AuthorTitleCitationSummaryYear
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
Nicole A. Forkenbrock Lindemyer SEXUAL HARASSMENT ON THE SECOND SHIFT:THE MISFIT APPLICATION OF TITLE VII EMPLOYMENT STANDARDS TO TITLE VIII HOUSING CASES 18 Law & Inequality: A Journal of Theory and Practice 351 (Summer 2000) [F]or the embattled/there is no place/that cannot be/home/nor is. Audre Lorde Yet another strand of sexual harassment is infecting women's lives and has begun to be treated in our courts: sexual harassment in the home. In increasing numbers, women are being forced to endure demands for sex from those who provide their housing, and to live in... 2000
Sindy J. Policy THE EMPLOYER AS MONITOR 10-DEC Business Law Today 9 (November/December, 2000) So here's the scene: A woman employee walks past a male colleague's office and sees a suggestive screen saver on his computer terminal. She sues the company for not doing anything about such sexual harassment in the workplace. The company seeks your legal advice. In today's world of exploding employment litigation, employers are seeing a tremendous... 2000
Joanna L. Grossman THE FIRST BITE IS FREE: EMPLOYER LIABILITY FOR SEXUAL HARASSMENT 61 University of Pittsburgh Law Review 671 (Spring, 2000) The common law extends to a dog the prestigious distinction of being entitled to one bite before its owner becomes strictly liable for damages. While this common law privilege for dog owners has been largely abrogated by statute, the Supreme Court recently adopted a variation of it for employers of supervisors who sexually harass their... 2000
Ernest F. Lidge III THE MALE EMPLOYEE DISCIPLINED FOR SEXUAL HARASSMENT AS SEX DISCRIMINATION PLAINTIFF 30 University of Memphis Law Review 717 (Summer, 2000) I. L2-4Introduction 717 II. L2-4The Courts' Unjustified Imposition of a Similarly Situated Requirement 721 III. L2-4The Male Employee Disciplined for Harassment May Meet the Because of Sex Requirement in a Variety of Ways 729 A. Sexual Stereotyping. 729 B. Oncale, Sex Specific Language, and Rumors as Sexual Harassment. 733 C. Cat's Paw Cases.... 2000
Anne Lawton THE MERITOCRACY MYTH AND THE ILLUSION OF EQUAL EMPLOYMENT OPPORTUNITY 85 Minnesota Law Review 587 (December, 2000) [O]ur legal scheme against discrimination would be little more than a toothless tiger if the courts were to require . . . direct evidence of discrimination. -- Marzano v. Computer Science Corp. Protections in law should be protections in fact. -- President Clinton Two years ago, I developed an exercise for my students, most of whom major in... 2000
Jennifer L. Rakstad, Charlotte E. Kaiser, Kris T. Pribadi THE PROGRESS OF TANZANIAN WOMEN IN THE LAW: WOMEN IN LEGAL EDUCATION, LEGAL EMPLOYMENT AND LEGAL REFORM 10 Southern California Review of Law and Women's Studies 35 (Fall 2000) The progress of women in the law is a universal issue as women around the world deal with gender inequality in education, the work environment and the laws. Within the legal community of the United States, members of the Bar have raised awareness about the gender disparities that still affect women in legal education, legal employment and the legal... 2000
Bruce D. Black THE USE (OR ABUSE) OF EXPERT WITNESSES IN POST- DAUBERT EMPLOYMENT LITIGATION 17 Hofstra Labor & Employment Law Journal 269 (Spring 2000) In the course of one decade, the United States Supreme Court has come from holding that expert testimony as to future events was admissible to support a criminal conviction, to the point where it now requires the district judge to carefully scrutinize proposed testimony before permitting an expert to take the witness stand in a civil case. It is... 2000
Alex B. Long TORTIOUS INTERFERENCE WITH BUSINESS RELATIONS: "THE OTHER WHITE MEAT" OF EMPLOYMENT LAW 84 Minnesota Law Review 863 (April, 2000) When an attorney representing the interests of an employer receives a copy of a newly-filed complaint, she almost invariably can expect to find buried among the allegations of wrongful conduct an assertion of some collateral tort. In addition to the typical claims of discrimination, wrongful discharge, or breach of contract, a defense attorney can... 2000
Robert M. Smith UNION-NEGOTIATED WAIVERS OF AN EMPLOYEE'S FEDERAL FORUM RIGHTS TO STATUTORY CLAIMS: ARE THEY AN EFFECTIVE MEANS TO EXCLUSIVITY? 65 Missouri Law Review 229 (Winter 2000) Virtually every collective bargaining agreement provides for the use of labor arbitration in the event that the employer, and the union representing the employee, are unable to reach a mutually agreeable result. However, even after Wright v. Universal Maritime Service Corp., it remains unclear whether an agreement to arbitrate can require... 2000
Christina M. Royer WEST V. GIBSON : FEDERAL EMPLOYEES WIN THE BATTLE, BUT ULTIMATELY LOSE THE WAR FOR COMPENSATORY DAMAGES UNDER TITLE VII 33 Akron Law Review 417 (2000) Whatever the EEOC's original mission, and whatever the original hope, today the agency is clearly a failure, serving as little more than an administrative obstacle to resolution of claims . In 1991, Congress passed the Civil Rights Act of 1991 (hereinafter 1991 CRA), which allows victims of intentional employment discrimination to recover... 2000
Pamela J. Holder A SQUARE PEG TRYING TO FIT INTO A ROUND HOLE: THE FEDERAL COMMUNICATION COMMISSION'S EQUAL EMPLOYMENT OPPORTUNITY REGULATIONS IN LUTHERAN CHURCH MISSOURI-SYNOD V. FEDERAL COMMUNICATIONS COMMISSION 32 Akron Law Review 351 (1999) In Lutheran Church-Missouri Synod v. Federal Communication Commission, the District of Columbia Circuit Court of Appeals held that the Federal Communications Commission's equal employment regulations (EEO) were unconstitutional. The Church challenged the application of the FCC's religious preference exemption policy and the future effect of the EEO... 1999
Judith J. Johnson A UNIFORM STANDARD FOR EXEMPLARY DAMAGES IN EMPLOYMENT DISCRIMINATION CASES 33 University of Richmond Law Review 41 (March, 1999) The standards for exemplary damages in employment discrimination cases are in disarray. The major federal provisions that prohibit private employment discrimination, Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 1981 (§ 1981), the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act... 1999
Rachel M. Wolf A. Inviting Employers to Retaliate Against Employees Who Assert Their Rights Under Title VII 58 Maryland Law Review 1280 (1999) In Munday v. Waste Management of North America, Inc., the United States Court of Appeals for the Fourth Circuit held that an employer's conduct of instruct[ing] [other] employees to ignore and spy on their coworker after she filed an employment discrimination charge did not, in itself, constitute actionable retaliation under section 704(a) of... 1999
STACEY M. BRANDENBURG ALTERNATIVES TO EMPLOYMENT DISCRIMINATION AT PRIVATE RELIGIOUS SCHOOLS 1999 Annual Survey of American Law 335 (1999) Congress launched a seemingly formidable attack on employment discrimination in passing Title VII of the Civil Rights Act of 1964 (the Act), which outlaws the deprivation of employment opportunities on account of race, color, religion, sex, or national origin. The Act also created the Equal Employment Opportunity Commission which, empowered by... 1999
Geraldine Szott Moohr ARBITRATION AND THE GOALS OF EMPLOYMENT DISCRIMINATION LAW 56 Washington and Lee Law Review 395 (Spring 1999) Table of Contents I. Introduction. 396 II. Arbitration. 401 A. The Federal Arbitration Act and Commercial Arbitration. 404 B. Federal Labor Law and Labor Arbitration. 405 III. The Supreme Court and the Arbitration of Statutory Claims. 406 A. Public Policy Renders Statutory Claims Inarbitrable. 407 1. Commercial Arbitration of Securities Fraud... 1999
Jennifer L. Reichert AT-WILL EMPLOYEE MAY FILE §1981 CLAIM, FOURTH CIRCUIT RULES 35-JUN Trial 96 (June, 1999) A ruling by the Fourth Circuit may help put to rest the common defense argument that at-will employment is not a contractual relationship and, therefore, at-will employees cannot sue for civil rights violations under 42 U.S.C. §1981. The Fourth Circuit joins the Fifth Circuit in ruling that these employees may file race discrimination claims under... 1999
Susan Bisom-Rapp BULLETPROOFING THE WORKPLACE: SYMBOL AND SUBSTANCE IN EMPLOYMENT DISCRIMINATION LAW PRACTICE 26 Florida State University Law Review 959 (Summer, 1999) I. Introduction. 959 II. Law in Everyday Life: Employer Responses to Civil Rights Law. 967 III. Defense Practice in Everyday Life. 976 A. The Ubiquity of Litigation Prevention Advice. 980 B. Why Employers Listen. 984 C. Scripting Reality with Litigation Prevention Advice. 988 1. Ensuring the Continual Production of Favorable Evidence. 992 (a)... 1999
Noel Evans CIVIL RIGHTS--FEDERAL REMEDIES: THE UNITED STATES SUPREME COURT, AS FEDERAL FLAGSHIP FOR EMPLOYMENT EQUALITY, BALANCES RESPONSIBILITY BETWEEN EMPLOYER AND VICTIM BY IMPOSING VICARIOUS LIABILITY SUBJECT TO AN AFFIRMATIVE DEFENSEFOR SUPERVISOR SEXUAL HARASS 75 North Dakota Law Review 87 (1999) Kimberly Ellerth was employed in March 1993 by Burlington Industries, Inc., initially as a merchandising assistant and later promoted to sales representative. Fifteen months later, Ellerth resigned after being repeatedly subjected to sexually inappropriate remarks and touches by a supervisor, Theodore Slowik. Besides degrading and offensive... 1999
Lynn Evans CONFUSION IN THE COURT: SEXUAL HARASSMENT LAW, EMPLOYER LIABILITY, AND STATUTORY PURPOSE 21 Loyola of Los Angeles International and Comparative Law Journal 521 (July, 1999) Sexual harassment law has come a long way in the twenty years since the term sexual harassment first entered the lexicon. The behavior once regarded as a normal if sometimes offensive part of human interaction is now, depending on the circumstances, redressable as illegal discrimination based on gender. In particular, more and more U.S. courts... 1999
  CONSTITUTIONAL LAW--EQUAL PROTECTION--D.C. CIRCUIT FINDS FCC'S EQUAL EMPLOYMENT OPPORTUNITY REGULATIONS UNCONSTITUTIONAL.--LUTHERAN CHURCH-MISSOURI SYNOD V. FCC, 141 F.3D 344 (D.C. CIR.), REH'G EN BANC DENIED, 154 F.3D 487 (D.C. CIR. 1998). 112 Harvard Law Review 988 (February, 1999) In Adarand Constructors, Inc. v. Pena, the Supreme Court's most recent affirmative action decision, the Court determined that strict scrutiny must be applied to all federal, state, and local government programs that employ racial classifications. Last April, in Lutheran Church-Missouri Synod v. FCC, the Court of Appeals for the District of Columbia... 1999
By Susan Bisom-Rapp DISCERNING FORM FROM SUBSTANCE: UNDERSTANDING EMPLOYER LITIGATION PREVENTION STRATEGIES 3 Employee Rights and Employment Policy Journal 1 (1999) Employment discrimination law has reached its mature phase. Long gone are the days when women and minorities were categorically denied access to the most lucrative and prestigious occupations. The civil rights revolution has enabled members of many protected groups to make significant economic gains. Yet despite undeniable progress, empirical... 1999
AndrÉ G. Travieso EMPLOYEE FREE SPEECH RIGHTS IN THE WORKPLACE: BALANCING THE FIRST AMENDMENT AGAINST RACIST SPEECH BY POLICE OFFICERS 51 Rutgers Law Review 1377 (Summer, 1999) Debates have long raged on the extent to which state governments as employers are entitled to limit the constitutional rights to the freedom of speech and expression of their public employees. Although the issue had been considered by the courts, it was not the subject of much debate until a recent incident in New York City involving a police... 1999
B. Glenn George EMPLOYER LIABILITY FOR SEXUAL HARASSMENT: THE BUCK STOPS WHERE? 34 Wake Forest Law Review 1 (Spring 1999) The author reviews recent Supreme Court guidance that refines and clarifies the standard for employer liability in Title VII sexual harassment cases. Although some have touted these recent cases as a victory for the plaintiffs, which impose greater liability on employers, these decisions have added few practical implications for employer behavior.... 1999
Louis P. DiLorenzo , Laura H. Harshbarger EMPLOYER LIABILITY FOR SUPERVISOR HARASSMENT AFTER ELLERTH AND FARAGHER 6 Duke Journal of Gender Law & Policy 3 (Spring, 1999) In recent years, the law of sexual harassment under Title VII has been evolving at an exhausting pace. The amount of development in Title VII case law is due as much to the sheer number of sexual harassment suits as to the relative lack of guidance from the Supreme Court in this area. However, in its most recent term, the Supreme Court granted... 1999
Matt Vega EMPLOYER LIABILITY IN SEXUAL HARASSMENT CASES: TWO NEW U.S. SUPREME COURT DECISIONS 60 Alabama Lawyer 43 (January, 1999) In its most recent term, the United States Supreme Court issued three decisions that significantly expand the law against sexual harassment in the workplace (and one additional decision concerning liability of educational institutions for sexual harassment of students by employees). Two of these landmark cases, Burlington Industries, Inc.,... 1999
Jill Kreisberg EMPLOYERS AND EMPLOYEES BEWARE: THE DUTIES IMPOSED BY THE RECENT SUPREME COURT DECISIONS AND THEIR IMPACT ON SEXUAL HARASSMENT LAW 6 Cardozo Women's Law Journal 153 (1999) The now infamous case brought by Paula Corbin Jones against President Clinton did more than lead the President down the road to impeachment. The case gave national attention to the problem of sexual harassment for the first time since Anita Hill's allegations of sexual harassment by Justice Clarence Thomas. While the nation watched the unfolding... 1999
Angela Scott EMPLOYERS BEWARE! THE UNITED STATES SUPREME COURT OPENS THE FLOODGATES ON EMPLOYER LIABILITY UNDER TITLE VII. BURLINGTON INDUSTRIES, INC. V. ELLERTH, 118 S. CT. 2257 (1998) 24 Southern Illinois University Law Journal 157 (Fall, 1999) The United States Court of Appeals for the Seventh Circuit, when deciding Jansen v. Packaging Corp. of America, appealed to the United States Supreme Court to bring order to the chaotic case law in this important field of practice. The Supreme Court answered by agreeing to hear two sexual harassment cases to clarify employer liability for sex... 1999
by Peter Reed Corbin ; and Richard L. Ruth EMPLOYMENT DISCRIMINATION 50 Mercer Law Review 969 (Summer 1999) The 1998 survey period presented an extremely active year in the employment discrimination arena, not only for the Eleventh Circuit, but also for the United States Supreme Court. Three key decisions were rendered by the Supreme Court on sexual harassment and same-sex discrimination, and another decision was rendered on the arbitrability of ADA... 1999
Tracey Williams Overman EMPLOYMENT DISCRIMINATION LAW-TITLE VII AND SAME-SEX SEXUAL HARASSMENT-CLOSING THE GREAT DIVIDE: WHAT TO DO IN A SAME-SEX SEXUAL HARASSMENT CASE. ONCALE V. SUNDOWNER OFFSHORE SERVICES, INC., 118 S. CT. 998 (1998). 21 University of Arkansas at Little Rock Law Review 323 (Winter, 1999) In Oncale v. Sundowner Offshore Services, Inc., the United States Supreme Court decided that same-sex sexual harassment is a form of sex discrimination; it then held that sex discrimination comprised of same-sex sexual harassment is actionable under Title VII of the Civil Rights Act of 1964. The decision ended a division among lower courts... 1999
Bryan J. Pattison EMPLOYMENT LAW: BURLINGTON INDUSTRIES, INC. V. ELLERTH AND FARAGHER V. CITY OF BOCA RATON: A CLEAR RULE OF DETERRENCE OR AN INVITATION TO LITIGATE? THE SUPREME COURT RULES ON EMPLOYER LIABILITY FOR SUPERVISORY SEXUAL HARASSMENT 52 Oklahoma Law Review 461 (Fall, 1999) In the 1982 best-seller In Search of Excellence, management consultants Tom Peters and Robert Waterman issued these simple words of advice to companies aspiring to obtain the status of excellence: Treat people as adults; [t]reat them as partners; treat them with dignity; treat them with respect . . . ; [t] here [is] hardly a more pervasive theme... 1999
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