| Author | Title | Citation | Summary | Year |
| 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 |
| David Charny , G. Mitu Gulati |
EFFICIENCY-WAGES, TOURNAMENTS, AND DISCRIMINATION: A THEORY OF EMPLOYMENT DISCRIMINATION LAW FOR "HIGH-LEVEL" JOBS |
33 Harvard Civil Rights-Civil Liberties Law Review 57 (Winter, 1998) |
Although economists and sociologists continue to dispute the role of discrimination law in contributing to blacks' economic progress in the 1960s and 1970s, there is an emerging consensus that the success story of that period is unlikely to be replicated in the next decade. The circumstances that enabled the law to be effective during that period... |
1998 |
| Anna S. Rominger , Pamela Sandoval |
EMPLOYEE TESTING: RECONCILING THE TWIN GOALS OF PRODUCTIVITY AND FAIRNESS |
10 DePaul Business Law Journal 299 (Spring-Summer 1998) |
C1-3Table of Contents I. Introduction. 301 II. The Genesis of Testing Human Potential. 304 III. The Development of Fair Employment Policy. 305 A. Stage One: Congress Acts to Remedy Disparate Treatment. 306 B. Stage Two: Courts Implement the Job-Relatedness Doctrine. 308 C. Stage Three: Courts Examine Expert Evidence to Determine Validity. 312 D.... |
1998 |
| Audrey C. Tan |
EMPLOYER LIABILITY FOR RACIST HATE SPEECH BY THIRD-PARTIES: COMPARISON OF APPROACHES IN GREAT BRITAIN AND THE UNITED STATES. |
20 Loyola of Los Angeles International and Comparative Law Journal 873 (December, 1998) |
Two young African-American women answer an advertisement that seeks temporary waitresses for a dinner at a large hotel. The two women are hired and told to report to the hotel's main banquet hall the next night. They do so and, except for a bit of confusion over drink orders, things proceed quite well for the next few hours. As the women begin to... |
1998 |
| Kara McCarthy Perry |
EMPLOYMENT DISCRIMINATION--RACIAL DISCRIMINATION--A RATIONAL FACTFINDER COULD FIND THAT A SINGLE DEROGATORY RACIAL SLUR UTTERED BY AN EMPLOYEE'S SUPERIOR AMOUNTS TO DISCRIMINATORY CONDUCT SEVERE ENOUGH TO CREATE A HOSTILE WORK ENVIRONMENT AND OUTRAGEOUS E |
28 Seton Hall Law Review 1419 (1998) |
On January 31, 1992, plaintiff Carrie Taylor, an African-American woman who worked as a Burlington County Sheriff's Officer since 1972, encountered the defendant, Sheriff Henry Metzger, while receiving firearms training at the Burlington County Police Academy. See Taylor v. Metzger, No. A-9, 1998 WL 63084, at *1 (N.J. Feb. 18, 1998). When Taylor... |
1998 |
| M. Christina Floyd |
EMPLOYMENT LAW |
32 University of Richmond Law Review 1199 (November, 1998) |
There have been a variety of developments in employment law since the Annual Survey of Virginia Law last included an article on this topic. This article focuses primarily upon two significant areas: (1) wrongful discharge and (2) employment contract claims which have been litigated since September 1996. Public sector employment, unemployment... |
1998 |
| Robert Belton |
EMPLOYMENT LAW: A REVIEW OF THE 1997 TERM DECISIONS OF THE SUPREME COURT |
2 Employee Rights and Employment Policy Journal 267 (1998) |
The Supreme Court has decided a significant number of individual employee rights cases since its landmark 1971 decision in Griggs v. Duke Power Co. Griggs is one of the most important developments in individual employee rights jurisprudence. Since Griggs, the Supreme Court has decided more than 150 cases involving individual (as opposed to... |
1998 |
| Robert P. Henley |
EMPLOYMENT: SEXUAL HARASSMENT |
75 Denver University Law Review 829 (1998) |
Sexual harassment in the workplace has been an enigma both in the nature of the acts which violate Title VII and the extent of an employer's liability for the acts of harassing employees. In recent decades Supreme Court rulings have broadly advanced the goals of congressional legislation to define both actionable sexual harassment in the workplace... |
1998 |
| John V. Jansonius , Andrew M. Gould |
EXPERT WITNESSES IN EMPLOYMENT LITIGATION: THE ROLE OF RELIABILITY IN ASSESSING ADMISSIBILITY |
50 Baylor Law Review 267 (Spring 1998) |
There are a sort of men whose visages Do cream and mantle like a standing pond And do a willful stillness entertain, With purpose to be dress'd in an opinion Of wisdom, gravity, profound conceit, And who should say, I am Sir Oracle, And when I open my lips let no dog bark! C1-3Table of Contents I. Introduction. 268 II. Historical Development of... |
1998 |
| John M. Vande Walle |
IN THE EYE OF THE BEHOLDER: ISSUES OF DISTRIBUTIVE AND CORRECTIVE JUSTICE IN THE ADA'S EMPLOYMENT PROTECTION FOR PERSONS REGARDED AS DISABLED |
73 Chicago-Kent Law Review 897 (1998) |
Unlike other federal statutes protecting persons from employment discrimination on the basis of race, sex, color, national origin, religion, or age, the Americans with Disabilities Act (ADA) protects persons from employment discrimination on the basis of a characteristic that not all persons possess. The ADA's protection is reserved for... |
1998 |
| Lawrence H. Clore , Robin W. Coopwood , Shelly A. Leibham |
LABOR & EMPLOYMENT |
29 Texas Tech Law Review 735 (1998) |
I. Introduction. 735 II. The Age Discrimination in Employment Act. 736 III. The Americans with Disabilities Act. 739 IV. The Family and Medical Leave Act. 743 V. The Federal Arbitration Act. 744 VI. The National Labor Relations Act. 747 VII. The Occupational Safety and Health Act. 750 VIII. Public Employees. 750 IX. Title VII of the Civil Rights... |
1998 |
| Jeffrey M. Hirsch |
LABOR LAW OBSTACLES TO THE COLLECTIVE NEGOTIATION AND IMPLEMENTATION OF EMPLOYEE STOCK OWNERSHIP PLANS: A RESPONSE TO HENRY HANSMANN AND OTHER "SURVIVALISTS" |
67 Fordham Law Review 957 (December, 1998) |
POLICY debate in the United States over how best to promote employee productivity increasingly emphasizes the importance of employee ownership of firms. Employee ownership plans, which can vary from those that merely serve as a form of pension to those through which employees undertake a complete buy-out of a firm, have increased in large part as a... |
1998 |
| Laura L. Hirschfeld |
LEGAL DRUGS? NOT WITHOUT LEGAL REFORM: THE IMPACT OF DRUG LEGALIZATION ON EMPLOYERS UNDER CURRENT THEORIES OF ENTERPRISE LIABILITY |
7 Cornell Journal of Law & Public Policy 757 (Spring 1998) |
The good, say the mystics of muscle, is Society--a thing which they define as an organism that possesses no physical form, a superbeing embodied in no one in particular and everyone in general except yourself. . . . Man's mind, say the mystics of muscle, must be subordinated to the will of Society. . . . Man's standard of value, say the mystics of... |
1998 |
| Theodore J. St. Antoine |
MANDATORY ARBITRATION OF EMPLOYEE DISCRIMINATION CLAIMS: UNMITIGATED EVIL OR BLESSING IN DISGUISE? |
15 Thomas M. Cooley Law Review 1 (1998) |
Things are seldom what they seem: Skim milk masquerades as cream; Highlows pass as patent leathers; Jackdaws strut in peacock's feathers . . . . Black sheep dwell in every fold; All that glitters is not gold. W.S. Gilbert H.M.S. Pinafore One of the hottest current issues in employment law is the use of mandatory arbitration to resolve workplace... |
1998 |
| William H. Daughtrey, Jr. , Donnie L. Kidd, Jr. |
MODIFICATIONS NECESSARY FOR COMMERCIAL ARBITRATION LAW TO PROTECT STATUTORY RIGHTS AGAINST DISCRIMINATION IN EMPLOYMENT: A DISCUSSION AND PROPOSALS FOR CHANGE |
14 Ohio State Journal on Dispute Resolution 29 (1998) |
Consider the case of a woman named Martha, a middle-aged African American who is a relatively well-paid secretary for a large manufacturing corporation. Before she began her first workday, the company required her to sign an employment agreement. Later, having watched younger, white secretaries receive promotions instead of herself, Martha believed... |
1998 |
| Karen B. Brown |
NOT COLOR- OR GENDER-NEUTRAL: NEW TAX TREATMENT OF EMPLOYMENT DISCRIMINATION DAMAGES |
7 Southern California Review of Law and Women's Studies 223 (Spring 1998) |
To support a host of tax give aways offered as a palliative to small businesses required to pay a higher minimum wage, Congress eliminated a venerated Internal Revenue Code (IRC) provision that supported exclusion from gross income of damages received on account of race- and gender-based employment discrimination. Congress' 1996 amendment of IRC... |
1998 |
| EDWARD LIEBER |
PICKETING THE INFORMATION SUPERHIGHWAY: MUST EMPLOYERS BARGAIN WITH A UNION OVER THEIR E-MAIL POLICY? |
1998 Annual Survey of American Law 517 (1998) |
There are over twenty million e-mail users in the United States today. It is estimated that in the year 2000, there will be over forty million users. E-mail use is especially prevalent in the workplace; as of 1996, 90% of employers with over 1000 employees utilized e-mail as either a means of interoffice communication or as an integral part of... |
1998 |
| David N. Rosen , Jonathan M. Freiman |
REMODELING MCDONNELL DOUGLAS: FISHER V. VASSAR COLLEGE AND THE STRUCTURE OF EMPLOYMENT DISCRIMINATION LAW |
17 QLR 725 (Winter 1998) |
In Fisher v. Vassar College, the Second Circuit debated, long and fractiously, the meaning of a central structure of employment discrimination law: the sequence of proof created by the Supreme Court in McDonnell Douglas Corp. v. Green. McDonnell Douglas involved a claim of a racially discriminatory refusal to hire. The Court said that the... |
1998 |
| Melissa A. Essary, Terence D. Friedman |
RETALIATION CLAIMS UNDER TITLE VII, THE ADEA, AND THE ADA: UNTOUCHABLE EMPLOYEES, UNCERTAIN EMPLOYERS, UNRESOLVED COURTS |
63 Missouri Law Review 115 (Winter 1998) |
C1-3Table of Contents Introduction 116 II. The Anti-Retaliation Clause. 118 A. Procedure. 119 B. Prima Facie Case. 120 III. Protected Activity. 121 A. Participation. 121 1. EEOC Claims. 121 2. Employee Engaging in Her Own Investigation as Participation. 123 B. Opposition. 125 1. Protesting Directly to the Employer. 125 2. Opposing a Practice Not... |
1998 |
| Mary Louise Fellows |
ROCKING THE TAX CODE: A CASE STUDY OF EMPLOYMENT-RELATED CHILD-CARE EXPENDITURES |
10 Yale Journal of Law & Feminism 307 (1998) |
Introduction. 308 I. Current Tax Treatment of Employment-Related Child-Care Expenditures. 312 II. The History of Waged Childcare. 315 A. Domestic Work from the Nineteenth Century Until World War II. 316 1. The Respectability/Degeneracy Distinction. 316 2. The Cult of Respectability in the Last Half of the Nineteenth Century. 318 3. Geographic... |
1998 |
| |
SELECTED LABOR AND EMPLOYMENT LAW UPDATES |
1 University of Pennsylvania Journal of Labor and Employment Law 789 (Fall, 1998) |
This section of the Journal provides notes on recent cases, pending or newly-enacted legislation, and other current legal materials. The Updates section is designed to aid the practitioner in relating the Symposium topic and Journal articles to the daily practice of labor and employment law. The Journal welcomes outside submissions of brief... |
1998 |
| Julie A. Springer , Phyllis Pollard , R. Paige Arnette |
SURVEY OF SELECTED EVIDENTIARY ISSUES IN EMPLOYMENT LAW LITIGATION |
50 Baylor Law Review 415 (Spring 1998) |
C1-3Table of Contents I. Introduction. 416 II. Plaintiff's Prior Sexual Behavior and Attitude. 416 A. Plaintiff's Sexual Behavior with the Alleged Harasser and in the Workplace. 417 B. Plaintiff's Sexual Behavior with Third Parties and Outside the Workplace. 422 C. The Sexual Harassment Shield--Rule 412. 425 III. Plaintiff's Psychological and... |
1998 |
| Julie S. Northup |
THE "SAME ACTOR INFERENCE" IN EMPLOYMENT DISCRIMINATION: CHEAP JUSTICE? |
73 Washington Law Review 193 (January, 1998) |
In Proud v. Stone, a 1991 age-related employment discrimination case, the Fourth Circuit established the evidentiary principle that a strong inference of nondiscrimination arises when the same person hires and then fires the plaintiff within a short period of time. This same actor inference has been adopted in varying degrees by six... |
1998 |
| Karen F. Mahoney |
THE AFTER-ACQUIRED EVIDENCE DOCTRINE: AN ADDITIONAL HURDLE FOR THE VICTIM OF EMPLOYMENT DISCRIMINATION |
3 Suffolk Journal of Trial and Appellate Advocacy 111 (1998) |
The lesson for employers: If you don't like the hand you're dealt, reshuffle the deck. In employment discrimination law practice, opposing parties must climb a series of steps before reaching trial. At one such step, the defendant employer decides which defense to assert against the plaintiff employee's allegation of discrimination. If in agreement... |
1998 |
| Gilbert F. Casellas |
THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION: CHALLENGES FOR THE TWENTY-FIRST CENTURY |
1 University of Pennsylvania Journal of Labor and Employment Law 1 (Spring, 1998) |
Who is more deserving of protection from discrimination on the job? Some might argue in favor of African Americans, who were the objects of the most offensive, legally sanctioned racial oppression of any group in our country's history. The civil rights movement and resulting legislation were a reaction to the segregation imposed on African... |
1998 |
| Gerald J. “Jerry” Huffman, Jr. |
THE NEW LOUISIANA EMPLOYMENT STATUTES: WHAT HATH THE LEGISLATURE WROUGHT |
58 Louisiana Law Review 1033 (Summer 1998) |
Louisiana, as with many southern states, was slow to enact employment discrimination legislation. While Congress had provided protection against racial, sexual, religious discrimination in 1964, age discrimination in 1967, and disability discrimination in 1973, our state's first enactment in this area was to provide protection against age... |
1998 |
| Marley S. Weiss |
THE SUPREME COURT 1997-1998 LABOR AND EMPLOYMENT LAW TERM (PART I): THE SEXUAL HARASSMENT DECISIONS |
14 Labor Lawyer 261 (Fall, 1998) |
Specialists in the field of labor and employment law will remember this Supreme Court term as the year of the sexual harassment trilogy, or perhaps, counting the Title IX case decided this year, quartet. The Paula Jones litigation has further contributed to the public impression that this has been the year of sexual harassment litigation. At the... |
1998 |
| Cynthia L. Estlund |
THE WORKPLACE IN A RACIALLY DIVERSE SOCIETY: PRELIMINARY THOUGHTS ON THE ROLE OF LABOR AND EMPLOYMENT LAW |
1 University of Pennsylvania Journal of Labor and Employment Law 49 (Spring, 1998) |
President Clinton stirred some hope, along with some cynicism, in his effort to initiate a national conversation about race. Race unquestionably divides Americans-particularly black and white Americans-in their experiences and in their perceptions of the world, of social policy, and of each other. Few question the need for a more honest... |
1998 |
| Joseph J. Ward |
A CALL FOR PRICE WATERHOUSE II: THE LEGACY OF JUSTICE O'CONNOR'S DIRECT EVIDENCE REQUIREMENT FOR MIXED-MOTIVE EMPLOYMENT DISCRIMINATION CLAIMS |
61 Albany Law Review 627 (1997) |
In 1989 the United States Supreme Court decided Price Waterhouse v. Hopkins, a mixed-motive employment discrimination case establishing the requirement that a plaintiff must produce direct evidence of discrimination before the burden of proof will shift to the defendant in Title VII claims. Prior to its decision in Price Waterhouse, the Court had... |
1997 |
| Carroll Seron, PH.D., Project Coordinator, Martin Frankel, PH.D. Douglas Muzzio, PH.D. Joseph Pereira, PH.D. Gregg Van Ryzin, PH.D., School of Public Affairs Baruch College, City University of New York in Collaboration With Louis Harris and Associates, In |
A REPORT OF THE PERCEPTIONS AND EXPERIENCES OF LAWYERS, JUDGES, AND COURT EMPLOYEES CONCERNING GENDER, RACIAL AND ETHNIC FAIRNESS IN THE FEDERAL COURTS OF THE SECOND CIRCUIT OF THE UNITED STATES |
1997 Annual Survey of American Law 415 (1997) |
Summary. 419 Chapter 1 Introduction. 429 Chapter 2 Does Gender or Race Matter in the Federal Courts of the Second Circuit?. 434 Chapter 3 Interactions Among Professionals. 450 Chapter 4 The Treatment of Parties and Witnesses. 471 Appendix A Design of the Study of Gender, Racial, and Ethnic Fairness in the Federal Courts of the Second Circuit:... |
1997 |
| Theresa M. Waugh |
ADDING TO THE CONFUSION SURROUNDING EMPLOYMENT DISCRIMINATION ACTIONS TO THE SECOND CIRCUIT: CHERTKOVA v. CONNECTICUT GENERAL LIFE INSURANCE CO. |
29 Connecticut Law Review 1827 (Summer, 1997) |
On August 9, 1996, the Second Circuit Court of Appeals decided Chertkova v. Connecticut General Life Insurance Company, an employment discrimination action involving a plaintiff's challenge to the district court's decision granting summary judgment to the defendant. Though ultimately yielding a valid outcome, the court of appeals' analysis... |
1997 |