| Author | Title | Citation | Summary | Year |
| 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 |
| Michelle Cucuzza |
EVALUATING EMOTIONAL DISTRESS DAMAGE AWARDS TO PROMOTE SETTLEMENT OF EMPLOYMENT DISCRIMINATION CLAIMS IN THE SECOND CIRCUIT |
65 Brooklyn Law Review 393 (Spring, 1999) |
Although the number of civil cases filed in our nation's federal courts rose sharply in the past decade, the escalation of employment discrimination litigation has been particularly astounding. The Second Circuit, which at last glance maintained the fifth largest docket of all the circuits, has also experienced a surge in employment litigation. As... |
1999 |
| Michael D. Moberly |
EVOLUTION IN THE CIVIL RIGHTS REVOLUTION: THE SURVIVAL OF EMPLOYMENT DISCRIMINATION CLAIMS FOR PAIN AND SUFFERING |
17 Hofstra Labor & Employment Law Journal 1 (Fall 1999) |
Title VII of the Civil Rights Act of 1964 (Title VII) protects individuals from employment discrimination on a variety of bases, including race, color, religion, sex and national origin. As the first comprehensive federal employment discrimination legislation ever enacted, Title VII heralded a revolutionary change in the legal landscape and in... |
1999 |
| Valerie H. Hunt |
FARAGHER V. BOCA RATON: EMPLOYER LIABILITY IN HOSTILE ENVIRONMENT SEXUAL HARASSMENT CASES--IGNORANCE IS NO LONGER BLISS |
52 Arkansas Law Review 479 (1999) |
Title VII of the Civil Rights Act of 1964 (Title VII) protects an employee from sexual harassment in the workplace. Under Title VII, employers cannot discriminate against any individual with respect to terms, conditions, or privileges of employment based on such individual's race, color, religion, sex, or national origin. In applying Title VII's... |
1999 |
| Lionel M. Schooler |
FIFTH CIRCUIT HOLDS THAT AT-WILL EMPLOYEES HAVE CAUSE OF ACTION UNDER SECTION 1981 FOR RACIAL DISCRIMINATION DURING EMPLOYMENT |
36-FEB Houston Lawyer 42 (January-February, 1999) |
The United States Court of Appeals for the Fifth Circuit recently confronted an issue of first impression in Fadeyi vs. Planned Parenthood Association of Lubbock, Inc.: Whether a Texas employment-at-will relationship is a contract for the purposes of 42 U.S.C. § 1981. Finding that such a relationship is such a contract, the Court reversed a... |
1999 |
| Robert E. Wone |
HOW FREE IS HARASSMENT FREE? EMPLOYER LIABILITY FOR THIRD-PARTY RACIAL HARASSMENT |
2 University of Pennsylvania Journal of Labor and Employment Law 179 (Spring 1999) |
Freda and Sonia, both African-Americans, are waitresses at a local hotel. A local civic group has booked the ballroom and invited a noted comedian as the entertainment for the evening. The group has informed the hotel management that the comedian will be performing. The hotel manager is aware, from personal experience at another banquet, that the... |
1999 |
| Kim Houghton |
INTERNET PORNOGRAPHY IN THE LIBRARY: CAN THE PUBLIC LIBRARY EMPLOYER BE LIABLE FOR THIRD-PARTY SEXUAL HARASSMENT WHEN A CLIENT DISPLAYS INTERNET PORNOGRAPHY TO STAFF? |
65 Brooklyn Law Review 827 (Fall 1999) |
On its website, the American Civil Liberties Union (ACLU) provides answers to questions interested parties might pose regarding public library attempts to restrict access to Internet materials of a sexual nature, including the following: Q: Would libraries that do not use blocking software be liable for sexual harassment in the library? A: No.... |
1999 |
| Lisa Gelhaus |
JUDGE SAYS PIZZA HUT IS RESPONSIBLE FOR EMPLOYEES' RACIAL HARASSMENT |
35-MAR Trial 98 (March, 1999) |
Pizza Hut of America, Inc., settled a lawsuit after a federal judge found that restaurant employees' discourteous service to an African American family was racially motivated and that the company was liable under the Illinois Hate Crimes Act of 1995. The late December settlement comes several months after U.S. District Judge William Hart denied... |
1999 |
| Joshua A. Hawks-Ladds |
LABOR RELATIONS AND EMPLOYMENT LAW: 1998 DEVELOPMENTS IN CONNECTICUT |
73 Connecticut Bar Journal 223 (August, 1999) |
This article reviews significant 1998 employment-related decisions of the Connecticut supreme, appellate, and superior courts and the State of Connecticut Board of Labor Relations, as well as important 1998 legislation. Momentous supreme court decisions were sparse in 1998, with Brittell v. Department of Correction standing out as the most... |
1999 |
| Rodric B. Schoen |
PICKERING PLUS THIRTY YEARS: PUBLIC EMPLOYEES AND FREE SPEECH |
30 Texas Tech Law Review 5 (1999) |
I. Introduction. 5 II. Public Employee Speech: Protected or Not Protected?. 7 A. The First Major Case: Pickering. 7 B. Two Minor Cases: Mt. Healthy and Givhan. 13 C. The Second Major Case: Connick. 16 1. The Connick Majority. 16 2. The Connick Dissent. 23 3. Connick's Impact: The Balancing Test Causes Confusion. 24 D. The Final Major Case: Rankin.... |
1999 |
| Andrew P. Morriss |
PRIVATE AMICI CURIAE AND THE SUPREME COURT'S 1997-1998 TERM EMPLOYMENT LAW JURISPRUDENCE |
7 William & Mary Bill of Rights Journal 823 (April, 1999) |
The amicus curiae brief has become a common occurrence in today's legal arena, especially with the proliferation of private interest groups that specialize in numerous topics of political and social interest. The substantial increase in the use of amici briefs, however, has sparked criticism concerning both the costs (in effort and resources)... |
1999 |
| Leigh Woodruff Marquardt |
PROGRAMMING THE FUTURE OF EQUAL EMPLOYMENT OPPORTUNITY IN BROADCASTING: LUTHERAN CHURCH-MISSOURI SYNOD V. FCC |
6 Villanova Sports and Entertainment Law Journal 347 (1999) |
Minorities and women have a very small role in the communications industry. Bias both conscious and unconscious, reflecting traditional and unexamined . . . habits of thought, keeps up barriers that must come down if equal opportunity and nondiscrimination are ever genuinely to become this country's law and practice. Despite the growing importance... |
1999 |
| Scott K. Hewitt |
PUBLIC EMPLOYMENT: DISCRIMINATION |
28 Stetson Law Review 929 (Winter, 1999) |
Under the burden shifting framework of Title VII, circumstantial evidence that an employer stated the plaintiff was intimidating because of his strut and because he was a very large, very strong, very muscular, black man compared to three overweight white men, did establish a genuine issue of material fact as to the truth of the employer's... |
1999 |
| Brenda R. Mesker |
SEX DISCRIMINATION: DEFINING STANDARDS OF EMPLOYER LIABILITY FOR HOSTILE WORK ENVIRONMENT CLAIMS |
38 Washburn Law Journal 977 (Summer 1999) |
Employer liability for sexual harassment perpetrated by a supervisor against a subordinate employee is an area of the law that has produced much debate in recent years. In Faragher v. City of Boca Raton, the United States Supreme Court establishes a standard by which to evaluate employer liability under Title VII of the Civil Rights Act of 1964 for... |
1999 |
| Joseph C. Feldman |
STANDING AND DELIVERING ON TITLE VII'S PROMISES: WHITE EMPLOYEES' ABILITY TO SUE EMPLOYERS FOR DISCRIMINATION AGAINST NONWHITES |
25 New York University Review of Law and Social Change 569 (1999) |
Over twenty-five years ago, the Supreme Court in Trafficante v. Metropolitan Life Insurance Co. held that a white resident of an apartment complex had standing to sue the building owners for rental practices that discriminated against minority applicants. In a unanimous ruling, the Court reasoned that because the owner's racially discriminatory... |
1999 |
| Jennifer R. Taylor |
THE "SAME ACTOR INFERENCE:" A MECHANISM FOR EMPLOYMENT DISCRIMINATION? |
101 West Virginia Law Review 565 (Spring, 1999) |
I. Introduction. 565 II. Background. 567 A. McDonnell Douglas Corp. v. Green. 567 B. Proud v. Stone. 568 III. Recent Developments. 570 A. The Expansion of the Same Actor Inference to Include All Protected Classes and the Elimination of the Time Requirement Expressed in Proud. 571 1. Gender Discrimination and Time Requirement. 571 2. Race and... |
1999 |
| Elizabeth M. Brama |
THE CHANGING BURDEN OF EMPLOYER LIABILITY FOR WORKPLACE DISCRIMINATION |
83 Minnesota Law Review 1481 (May, 1999) |
Kimberly Ellerth worked as a salesperson for Burlington Industries before she quit, claiming she had been forced out of her job by workplace sexual harassment. Ellerth alleged that Ted Slowik, a supervisor and vice president of her division, repeatedly propositioned her, made lewd and offensive sexual remarks, and threatened her job when she... |
1999 |
| Paul Buchanan,Courtney W. Wiswall |
THE EVOLVING UNDERSTANDING OF WORKPLACE HARASSMENT AND EMPLOYER LIABILITY: IMPLICATIONS OF RECENT SUPREME COURT DECISIONS UNDER TITLE VII |
34 Wake Forest Law Review 55 (Spring 1999) |
The authors discuss the impact of Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton, two recent United States Supreme Court decisions addressing employer liability for sexually harassing conduct of subordinate employees by supervisors. The authors explore the practical implications of those rulings on employers'... |
1999 |
| Ernest F. Lidge III |
THE MEANING OF DISCRIMINATION: WHY COURTS HAVE ERRED IN REQUIRING EMPLOYMENT DISCRIMINATION PLAINTIFFS TO PROVE THAT THE EMPLOYER'S ACTION WAS MATERIALLY ADVERSE OR ULTIMATE |
47 University of Kansas Law Review 333 (January, 1999) |
I. Introduction. 334 II. Proving an Employment Discrimination Case. 340 A. Types of Discrimination Claims. 340 B. The Statutory Language. 341 C. Proving an Individual Disparate Treatment Case. 341 III. The Development of the Materially Adverse Requirement. 346 A. Ferguson and the Transformation of Adverse from a Shorthand Expression to a... |
1999 |
| Marley S. Weiss |
THE SUPREME COURT 1997-1998 LABOR AND EMPLOYMENT LAW TERM (PART II): THE NLRA, TAKINGS CLAUSE, AND ADA CASES |
14 Labor Lawyer 533 (Winter/Spring, 1999) |
The 1997-1998 Supreme Court term had more than its share of significant employment-related cases, and assessed as a whole, it signals some important trends indicative of future directions the Court may take in the field of labor and employment law. Out of fifteen decisions in cases raising at least one workplace law claim, at least five merit... |
1999 |
| Jessica Mollie Marlies |
THE WHYS OF LIES AND VAUGHAN V. METRAHEALTH: CAN AN EMPLOYER'S LIE BE USED TO MAKE AN INFERENCE OF DISCRIMINATION? |
77 North Carolina Law Review 2246 (September, 1999) |
Imagine that you are an African-American job applicant. You apply for a position for which you are qualified, but the employer does not hire you. Instead, it continues the search and hires a white applicant with similar qualifications. You suspect that the employer did not hire you because of racial prejudice. You file suit, and the employer... |
1999 |
| Deana A. Pollard |
UNCONSCIOUS BIAS AND SELF-CRITICAL ANALYSIS: THE CASE FOR A QUALIFIED EVIDENTIARY EQUAL EMPLOYMENT OPPORTUNITY PRIVILEGE |
74 Washington Law Review 913 (October, 1999) |
Recent breakthroughs in social psychology have resulted in the ability to measure unconscious bias scientifically. Studies indicate that prejudiced responses are largely unconscious, the result of normal cognitive processing and stereotypical associations of which the prejudiced subject may be completely unaware. The studies also indicate... |
1999 |
| Stuart J. Goldstein |
VICARIOUS EMPLOYER LIABILITY FOR SUPERVISORY SEXUAL HARASSMENT: "SEE NO EVIL, HEAR NO EVIL" IS NO EXCUSE |
29 Seton Hall Law Review 1037 (1999) |
Claims of sexual harassment in the workplace are generally brought under Title VII of the Civil Rights Act of 1964, which, in part, prohibits employment discrimination on the basis of sex. As the number of sexual harassment complaints skyrockets, courtrooms, boardrooms, and lunchrooms across the country are buzzing with discussion and debate over... |
1999 |
| Harry T. Edwards |
WHERE ARE WE HEADING WITH MANDATORY ARBITRATION OF STATUTORY CLAIMS IN EMPLOYMENT? |
16 Georgia State University Law Review 293 (Winter, 1999) |
The subject of mandatory arbitration of statutory claims in employment has been a matter of great interest to the courts in recent years. My thinking on this subject is influenced by my current position as a federal judge. It is also informed, however, by my former work as a labor law practitioner in Chicago, my time as a labor law teacher and... |
1999 |
| David Monassebian |
A SURVEY OF FEDERAL CASES INVOLVING EMPLOYER VICARIOUS LIABILITY FOR SEXUAL HARASSMENT |
8 Boston University Public Interest Law Journal 175 (Fall, 1998) |
The plaintiff, a former employee of Burlington Industries Inc., invoked Title VII of the Civil Rights Act of 1964 against Burlington Industries, Inc. seeking damages, arguing that she was subjected to constant sexual harassment by her supervisor. Hostile work environment sexual harassment, distinguished from quid pro quo sexual harassment, is... |
1998 |
| Mark C. Weber |
BEYOND THE AMERICANS WITH DISABILITIES ACT:A NATIONAL EMPLOYMENT POLICY FOR PEOPLE WITH DISABILITIES |
46 Buffalo Law Review 123 (WINTER 1998) |
Of all the personal narratives about individuals with disabilities and employment, one of the most revealing is that of the well-dressed business traveler, sitting in an airport in her wheelchair with a styrofoam cup full of coffee in her hand. Along comes another traveler, who smiles at her, and then drops a quarter into the cup. The story is... |
1998 |
| Mary Ellen Maatman |
CHOOSING WORDS AND CREATING WORLDS: THE SUPREME COURT'S RHETORIC AND ITS CONSTITUTIVE EFFECTS ON EMPLOYMENT DISCRIMINATION LAW |
60 University of Pittsburgh Law Review 1 (Fall, 1998) |
In 1964, Congress enacted a law for the eradication of discrimination in employment, but said little about the nature of the acts it intended to prohibit. The statute precludes employers from making employment decisions because of ... race, color, religion, sex, or national origin. Congress has never statutorily defined the term because of,... |
1998 |
| Suzanne M. Guitar |
COLLATERAL ESTOPPEL AND EMPLOYMENT SECURITY COMMISSION DECISIONS: STUNTED EFFORTS TO MINIMIZE LITIGATION COSTS |
49 South Carolina Law Review 1151 (Summer 1998) |
In Shelton v. Oscar Mayer Foods Corp. the Supreme Court of South Carolina held that the judicially created doctrine of collateral estoppel should not be applied to prevent the relitigation of issues previously decided in Employment Security Commission (ESC) hearings. In so holding, South Carolina joined the ranks of numerous other jurisdictions... |
1998 |
| John-Paul Motley |
COMPULSORY ARBITRATION AGREEMENTS IN EMPLOYMENT CONTRACTS FROM GARDNER-DENVER TO AUSTIN: THE LEGAL UNCERTAINTY AND WHY EMPLOYERS SHOULD CHOOSE NOT TO USE PREEMPLOYMENT ARBITRATION AGREEMENTS |
51 Vanderbilt Law Review 687 (April 1, 1998) |
I. Introduction. 688 II. Supreme Court History on Enforceability of Mandatory Arbitration Clauses in Labor and Employment Agreements. 690 A. The Federal Arbitration Act of 1925. 691 B. Alexander v. Gardner-Denver Co. and Its Progeny. 693 C. Mitsubishi Trilogy of Arbitration Cases Involving Statutory Claims. 695 D. Gilmer v. Interstate/Johnson Lane... |
1998 |
| Alfred W. Blumrosen , Ruth G. Blumrosen , Marco Carmignani , Thomas Daly |
DOWNSIZING AND EMPLOYEE RIGHTS |
50 Rutgers Law Review 943 (Spring, 1998) |
This Article examines how millions of jobs have been lost through the downsizing process in the last decade, with little regard for Title VII, the ADEA, ERISA, and state contract law. It explains how employers insulate themselves from liability by planning in advance to pay severance pay to those who are fired in exchange for waivers of all rights.... |
1998 |
| Alfred W. Blumrosen , Ruth G. Blumrosen , Marco Carmignani , Thomas Daly |
DOWNSIZING--EMPLOYEE RIGHTS OR EMPLOYER PREROGATIVE? |
2 Employee Rights and Employment Policy Journal 1 (1998) |
I. Introduction. 3 A. The Downsizing Plan. 4 B. Emerging Worker Rights to Timely Information Concerning Major Employment Issues. 9 II. Reviewing the Decision to Downsize. 12 A. Review under Title VII. 13 1. Downsizing is a Selection Procedure Under Title VII. 13 2. Establishing Disparate Impact of Downsizing. 14 3. Disparate Impact Doctrine... |
1998 |