1997. PP. 312. $35.00 CLOTH; $12.95 PAPER (ISBN 0-8071-2138-X; 0-8071-2383-8) |
18 Law and History Review 240 (Spring, 2000) |
Paul D. Moreno sets out to furnish a legal, historical, and analytical explanation of the transformation of the color-blind, individual rights, equality of opportunity formula into the color-conscious, group rights, equality of result formula (2). He succeeds admirably in his exposition of the social, economic, and political settings within which... |
2000 |
| Kurt H. Decker |
PENNSYLVANIA'S WHISTLEBLOWER LAW'S EXTENSION TO PRIVATE SECTOR EMPLOYEES: HAS THE TIME FINALLY COME TO BROADEN STATUTORY PROTECTION FOR ALL AT-WILL EMPLOYEES? |
38 Duquesne Law Review 723 (Spring 2000) |
L1-2Introduction 724. E5I. At-Will Employment. 731 A. United States. 731 B. Pennsylvania. 735 II. Pennsylvania's Whistleblower Law. 743 III. Pennsylvania's Whistleblower Law's Extension to Private Sector Employees. 750 IV. Statutory Modification of At-Will Employment. 754 A. Why Protect At-Will Employees Statutorily?. 754 B. State Statutes... |
2000 |
| Robert W. Cowan |
PIZZA HUT PAYS THE DOUGH AS THE TENTH CIRCUIT HANDS EMPLOYERS A BIGGER SLICE OF THE SEXUAL HARASSMENT LIABILITY PIE IN LOCKARD V. PIZZA HUT, INC., 162 F.3D 1062 (10TH CIR. 1998) |
41 South Texas Law Review 1157 (Summer 2000) |
I. Introduction. 1157 II. Background on Employer Liability for Hostile Work Environment Sexual Harassment. 1162 III. How the Tenth Circuit in Lockard Defies Traditional Analysis in Hostile Work Environment Sexual Harassment Cases. 1165 A. The Should Have Known Standard--A Question of Foreseeability. 1167 B. The Duty to Correct versus the Duty to... |
2000 |
| Joseph M. Kelly , Adele Sinclair |
SEXUAL HARASSMENT OF EMPLOYEES BY CUSTOMERS AND OTHER THIRD PARTIES: AMERICAN AND BRITISH VIEWS |
31 Texas Tech Law Review 807 (2000) |
In both Great Britain and the United States, the respective legislative bodies prohibit discrimination on the basis of sex. In both jurisdictions, courts have concluded that sexual harassment is a prohibited type of sex discrimination. Furthermore, both countries have expanded the scope of traditional employer liability for sexual harassment to... |
2000 |